No Reason Denial. URGENT HELP.

[kehills 217]

well don't you think it is messed up?

I mean it is the same as if somebody was sent to jail and woulnd't be told a reason and would be told - You stay in jail while we review your file, and it will take 120 days....

stupid...

Being jailed without cause is illegal. Not getting your way with immigration is not illegal.

You don't seem to want to listen or hear the fact that there is something wrong with your petition. Most people, even those from high-fraud countries, do alright getting approved. It's understandable that your fiancée was upset and crying, but not thinking about it, not going over everything said, all of those things you're offering as excuse to Harpa for not giving precise information, are not going to make your process any easier.

This entire process is about precise, detailed information.

[Beautifulday 16]

I kind of do agree with Harpa about how your fiance telling them how much she loves and trusts you was strange. i am not trying to insult you or your fiance here at all, but i do think that the CO might of found that weird and suspicious. I mean, he wasn't even asking bout that, he asked about something else and she answered and then added up the parts about loving you and trusting you, and not just once but a few times. However I do not think that was the main reason she got denied. It's hard to tell and all we can do is assume or guess but the best guess would be the part about your families, yeah..

[d3adc0d3 186]

I can only imagine how much a denial at the embassy point is heartbreaking, but this is not an "end all".

You should at some point get information regarding your denial. With no details as to what happened, or what may have caused them to deny your petition, none of us can help you remedy the issue or even offer any particularly useful advice.

You're free to take people's advice, or to ignore it. But I would suggest that you do try, not to bite the hand that feeds. Lashing out at VJ'ers who are only trying to help you is not the best way to deal with your situation, and they most definitely do not deserve it. You're not angry at them, and they didn't deny your visa.

The Consulates always have a legitimate reason for denying a K1 visa at the point of the interview. It takes more paperwork for them to deny than approve, so they don't make that decision lightly. Not knowing what that reason is, does not make it any less legitimate. Your only way to battle this is through knowledge. VisaJourney and the users who have been through this process are a goldmine of valuable insight and information. I would listen to what others are telling you.

Something happened in that interview that caused them to deny the K1, obviously your papers and evidence was more than enough to have gotten that far. You may have gotten a 221g, which is a temporary denial because you need to provide more paperwork (I got a 221g and now we have our visa in hand, a couple months later). They may send your case back to USCIS to be re-affirmed, and you'll have a second interview if it's reaffirmed. You may be able to appeal, or you could just say "screw it" and go there to get married, and file for a CR1. If you do that, though, I would wait a period to ensure that USCIS will not re-affirm your case, as it can get confusing, when you have a K1 on the table and a CR1 filed because you're now married.

You need to email the embassy the interview was at, ask for a reason for the denial so you know what are your next steps. Inform them that your fiance is inconsolable, and you're unable to get the information from her, at the moment.

Good luck.

[Maxzim 37]

I can only imagine how much a denial at the embassy point is heartbreaking, but this is not an "end all".

You should at some point get information regarding your denial. With no details as to what happened, or what may have caused them to deny your petition, none of us can help you remedy the issue or even offer any particularly useful advice.

You're free to take people's advice, or to ignore it. But I would suggest that you do try, not to bite the hand that feeds. Lashing out at VJ'ers who are only trying to help you is not the best way to deal with your situation, and they most definitely do not deserve it. You're not angry at them, and they didn't deny your visa.

The Consulates always have a legitimate reason for denying a K1 visa at the point of the interview. It takes more paperwork for them to deny than approve, so they don't make that decision lightly. Not knowing what that reason is, does not make it any less legitimate. Your only way to battle this is through knowledge. VisaJourney and the users who have been through this process are a goldmine of valuable insight and information. I would listen to what others are telling you.

Something happened in that interview that caused them to deny the K1, obviously your papers and evidence was more than enough to have gotten that far. You may have gotten a 221g, which is a temporary denial because you need to provide more paperwork (I got a 221g and now we have our visa in hand, a couple months later). They may send your case back to USCIS to be re-affirmed, and you'll have a second interview if it's reaffirmed. You may be able to appeal, or you could just say "screw it" and go there to get married, and file for a CR1. If you do that, though, I would wait a period to ensure that USCIS will not re-affirm your case, as it can get confusing, when you have a K1 on the table and a CR1 filed because you're now married.

You need to email the embassy the interview was at, ask for a reason for the denial so you know what are your next steps. Inform them that your fiance is inconsolable, and you're unable to get the information from her, at the moment.

Good luck.

Thanks!

Once again, i appologize if I seemed angry at anybody. I am disspointed and sad, but i don't want to take my saddness on member taht are sharing their opinions and trying to help.

