Returning Petitions to the United States via 221g

[Dixie_Peach 1]

Ahlan

My Fiance was given g-221 April 2005 asking for joint sponsor, i sent them the i-134, July 2005 they sent my i 1239f back to DHS for review and possible revokation.

saying the consular officer has too many questions and qonserns regarding the relathionship, untill today i dont have a unswer.

I just wrote to Senator Diane Fenstein i will see if she can help.

Salam

Sorry for the delay in your visa process! Hope you get good news soon!

[fatimah 0]

PLEASE count me in for this!!!

Khadija

[~kiyah~ 14]

We are at 50 supporters...AJEEB!!! Still no word yet...insh'allah it will be today!

Support tally: 50

1. Kiya

2. Rhouni

3. Denali_1963

4. Morocco4ever

5. LebaneseBride

6. Dixie_Peach

7. Dawnnhatem

8. Tom&tata

9. Maryandatif

10. Noura

11. Mawelvan

12. Kml_36

13. Myfellah

14. Jenn3539

15. Meriem_setif

16. Chiquita

17. Portsaid

18. Wife_of_Mahmoud

19. Carshel

20. Wmoonshine69

21. Mianishqsrose

22. pax

23. pri

24. karen_2705

25. oly

26. farah2005

27. bornot2b

28. kerwin

29. tnh9479

30. stacato

31. Omid

32. matt_stevens

33. ajmc

34. pbgirl

35. JanaknJanet

36. ramlirobin

37. libragodess

38. joej

39. prena

40. Jme3584

41. Amerylu

42. lamaestra

43. lis_cindy

44. kader

45. shonjaved

46. Bismillahir-Rhamaner-Rahim

47. Maghreb

48. anxious

49. jennieh

50. fatimah

_______________________________________

If you support pinning this issue...please say so by posting in this topic. Without forum support the issue will never get pinned. Shokran.

~Kiya~

Edited March 1, 2006 by Kiya

[~kiyah~ 14]

Ahlan

My Fiance was given g-221 April 2005 asking for joint sponsor, i sent them the i-134, July 2005 they sent my i 1239f back to DHS for review and possible revokation.

saying the consular officer has too many questions and qonserns regarding the relathionship, untill today i dont have a unswer.

I just wrote to Senator Diane Fenstein i will see if she can help.

Salam

Wasalaam Alaikum.

You mean the United States has not contacted your fiance yet...even though the file was sent back to the united States in July 2005?? I would think she should be hearing something soon. Even if it took one month to get to the service center, that still leaves 6 months for them to figure it out and contact your fiance.

Your fiance can contact the National Service Center to have them start an inquiry for the local service center where the case was originally filed. Your fiance will need the receipt number, case number, your alien number, NOA1, NOA2, and a copy of all 221g documents received in front of her when making this call. Also, it would be a good idea to write out the questions she has before calling...this will help her stay focused and on track to have the questions she needs answered in front of her when on the call with them:

National Service Center - 800-375-5283

This is a new procedure for inquiring on cases like this...I tried contacting the California Service Center by fax which is where my file was originally processed to find out what to do, etc. I received a letter from the California Service Center, they sent my fax back to me saying they no longer accept inquiries directly via fax or letter to their office, to make the inquiry directly with the National Service Center.

The National Service Center makes the inquiry...sends it off to the local service center so they can easily track and expedite all inquiries made...thus getting your questions answered quicker (at least this is how it is supposed to work according to the USCIS).

I'm not sure how much your Senator or Congressman can do at this point in the game but it is worth a try...however, there is another person your fiance can contact to make any inquiry in Washington DC. I have that name and address at home...as soon as I get home I will send you a PM with that information.

I wish you luck, you have to be getting close to hearing something very soon, insh'allah. In the meantime...stay strong and make sure your fiance is prepared with all your proof of relationship, including the new proof from the time of the interview up to present date. She will only have about 30 days to respond to the notice received from the USCIS depending on how they contact her.

As for us, the interview was mid January so it will be 6 months at least before I am notified here in the US...our waiting has just begun.

Allah with you!

