After US Visa interview FB1

[Schneider 5]

I was interviewed at US embassy New Delhi on Sep 13 2012, I was told that visa is approved but next day they picked up my old case and they asked few more supporting documents. I submitted those documents on sep 20, 2012 at VFS Jalandhar, embassy received that on 24th sep 2012, since then I'm waiting for response. Is my case is under AP, if yes then why they did not send me any letter stating administrative processing, they kept my passport too. No investigation action has been taken yet, as I'm active around my place. Please lete know what can be the situation. How long this "killing wait" gonna kill me.

Thanks

Additional Information

Last time i was denied under section 221(g)INA. The embassy found that my marriage was only for immigration purpose. Its been 4 years to that denial now I am divorced. this time my mother(US CITIZEN)filed petition for me. After the interview they asked for my divorce decree.

[hira76 0]

It may be under ap. Wait for 60-90 days before you contact the embassy. They have to clear the ap in 90 days.

[Schneider 5]

I was interviewed at US embassy New Delhi on Sep 13 2012, I was told that visa is approved but next day they picked up my old case and they asked few more supporting documents. I submitted those documents on sep 20, 2012 at VFS Jalandhar, embassy received that on 24th sep 2012, since then I'm waiting for response. Is my case is under AP, if yes then why they did not send me any letter stating administrative processing, they kept my passport too. No investigation action has been taken yet, as I'm active around my place. Please lete know what can be the situation. How long this "killing wait" gonna kill me.

Thanks

Additional Information

Last time i was denied under section 221(g)INA. The embassy found that my marriage was only for immigration purpose. Its been 4 years to that denial now I am divorced. this time my mother(US CITIZEN)filed petition for me. After the interview they asked for my divorce decree.

[catknit 144]

It takes time when additional paperwork is requested. Some people receive their passport/visa in a week, some it's 5-6 weeks, some it's 3 months.

As to whether or not you are on AP - the easiest way to confirm that is to call DOS and inquire about your case.

I'm sure you've read here time and again that it can take forever to get a response from the embassy or VFS. You will easily get an answer by calling DOS [please note it is normal business hours for the US]. 603-334-0700 dialing 1 then 0.

Given your history with the denial and subsequent divorce, I would be curious to see if they are researching what happened that first go around...were there any comments/statements that they were investigating for fraud or misrepresentation with that file?

[jaycali 415]

Sounds like they're investigating the old case from 4 years ago. Getting married for immigration purposes is fraud, and carries a lifetime bar. I'm surprised they approved your visa in the first place.

What happened 4 years ago?

[Penguin_ie 5,993]

*** two topics on the same issue merged and two more without answers removed. Do not post more than once on an issue; if you have extra information or a follow on question, post these as a reply in the original topic ****

[Boiler 45,525]

Seems odd when you have a lifetime ban.

[catknit 144]

Sounds like they're investigating the old case from 4 years ago. Getting married for immigration purposes is fraud, and carries a lifetime bar. I'm surprised they approved your visa in the first place.

What happened 4 years ago?

That is what makes this so curious...Delhi [at least] likes to use 221g as a catch-all for "questionable relationship". What ends up being the disposition if a CR1 is sent back to USCIS, there is a reaffirmation without a NOID/NOIR [which happens] but the beneficiary drops the ball thinking they were "found out" and divorces? All signs point toward the beneficiary figuring out that the bonafides were being questioned and it looked like fraud but maybe it didn't pan out that way....

On the flip side - one would hope - that if a NOIR/NOID had been generated and ignored it would seal the fraud deal. But, does anyone know if that is true?

[Schneider 5]

Thanks everyone

Last time I was denied under section 221(g), which is not a lifetime ban in INA. This is what they said last time "Based on the findings of US Embassy you are not eligible for immigrant visa under section 221(g) INA. We are sending your petition back to USCIS, Henceforth, no further action will be taken on your case"

[DeW_DrOpS 21]

Thanks everyone

Last time I was denied under section 221(g), which is not a lifetime ban in INA. This is what they said last time "Based on the findings of US Embassy you are not eligible for immigrant visa under section 221(g) INA. We are sending your petition back to USCIS, Henceforth, no further action will be taken on your case"

Well..why were u denied last time..and why did the consulate send ur petition back to USCIS??? And that also for an Immigrant Visa..???? Have u ever applied for an Immigrant Visa before other than ur mother's petition.?If yes then what happened at that time..???? Usually Immigrant visa are not denied.....except if they find some thing wrong or misrepresentation in ur case...Immigrant visas r refused temporarily due to lack of some docs or for Administrative processing....

