Called for update on stuck 'Ready, case open' status

[xchaos777 0]

Hi,

Finally, I got more from the IV line than 'it's processing sir'. She read through the file, with a few 'hmmm's' tossed in, and finally said that the CO was 'inclined to approve the visa' and it is in processing still. She says the 'system' has to allow them to issue the visa which hasn't happened but that there is no more required documentation, etc. If it was to be stuck in the system, a CO needs to review and determine why to clear it for issuing.

I asked if we can request an inquiry and she advised against it as she see's others are taking this long as well at the moment. She said that an inquiry might even delay it further as it could go out of the current order pending the review. She advised waiting through next week and see if it gets clear.

She could not say why it was in this situation and I *think* she wasn't suppose to say it was basically approved pending processing...but she understood that it was taking longer than normal from her reaction.

CEAC status:

Interview - Jan 30th

AP - Feb 5th

Ready for interview - Mar 15th

Ready open case - Mar 28th (now nonimmigrant change and new case open date the same)

Last status update - Apr 8th

Since then, no change. Really hoping it starts to get some updates after the holidays this week.

Patience is a virtue that is quickly escaping me!

[andieapril 1]

hi xchaos,

hang in there, i feel your pain. no movement on my case either. it's depressing, frustrating, and nerve-wracking, esp. i've seen some folks dismiss it and tell me i'm just too impatient. i resolved to call the embassy after holy week holidays (things move slower in any office right before holidays, i suspect USEM personnel are not immune to that). after 2 more weeks, i plan to ask our lawyer in the US if he can make any inquiries about the long wait.

did you have denied visa before the K1?

[xchaos777 0]

She was turned around last summer at a POE and had her multi-year visa cancelled. So not a denial, but a refused entry and cancelled visa. It should not have any impact on the K1, however the CO certainly used that to cause delay. She realized in the interview that the CO was aggressive about that point so quieted down as she was not going to be allowed to explain the situation. We were requested a non-existing document which was identified in the interview as non-existent...yet put us in 221g for not having it. W2,s are not provided to the IRS by foreign, overseas, employers...and the CO had just gone through the packet about where we were and what I was doing there for that year...yet a W2 is required.

I *think* we are past that now...and we are just waiting for the 'issued'.

I've been following your thread. Yes, we must keep our fingers crossed and hope this gets resolved in a timely manner. Stay strong.

[andieapril 1]

Good luck, too, am trying to keep distracted over this holiday weekend.

I had an H1 renewal that was denied last year for undisclosed reason/s. So it looks like they do extra steps for folks with previous history of something related to denial/refused entry.

The CO did ask me why my H1 renewal was denied, and I told him what I knew, which was no reason was given. Our US lawyer said this H1 refusal should not having bearing on my K1 case, but apparently it does even a llttle bit.

Hope some good news comes out for both our cases before end of the month

[Greenbaum 12,259]

Any previous "problems" with visa's or non-approved applications will always get and "extra set of eyes"

Keep in mind any outside "agitators" (congressmen, lawyers, etc.) can sometimes backfire on the process and may not speed up the process. This is the time to have MORE patience. Having someone on the phone tell you as much as they did about your case is remarkable. Usually they don't volunteer that much information.

Good luck and God's speed.

[xchaos777 0]

Yes, I've had hit or miss luck on the phone line to get any information. It really depends on who you get on. I call weekly.

I always have a reason to call developed in my mind before I dial...so I have something to get a discussion on other than 'what is the status'. Next week that pending question is about the concern of her medical expiring. Last week I asked about the process to get her passport back while waiting so that we could process other tourist visa to EU for a family trip I am taking, etc. Once you get a dialog going you can try to pull the sympathy card a bit.

[edp333 9]

She was turned around last summer at a POE and had her multi-year visa cancelled. So not a denial, but a refused entry and cancelled visa. It should not have any impact on the K1, however the CO certainly used that to cause delay. She realized in the interview that the CO was aggressive about that point so quieted down as she was not going to be allowed to explain the situation. We were requested a non-existing document which was identified in the interview as non-existent...yet put us in 221g for not having it. W2,s are not provided to the IRS by foreign, overseas, employers...and the CO had just gone through the packet about where we were and what I was doing there for that year...yet a W2 is required.

I *think* we are past that now...and we are just waiting for the 'issued'.

I've been following your thread. Yes, we must keep our fingers crossed and hope this gets resolved in a timely manner. Stay strong.

Being in AR/AP is hard. We were delayed 13 weeks during the document verification process fiasco.

Just for clarification, a 221g means your petition was denied and sent back to the US. You probably received a MNL-IV-22 stating you may get a 221g if you do not supply the requirements.

[Hank_ 9,174]

Being in AR/AP is hard. We were delayed 13 weeks during the document verification process fiasco.

Just for clarification, a 221g means your petition was denied and sent back to the US. You probably received a MNL-IV-22 stating you may get a 221g if you do not supply the requirements.