~Kiya~

Edited March 1, 2006 by Kiya

[morocco4ever 63]

Ahlan

My Fiance was given g-221 April 2005 asking for joint sponsor, i sent them the i-134, July 2005 they sent my i 1239f back to DHS for review and possible revokation.

saying the consular officer has too many questions and qonserns regarding the relathionship, untill today i dont have a unswer.

I just wrote to Senator Diane Fenstein i will see if she can help.

Salam

Wasalaam Alaikum.

You mean the United States has not contacted your fiance yet...even though the file was sent back to the united States in July 2005?? I would think she should be hearing something soon. Even if it took one month to get to the service center, that still leaves 6 months for them to figure it out and contact your fiance.

Your fiance can contact the National Service Center to have them start an inquiry for the local service center where the case was originally filed. Your fiance will need the receipt number, case number, your alien number, NOA1, NOA2, and a copy of all 221g documents received in front of her when making this call. Also, it would be a good idea to write out the questions she has before calling...this will help her stay focused and on track to have the questions she needs answered in front of her when on the call with them:

National Service Center - 800-375-5283

This is a new procedure for inquiring on cases like this...I tried contacting the California Service Center by fax which is where my file was originally processed to find out what to do, etc. I received a letter from the California Service Center, they sent my fax back to me saying they no longer accept inquiries directly via fax or letter to their office, to make the inquiry directly with the National Service Center.

The National Service Center makes the inquiry...sends it off to the local service center so they can easily track and expedite all inquiries made...thus getting your questions answered quicker (at least this is how it is supposed to work according to the USCIS).

I'm not sure how much your Senator or Congressman can do at this point in the game but it is worth a try...however, there is another person your fiance can contact to make any inquiry in Washington DC. I have that name and address at home...as soon as I get home I will send you a PM with that information.

I wish you luck, you have to be getting close to hearing something very soon, insh'allah. In the meantime...stay strong and make sure your fiance is prepared with all your proof of relationship, including the new proof from the time of the interview up to present date. She will only have about 30 days to respond to the notice received from the USCIS depending on how they contact her.

As for us, the interview was mid January so it will be 6 months at least before I am notified here in the US...our waiting has just begun.

Allah with you!

~Kiya~

I have never seen a petition get back to the service center in only 1 month. Ours took 4 months, and from what I understand that is fast. Of course it is way past time to get your representative involved. Do it now, they can at least help you to locate where the petiton is.

[~kiyah~ 14]

I have never seen a petition get back to the service center in only 1 month. Ours took 4 months, and from what I understand that is fast. Of course it is way past time to get your representative involved. Do it now, they can at least help you to locate where the petiton is.

I definitely agree...the time it seems to take for everyone is "at least" six months to hear anything.

The way I understand it the petition is sent back by diplomatic pouch...each petition has a registration number. My Senator was able to get that registration number for me.

After it actually leaves the consulate it goes to directly to the National Visa Center. The NVC has developed a system for tracking all returned petitions. The NVC Fraud Prevention Unit is notified on the petition return, they review the case at the NVC, collect data pertinent to the case and then forwarded on to the local service center where the petition was originally filed and that office notifies the petitioner. I'm not quite clear on who atcually makes the final decision...the NVC or the local service center but am still researching everything to find out as much as possible.

Here is the address where the petition goes to once it leaves the consulate:

National Visa Center

32 Rochester Ave.

Portsmouth NH 03801

Attn: Fraud Prevention Manager

So, I can definitely see why this would take longer than 6 months...especially when consulates sit on these petitions before actually sending them back for review. I do think we deserve much faster responses regarding all of our cases. Not only is it not fair to send it back to the United States without giving a real reason as to why...it is also not fair to make us wait 6 months to a year before knowing anything regarding the status of our petitions.

In the case of Morocco, I tend to think that they intentionally sit on petitions even though it is against the guidelines...we all know they are not following the guidelines in Morocco. I really feel they enjoy this...especially in regards to this particular female consular officer.

I also agree that the consulate has most likely made a decision on our cases before our spouses are even interviewed...it is then up to our spouses to "convince" them of their eligibility for the visa. Which by the way is also against the guidelines.