All can suggest u only after u give complete information abt ur case.....

Edited October 26, 2012 by krishh_gem

[Schneider 5]

Well..why were u denied last time..and why did the consulate send ur petition back to USCIS??? And that also for an Immigrant Visa..???? Have u ever applied for an Immigrant Visa before other than ur mother's petition.?If yes then what happened at that time..???? Usually Immigrant visa are not denied.....except if they find some thing wrong or misrepresentation in ur case...Immigrant visas r refused temporarily due to lack of some docs or for Administrative processing....

All can suggest u only after u give complete information abt ur case.....

I got married to US citizen in December 2006, she filed a petition, then I was interviewed at US embassy New Delhi on December 4, 2007. After the interview case went under AP, which took 6 months to finish. I received final 221(g) letter on Juy 29, 2008. The embassy found that the marriage was only for immigration purpose. You can read their words in my previous post. I did not took any action after that, [time passed], my wife remained in USA, I moved to Australia. I took official divorce from her in September 2011. But a year later another petition filed by my mother came up. This time it was F1 category(Unmarried sons/daughters of US Citizens). So what happened I was interviewed for my new case on September 13, 2012.After the interview officer said my visa is approved, and I will get it by courier in 5-6 days, then a week later they asked for my previous marriage certificate and divorce decree, I have submitted the documents along with my passport on September 20, 2012. Since then I am waiting for any response. After waiting for 2 weeks I gave them a call and they said my case is under AP, but I have not received any official 221g Administrative Notice. Usually applicants are informed if the case undergoes mandatory AP and their passports are returned.

Edited October 26, 2012 by Mr. Deol

[catknit 144]

If memory serves - K3 could expire, I think. So, if he was trying for a K3 in 2007, got denied at the embassy with the 221g due to a "hunch" about the relationship, the embassy sat on the case file until it hit the expiration date and sent it back to USCIS, that would be that.

It would be very similar to a K1 being sent back to expire - which happens with regular frequency from certain consulates.

That doesn't mean there is fraud per se. It means the CO wasn't convinced of the circumstances.

Now, if the fraud unit was involved or the statement received with the returned petition were a bit more damning [for lack of a better word] - I would think fraud was in the mix.

Again, this is just speculation as to why he wasn't hit right off the bat with - "ummm, dude, you're banned".

[Schneider 5]

If memory serves - K3 could expire, I think. So, if he was trying for a K3 in 2007, got denied at the embassy with the 221g due to a "hunch" about the relationship, the embassy sat on the case file until it hit the expiration date and sent it back to USCIS, that would be that.

It would be very similar to a K1 being sent back to expire - which happens with regular frequency from certain consulates.

That doesn't mean there is fraud per se. It means the CO wasn't convinced of the circumstances.

Now, if the fraud unit was involved or the statement received with the returned petition were a bit more damning [for lack of a better word] - I would think fraud was in the mix.

Again, this is just speculation as to why he wasn't hit right off the bat with - "ummm, dude, you're banned".

In 2007 I was denied for IR1(Spouse of US Citizen), according to my knowledge 221(g) is not a permanent ban, 212 is permanent ban.

I believe you that previous denial was lifetime ban, then why they did not deny me straight away when they opened my previous case? Why they demanded my marriage certificate and divorce decree? Why are they holding my current application, if they already have sufficient reason to refuse? Its been more than a month.

Is there any hope in this case, if no then can I get waiver for this lifetime ban

[catknit 144]

If you filed for an IR1 then after the denial more happened - your USC wife should have received either a reaffirmation or a NOID/NOIR to provide additional support for your case. Did either of these things happen?

[Schneider 5]

If you filed for an IR1 then after the denial more happened - your USC wife should have received either a reaffirmation or a NOID/NOIR to provide additional support for your case. Did either of these things happen?

The Last and final piece of paper from them was a 221(g) denial,I received that on 28th may 2008 nearly 6 months after my interview.

here are their words

"Based on the findings of US Embassy you are not eligible for immigrant visa under section 221(g)INA. We are sending your petition back to USCIS, Henceforth, no further action will be taken on your case"

No further action was taken after, they also returned all my supporting documents and visa application forms with that final 221(g) letter.