That is not exactly true, After the interview if documentation/information is missing, the person is asked to provide this information/document to the embassy... now if that person does not provide that information in a reasonable time frame THEN the visa be denied. The embassy does issue a 221g at the end of the interview requesting this information.

http://manila.usembassy.gov/wwwhni27.html

"If you were given a sheet of paper called a 221(g) letter by the consular officer at the conclusion of your interview, please follow the instructions below: "

http://manila.usembassy.gov/after-the-interview.html

"Refusal

During the visa interview, the consular officer determines if additional documents are required to help establish your eligibility for visa issuance. Though additional documents are not statutorily required, applicants should submit secondary documents to help establish their qualifications. When you are asked to provide additional information or supporting documents, your application is generally refused under Section 221(g) of the Immigration and Nationality Act. A consular sheet is given to you after the interview indicating the additional documentation you should provide and the procedure for submitting them to the Embassy. "

http://travel.state.gov/content/visas/english/general/denials.html

A visa denial under section 221(g) of the INA means that the consular officer did not have all of the information required to determine if you are eligible to receive a visa. This means you are not eligible for the visa now, but your case is pending further action for one of the following reasons:

• Your application is incomplete and/or further documentation is required - Applicants whose application forms or other documentation are incomplete are refused. If further documents are required to complete your case, you will be informed what is needed and how to provide it to the embassy or consulate. You will also be given a letter stating your application has been denied under 221(g) and listing which documents you need to provide.
• Administrative processing - Further administrative processing of your application is required before a decision can be made regarding your eligibility for a visa. You will be given a letter stating this and next-step instructions after the administrative processing is complete.

A refusal under section 221(g)?

If your application was denied because documentation or information is missing, you can provide the missing documents or information as soon as possible. After submitting the documentation, your visa application can then be processed to conclusion to determine whether you qualify for a visa. You have one year from the date you were refused a visa to submit the additional information. Otherwise, if you do not provide the required additional information within one year, you must reapply for the visa and pay another application fee.

If your application requires further administrative processing, this takes additional time after your interview. Processing times can vary based on individual circumstances. For more information, review Administrative Processing.

[xchaos777 0]

Yes, it was a 221g pending additional documentation. My understanding it is technically a temporary refusal and gave us a 1 year timeframe to submit the documents or it would be refused and returned.

We submitted via email the next day and physical documents through 2Go the next week. It stayed in AP (through with status updates on occasion) for about a month, then 'Ready, for interview', then 'Ready, case open'. We are still in this last status now since Mar. 28th, with last status update on Apr. 8th.

Interestingly, the status update does not now change when I call in now. It did before in both AP and 'Ready, for interview', but not in the 'Ready, case open' status. I know the case is being 'touched' when I call in, and on the last call she said she was noting that I had called in for an update into the case.

[edp333 9]

Hank,

After reading your links and the US Embassy website, I still hold to my statement. Invoking a temporary denial under INA section 221g on a MNL-IV-22 is not the same as a Notice of Termination of Registration.

[Hank_ 9,174]

Just pointing out what the embassy states... they issue a 221g letter and in that letter they note the additional documents required. No mention of a MNL-IV-22 in any of the information I found, in fact doing a search on the embassy website it give a NOTHING FOUND result for an MNL-IV-22.

I will go by the embassy information over personal opinion

[edp333 9]

How about going by the law:

(g) No visa or other documentation shall be issued to an alien if (1) it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law, (2) the application fails to comply with the provisions of this Act, or the regulations issued thereunder, or (3) the consular officer knows or has reason to believe that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law:

http://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/act.html

True a search of the USEM does not produce a MNL-IV-22, but that does not mean that this form is not used. If xchaos777 looks at the letter the form number will be at the bottom. A VJ Search of MNL-IV-22 will bring you results including a thread about difference between 221g vs MNL-IV-22.

[Hank_ 9,174]

Not sure what your posting a quote regarding "the law" has to do with anything, no one is questioning the CO's responsibility under the law, it has to do with the 221g discussion...

You are stating they don't give a 221g at the end of the interview for requesting documents, you have yet to give a link to the embassy website supporting your opinion.

I simply posted information from the embassy website, I provided links to the embassy website stating they DO give the applicant a 221g letter at the end of the interview.... period. It is not a denial, they are in essence saying - provide requested documents or it will become a denial.

Basically you are disagreeing with what the embassy states. Go argue with them.

[xchaos777 0]

This is what was given via email. No actual form or letter was handed to her:

Dear Immigrant Visa Applicant:

REF CASE: MNLXXXXXXXXXX

We are unable to complete the processing of your immigrant visa application under Section 221(g) of the Immigration and Nationality Act (INA), as amended, until you present the following documents or complete required action from your end:

From Petitioner XXXXXXXXXX

- W-2 Form(s) for year(s) for 2012

- Evidence of current sustained income

WHAT TO DO NEXT:

SUBMISSION OF REQUIRED DOCUMENT(S): Please use the 2GO courier service to return document to the Immigrant Visa Unit. Information on the procedure may be found at

http://suppplychain.2go.com.ph

. this service is free of charge.

WARNING: THE LAW REQUIRES THAT YOUR CASE BE TERMINATED IF YOU TAKE NO ACTION ON THE ABOVE REQUEST WITHIN 1 YEAR.

If you have any questions, please call Visa Information and Appointment Services at (632) 982-5555 (from the Philippines) or (215) 571-1600 (from the United States). The call center is open Mondays through Fridays, from 8:00 a.m. to 8:00 p.m. (Manila Time), except on U.S. and Philippine holidays.

Please be advised that this account is unable to receive messages. DO NOT RESPOND TO THIS E-MAIL.

For inquiries you may send an e-mail to

IVManilaReplies@state.gov

or call the IV Inquiry line at (632) 301-2000, extension 5184 or 5185 during normal business hours.

Privacy/PII

This email is UNCLASSIFIED.

[Hank_ 9,174]

Yup... the 221g letter (or in your case - email) the embassy states on their website.

What no one wants to see is a 221b or 221a