#7 in Telegram 1388 on the USCIS web site -

"In general, an approved petition will be considered by consular officers as prima facie evidence that the requirements for classification - which are examined in the petition process - have been met. Where congress has placed responsibility and authority with DHS to determine whether the requirements for status which are examined in the petition process have been met, consular officers do not have the authority to question the approval of petitions without specific evidence, generally unavailable to DHS at the time of petition approval, that the beneficiary may not be entitled to status (see 9 FAM 41.53, Note 2, 41.54 Note 3.2-2, 41.55 Note 8, 41.56 Note 10, 41.57 Note 6, and 42.43 Note 2) due to fraud, changes in circumstances or clear error on the part of DHS in approving the petition. Conoffs should not assume that a petition should be revoked simply because they would have reached a different decision if adjudicating the petition."

It is my gut feeling that Casa is clearly not following this portion on the guidelines...and its not like they do not know about them either. ALL consulates received this telegram notification from the Secretary of State. Unless they have tangible evidence we have all committed fraud or meet any of the revocation criteria listed in the FAM they should have issued our visas.

In regards to K1 (non-immigrant) visas there is this statement in the guidelines:

"When a petition is returned to DHS, if DHS concurs with the officer''s recommendation, DHS regulations require DHS/BCIS to provide the petitioner notice of intent to revoke, and to allow the petitioner an opportunity to rebut the grounds for revocation. DHS regulations require that, in the case of nonimmigrant petitions, the revocation must be based only on grounds specified in the regulations. Those grounds include evidence that the statement of facts in the petition was not true and correct, or that the approval involved gross error. The FAM often only summarizes the petition approval criteria because they are too lengthy and complicated to reproduce fully (the H regulations, for example, contain about 25 pages of double column material). Absent access to the full DHS regulations, conoffs may not be aware of all of the factors considered by DHS in approving a petition. In addition, conoffs are normally less knowledgeable about the basis for petition eligibility than DHS personnel; they therefore should not jump to conclusions regarding petitions. In addition, conoffs should return petitions only where there is specific, material and clear evidence to provide the DHS a basis to initiate petition revocation procedures.

Sufficiency of evidence"

Now, my petition is a non-immigrant petition...what I want to know is exactly what "evidence" do they have that show the facts in my petition are not true and correct?? We are not committing visa fraud...what evidence is there of that?? Exactly what gross error was there in the approval? It is when my fiance and I marry here in the United States that he will Adjust Status to an immigrant visa...we will BOTH go through a very lengthy and stressful interview process here in the United States to prove our relationship is real and valid before he is approved for a green card.

I swear, by the time I get this notice of whatever their intention regarding action on my petition is I will be near a bar exam for immigration law. I plan to use every single shred of the available guidelines, unclassified regulations from the Foreign Affairs Manual along with ALL of our proof to fight them if they intend to revoke my petition.

Sorry, I seem to have gotten on a tangent again.

~Kiya~

Edited March 1, 2006 by Kiya

[jennieh 0]

You got that right im scared right now!! Were waiting on a interview but dont have it yet! I hope I dont regret wanting one. We have been waiting almost 2 months for a date. And by the sounds of it our chances of getting a April date are not good either.

[~kiyah~ 14]

Found more support from my "spamming" ...no stalkers though...LOL

Shokran!!!

Support tally: 51

1. Kiya

2. Rhouni

3. Denali_1963

4. Morocco4ever

5. LebaneseBride

6. Dixie_Peach

7. Dawnnhatem

8. Tom&tata

9. Maryandatif

10. Noura

11. Mawelvan

12. Kml_36

13. Myfellah

14. Jenn3539

15. Meriem_setif

16. Chiquita

17. Portsaid

18. Wife_of_Mahmoud

19. Carshel

20. Wmoonshine69

21. Mianishqsrose

22. pax

23. pri

24. karen_2705

25. oly

26. farah2005

27. bornot2b

28. kerwin

29. tnh9479

30. stacato

31. Omid

32. matt_stevens

33. ajmc

34. pbgirl

35. JanaknJanet

36. ramlirobin

37. libragodess

38. joej

39. prena

40. Jme3584

41. Amerylu

42. lamaestra

43. lis_cindy

44. kader

45. shonjaved

46. Bismillahir-Rhamaner-Rahim

47. Maghreb

48. anxious

49. jennieh

50. fatimah

51. kimjoshian

_______________________________________

If you support pinning this issue...please say so by posting in this topic. Without forum support the issue will never get pinned. Shokran.