I decided to go with CR-1 as wedding planning and my arrival is distracting my fiancee very well from being a heartbroken and feeling guilty that she ruined everything. It was mentioned in this topic that I can attach a paper when i send docs in for CR1 to cancel my K-1 petition. I think I will do that unless USCIS reviews my file before end of september, which is when my marriage registration is. Wedding is on October 18th.

Basically I think to learn the reason and get prepared better for CR-1 interview. Eventhough I am not sure how to better prepare than tell the truth that you love your loved one. How are you supposed to prove your relationship? I understand that too much hurts but still. I don't think it was too much considering such strong and uncommon feelings we have for one another. i don't know.

Ps, Here is what US Embassy replied:

Dear Sir/Madam,

In response to your letter please note that all Visa applications are adjudicated in accordance with criteria specified in the Immigration and Nationality Act (INA). We reviewed our records and confirmed that the applicant was refused an immigrant visa under Section 221(g) of the INA. Section 221(g) of the Immigration and Nationality Act (INA) prohibits a consular officer from issuing a visa to an alien if the consular officer has reason to believe that the alien is ineligible.

The petition will be returned to USCIS. Please send all inquiries and correspondence to USCIS and reference your original petition number. If the petition will expire by the time USCIS receives it, USCIS will not reopen the case. You may contact the USCIS national customer service center at 1-800-375-5283 for information about returned petitions.

The applicant or petitioner may direct all future inquiries to USCIS. Once we return the case, the file will no longer be retained at this consular section and we will be unable to take further action until USCIS has reviewed the case.

Best Regards

Consular Section

[d3adc0d3 186]

A 221g is a temporary denial, it means your fiance needs to provide more paperwork, or they're sending your case back to USCIS to be re-affirmed.
http://www.***removed***/visas/221grefusal/administrative-processing-221g.html

http://blogs.usembassy.gov/philippines/received-a-221g-letter-go-online-to-check-your-case-status/

The 221g is typically issued if, for example, the medical exam results expired, or she didn't pass it and needs treatment. It states they're sending it to be re-affirmed, so I would wait on that wedding and CR1. USCIS will re-affirm a case fairly quickly. Give it about 3 months. You may just end up with a second interview and an approval.

Good luck.

Edited August 27, 2014 by d3adc0d3

[d3adc0d3 186]

A 221g is a temporary denial, it means your fiance needs to provide more paperwork, or they're sending your case back to USCIS to be re-affirmed.

http://www.***removed***/visas/221grefusal/administrative-processing-221g.html

http://blogs.usembassy.gov/philippines/received-a-221g-letter-go-online-to-check-your-case-status/

The 221g is typically issued if, for example, the medical exam results expired, or she didn't pass it and needs treatment. It states they're sending it to be re-affirmed, so I would wait on that wedding and CR1. USCIS will re-affirm a case fairly quickly. Give it about 3 months. You may just end up with a second interview and an approval.

Good luck.

I tried to edit this, but it wouldn't let me by the time I tried to submit... to elaborate more:

221(g):

The document issued by the Department of State under Section 221(g) of the Immigration and Nationality Act (INA) is for the most part used for requesting additional information from the beneficiary such as missing documents, additional evidence, or advising them of not being able to issue their visa due to pending name/security checks i.e. Administrative Processing However, Section 221(g) is also used by the Department of State when returning petitions/applications to the USCIS for further review ultimately recommending revocation.

Why are Petitions/Applications Returned to the USCIS by an Embassy/Consulate Under Section 221(g)?

Petitions/applications are returned for a variety of case specific reasons. Returning a petition/application to the USCIS means that the embassy/consulate refuses to issue a visa to the beneficiary, but they do not have specific evidence to actually deny a visa application. So the next best thing to do is return the petition/application to the USCIS office where the petition was originally filed requesting further review and ultimately recommending revocation.

What Happens When a Petition/Application is Returned to the USCIS by an Embassy/Consulate?

• 221(g) is issued to beneficiary at conclusion of the interview stating the application and/or petition is being returned to the United States.

• Petition is returned to the United States by the interviewing consulate for "further review"

• Returned petition is received by the NVC. It is reviewed and entered into the fraud database by fraud management.

• Returned petition is sent to the local USCIS service center where the petition was originally filed and approved.

• Local service center receives returned petition.

• Local service center who processed the original petition sends a notice of receipt to the petitioner.

• Local service center reviews the returned petition and consular officer notes on the case.

• Local service center then sends either a NOID (Notice of Intent to Deny) or NOIR (Notice of Intent to Revoke) to the petitioner also asking for more proof of the relationship, many cases have specific consular objections to rebut.

• Petitioner is given 30-60 days from date of NOIR/NOID (depending on the service center) to respond with additional evidence of the relationship or other specific evidence. The timeframe to respond will be provided in the letter.

• Local service center receives evidence...if in the timeframe given (30-60 days) the case is reviewed and either original approval is reaffirmed or the petition is officially denied.

