denied visa now trying to appeal

[butterflies0124 8]

Now I have a question: our K-1 approval date was 4/30, does that mean the petition expires in 2 days, aka 8/30? Where can I find out if it was ever extended?

[NigeriaorBust 4,087]

If the result of your interview was denial and not AP then it will not be extended. AP means it is still in decision and the embassy will keep it open until the decision is made.

[butterflies0124 8]

If the result of your interview was denial and not AP then it will not be extended. AP means it is still in decision and the embassy will keep it open until the decision is made.

Although we were never told we were denied, we received a Refusal Worksheet the day of the interview, under 221g, but our case status on CEAC says Administrative Processing.

[NigeriaorBust 4,087]

The worksheet is used any time the visa isn't "issued" at the interview. If it is AP, ( incomplete background checks most likely ) then it is still active until the checks are done.

[butterflies0124 8]

The worksheet is used any time the visa isn't "issued" at the interview. If it is AP, ( incomplete background checks most likely ) then it is still active until the checks are done.

Letter sates: we are unable to continue processing your case. Your visa application has been refused under INA 221 (g)... based on indications the petition contains inaccurate information, we are returning it to CIS of DHS for review and possible revocation.

[acabrera7186 10]

Letter sates: we are unable to continue processing your case. Your visa application has been refused under INA 221 (g)... based on indications the petition contains inaccurate information, we are returning it to CIS of DHS for review and possible revocation.

mine too and its still under ap

[butterflies0124 8]

mine too and its still under ap

me too, and that's why it is confusing. is it denied or is it AP?

[DRbound 38]

Thats a bummer! I remember we filed around the same time! Can you fill out your timeline and write a review of your embassy experience? It may help me not to say something i shouldn't lol.

[dwheels76 5,468]

me too, and that's why it is confusing. is it denied or is it AP?

It's really just in the wording. Consular/embassies do not "Deny" anything. We always say that. They "Refuse" to issue you a Visa. Only USCIS can Deny. If that is the wording they are getting ready to send your petition off to USCIS where as stated it will expire if it hasn't already in 2 days as you say.

AP is what it says "Administrative Processing" They are finishing up their report to add on to your petition.

Since they think you are family. I would imagine what cousins sister- brother you need to be sure to have DNA/Bloodtest test something to refute so when or if you reapply you have evidence. Getting married will not fix a "we think you are related". Did they actually say that or is that something you think. What did they say at interview?

Most definitely get a lawyer.

[christeen 966]

You will need to either marry and file I130 or refile K1... Either way, in your new package you need to address whatever issues caused the first refusal..

[verysadguy 170]

Your petition will be left to expire and that'll be the end of it. You can reapply or get married and pursue a spousal visa.

Harpa is correct. Reapply with better evidence. You must have really screwed up though. It is pretty hard to not have the right info for a 90 day K-1.

Did you have an RFE even before the interview? There must have been a red flag or two or completely missing information that you didn't reply to.

If you can't conjure up the evidence then yes, get a real marriage and go for a spousal visa.

[dwheels76 5,468]

Harpa is correct. Reapply with better evidence. You must have really screwed up though. It is pretty hard to not have the right info for a 90 day K-1.

Did you have an RFE even before the interview? There must have been a red flag or two or completely missing information that you didn't reply to.

If you can't conjure up the evidence then yes, get a real marriage and go for a spousal visa.

The embassy thinks they are related. Is reason for denial.

[sigudep81 4]

Although we were never told we were denied, we received a Refusal Worksheet the day of the interview, under 221g, but our case status on CEAC says Administrative Processing.

You may want to check out the article from the Department of State regarding Visa Denials ( http://travel.state.gov/visa/frvi/denials/denials_1361.html ). reading your post, you indicated receiving a notice with the reason 221 (g), which means you package is incomplete or missing supporting documentation. as matter of fact the resolution is explained as follows:

"Is there something I can do about 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"

[Ebunoluwa 6,136]

http://www.visajourney.com/forums/topic/511950-section-221g-complete-admin-process-cases-sent-back-to-uscis/

This applies to spousal visas not K1's. K1's will be purposely put on the track for expiration. Period.

Re apply or marry and file a CR1 and address the 'relatives' issue appropriately.

The burden of proof will be on you. Get creative with the evidence. Those are your only options.

It can't be that difficult to proof that you aren't related.

[Ebunoluwa 6,136]

You may want to check out the article from the Department of State regarding Visa Denials ( http://travel.state.gov/visa/frvi/denials/denials_1361.html ). reading your post, you indicated receiving a notice with the reason 221 (g), which means you package is incomplete or missing supporting documentation. as matter of fact the resolution is explained as follows:

"Is there something I can do about 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"

Denial was not about missing documents, the refusal was due to CO's assumption that they are related.

The general blah blah on the paper does not apply in this case.

OP, the only snowbal'ls chance in hell is for you to contact a senator/representative immediately and let him request a second interview

for you and reasuring the consulate that you have evidence to bring that you are indeed not related, consult an immigration attorney

well versed in returns at your consulate, get his consult and input on how best to attain such evidence.

Make that happen or start over. Appeals are very costly, take forever and will likely not work in this case.

Good luck !