~Kiya~

Edited March 1, 2006 by Kiya

[Cassie 8]

Kiya, you may wish to ask Chief Wookie to pin your thread, he's the "technical guy".

[AngelK96 0]

kiya, i forgot to tell you to add me to the list, but when i got my yallah middle east thread pinned all i did was email the admin and asked him to pin my thread and close my old yalla middle east thread.

Did the admin say you need a lot of people to support you before they pinned it? This thread of yours should already be pinned in the middle east section since it has to do with people going thru the ME/NA, but as for the waivers forum i don't know.

Good Luck

Angel

[~kiyah~ 14]

Adding Angel to the list...Shokran!!! Isn't Captain Ewok the admin?? I sent him a message but have not heard anything yet.

Support tally: 52

1. Kiya

2. Rhouni

3. Denali_1963

4. Morocco4ever

5. LebaneseBride

6. Dixie_Peach

7. Dawnnhatem

8. Tom&tata

9. Maryandatif

10. Noura

11. Mawelvan

12. Kml_36

13. Myfellah

14. Jenn3539

15. Meriem_setif

16. Chiquita

17. Portsaid

18. Wife_of_Mahmoud

19. Carshel

20. Wmoonshine69

21. Mianishqsrose

22. pax

23. pri

24. karen_2705

25. oly

26. farah2005

27. bornot2b

28. kerwin

29. tnh9479

30. stacato

31. Omid

32. matt_stevens

33. ajmc

34. pbgirl

35. JanaknJanet

36. ramlirobin

37. libragodess

38. joej

39. prena

40. Jme3584

41. Amerylu

42. lamaestra

43. lis_cindy

44. kader

45. shonjaved

46. Bismillahir-Rhamaner-Rahim

47. Maghreb

48. anxious

49. jennieh

50. fatimah

51. kimjoshian

52. angelk96

_______________________________________

If you support pinning this issue...please say so by posting in this topic. Without forum support the issue will never get pinned. Shokran.

~Kiya~

[AngelK96 0]

hmm he is the one i msged and he answered me back rather quickly, but it should be already pinned here in this forum. Maybe we all need to email him ??

[Fuzzness 2]

I support this getting pinned. count me in.

[icycajun 0]

Ok Kiya - I'm using my first post in this site to get your topic pinned. I have been following these 221g threads and find this topic to be of serious concern.

Steph

[~kiyah~ 14]

Updating the tally...Shokran!!!! Still no word from admin...I'll follow up in the morning.

Support tally: 54

1. Kiya

2. Rhouni

3. Denali_1963

4. Morocco4ever

5. LebaneseBride

6. Dixie_Peach

7. Dawnnhatem

8. Tom&tata

9. Maryandatif

10. Noura

11. Mawelvan

12. Kml_36

13. Myfellah

14. Jenn3539

15. Meriem_setif

16. Chiquita

17. Portsaid

18. Wife_of_Mahmoud

19. Carshel

20. Wmoonshine69

21. Mianishqsrose

22. pax

23. pri

24. karen_2705

25. oly

26. farah2005

27. bornot2b

28. kerwin

29. tnh9479

30. stacato

31. Omid

32. matt_stevens

33. ajmc

34. pbgirl

35. JanaknJanet

36. ramlirobin

37. libragodess

38. joej

39. prena

40. Jme3584

41. Amerylu

42. lamaestra

43. lis_cindy

44. kader

45. shonjaved

46. Bismillahir-Rhamaner-Rahim

47. Maghreb

48. anxious

49. jennieh

50. fatimah

51. kimjoshian

52. angelk96

53. Fuzzness

54. icycajun

_______________________________________

If you support pinning this issue...please say so by posting in this topic. Without forum support the issue will never get pinned. Shokran.

~Kiya~