• If the petition is denied the local service center sends the petitioner an 'official' denial letter. This can be officially appealed if the denial letter states such.

• If the petition is reaffirmed the local service center sends the petitioner an official notice of reaffirmation.

• Local service center sends the reaffirmed petition AND its evidence provided in the rebuttal directly to the consulate along with a recommendation to issue a visa.

• Consulate notifies the beneficiary of a new interview date.

• Beneficiary has interview for the reaffirmed petition and the visa is either issued, or the case in placed in Administrative Processing which after cleared a visa is issued, or worst case scenario it is denied via Section 221(g) and returned again to the USCIS with a recommendation for revocation.

[d3adc0d3 186]

Also if you do go back to the embassy for your second interview for the K1 (if USCIS re-affirms your petition), I would recommend being there for it. The Petitioner's presence often makes a huge impact. Good Luck!

[belinda63 3,038]

K-1s that are returned to the US are simply allowed to expire. They are rarely if ever reviewed.

[Maxzim 37]

A 221g is a temporary denial, it means your fiance needs to provide more paperwork, or they're sending your case back to USCIS to be re-affirmed.

http://www.***removed***/visas/221grefusal/administrative-processing-221g.html

http://blogs.usembassy.gov/philippines/received-a-221g-letter-go-online-to-check-your-case-status/

The 221g is typically issued if, for example, the medical exam results expired, or she didn't pass it and needs treatment. It states they're sending it to be re-affirmed, so I would wait on that wedding and CR1. USCIS will re-affirm a case fairly quickly. Give it about 3 months. You may just end up with a second interview and an approval.

Good luck.

Thank you for all the info and suggestions.

The only problem with that is that on paper it is not marked as 221G. It is marked under Other.

belinda63, where are you getting this info from?

Edited August 27, 2014 by Maxzim

[Maxzim 37]

Harpa Timsah, what are your thoughts on receiving a paper with "Other" marked and when i reach out the embassy, they say record shows 221g?

[Harpa Timsah 13,258]

I've already said I am done trying to help. Get a lawyer.

[Maxzim 37]

Wow:(

Thanks for the help you provided already...

[Jon York 156]

She already graduated and got her diploma with excelence. Not an option.

Not sure about Other. I know 221g is usually when docs are needed.

I don't know if you've seen this page or not but these are all the grounds for denial under 221g. I would suggest going through it with a fine tooth comb and see if you can find anything that looks like it may relate to you all. Although in reading what you've said so far I can't find anything that looks close. But you would know better than I!

Here is the list of 221(g) grounds for denial.

(1) Health-related grounds.

(2) Criminal and related grounds.

(3) Security and related grounds.

(4) Public charge.

(5) Labor certification and qualifications for certain immigrants.

(6) Illegal entrants and immigration violators.

(7) Documentation requirements.

(8) Ineligible for citizenship.

(A) In general.-Any immigrant who is permanently ineligible to citizenship is inadmissible.

(B) Draft evaders.

(9) ALIENS PREVIOUSLY REMOVED.

(10) MISCELLANEOUS. -

(A) Practicing polygamists.

(B) Guardian required to accompany helpless alien.

© International child abduction.

(D) UNLAWFUL VOTERS

(E) Former citizens who renounced citizenship to avoid taxation.

One of the most benign reasons on this list could be that her passport isn't valid for more than 6 months from now. I can't see any reason why they wouldn't tell you that - but that is one of the reasons on the list. So go through the list with a fine tooth comb and see if you can figure out which of this reasons it could have been.

http://travel.state.gov/content/visas/english/general/ineligibilities.html#visa

[Jon York 156]

I kind of do agree with Harpa about how your fiance telling them how much she loves and trusts you was strange. i am not trying to insult you or your fiance here at all, but i do think that the CO might of found that weird and suspicious. I mean, he wasn't even asking bout that, he asked about something else and she answered and then added up the parts about loving you and trusting you, and not just once but a few times. However I do not think that was the main reason she got denied. It's hard to tell and all we can do is assume or guess but the best guess would be the part about your families, yeah..

I don't think they would deny somebody simply because they went on a bit about how much they loved the person. From reading Maxzim's detailed description of the interview, it seems to me that maybe they had already made up their mind before they questioned her. They made her wait for 4 hours while tons of other people went through. She was the last one they called up and his face went from smiley to serious when she got there. Sounds like he already knew he was going to have to deliver bad news to her.

Edited August 30, 2014 by Jon York

[Maxzim 37]

Jon York, Thanks for the resource about denials. Unfortunately i cannot think of any of those reason that may match our case:(

And it did seem like decision had been made prior interview and even the fact that she wasn't on the scheduled list for the interview was weird as well:(

Edited September 2, 2014 by Maxzim