I got this 221G eight months ago from lagos

[tomyka81 95]

I have just started going through this right now. You should ask your wife whether she misrepresented something on a previous application or at the interview or gave the appearance that she misrepresented. Sending a petition for revocation is a huge things for a consular officer to do. Effectively once the consular officer does that, it means they are telling DHS that DHS missed something during its review of the case. DHS has access to all filed information so the consular officer probably feels like your wife misrepresented something. Ask your wife to go over everything that happened in great detail. Whether the officer was interrupted by another officer, what questions she was asked, everything. Did she show pictures and explain them. The presumption is that once DHS approves the petiton, that the consular should also approve it unless he or she finds or discovers something. At that point, the consular officer must send back with a recommendation for revocation. Just go over everything and research, research , research the process on the DOS website, read the FAM, read the DHS adjudicators field manual every piece of material you can to get better educated because once you start talking and explaining to the offivers over the phone and have evidences ready to back up your claims, it works much better. I can say that the people at NVC and USCIS have been so responsive and helpful, even giving things the "college try" once I started explaining everyhing. Not making mere allegations but explaining with dates and procedures. Good luck and stay encouraged. Staying encouraged is the most difficult part of it all.

Oh yeah, depending on what it was, you wife should have been afforded an approval pending a waiver. She must have been found inadmissible in some regard.

[tomyka81 95]

oh yeah, I forgot to add, that by procedure, the USCIS has to contact you within 120 days after you email the lockbox with an inquiry. If they do not contact you within that time period that you an elevate. But to contact the lockbox, you have to speak with a customer service person who will annotate your file.

This was what the very nice gentleman told me today.

Edited September 24, 2015 by tomyka81

[Ebunoluwa 6,136]

I have just started going through this right now. You should ask your wife whether she misrepresented something on a previous application or at the interview or gave the appearance that she misrepresented. Sending a petition for revocation is a huge things for a consular officer to do. Effectively once the consular officer does that, it means they are telling DHS that DHS missed something during its review of the case. DHS has access to all filed information so the consular officer probably feels like your wife misrepresented something. Ask your wife to go over everything that happened in great detail. Whether the officer was interrupted by another officer, what questions she was asked, everything. Did she show pictures and explain them. The presumption is that once DHS approves the petiton, that the consular should also approve it unless he or she finds or discovers something. At that point, the consular officer must send back with a recommendation for revocation. Just go over everything and research, research , research the process on the DOS website, read the FAM, read the DHS adjudicators field manual every piece of material you can to get better educated because once you start talking and explaining to the offivers over the phone and have evidences ready to back up your claims, it works much better. I can say that the people at NVC and USCIS have been so responsive and helpful, even giving things the "college try" once I started explaining everyhing. Not making mere allegations but explaining with dates and procedures. Good luck and stay encouraged. Staying encouraged is the most difficult part of it all.

Oh yeah, depending on what it was, you wife should have been afforded an approval pending a waiver. She must have been found inadmissible in some regard.

It is clear from what OP posted that the recommendation for revocation is based on a discretionary finding that the relationship is not

bona fide. This happens all the time with high fraud countries and is not that big of a deal nor a huge thing for the CO to do.

Nothing in this topic points to a misrepresentation or even hints at a waiver.

Your case does and this case does not.

The ideal that CO's should also approve the visa just because USCIS approved the petition is theoretically correct as they are not

to re adjudicate an approved petition UNLESS THEY HAVE FACTUAL EVIDENCE AND GOOD CAUSE, fact is they often do return petitions because

they just "believe" assume and speculate the relationship in not bona fide without a shred of facts. In OP's case they weren't prepared

with sufficient evidence and had no phone logs that prove daily communication. One does not get approved in Lagos being unprepared.

USCIS will take a look at it, review the requested items in the NOID/NOIR letter, approve again and send it right back to the embassy with

recommendation to approve and issue the visa.

DOS and USCIS can play this return game several times until one cries Uncle but in most cases the CO will then approve that second time

it was send to them.

Only CR/IR's receive this second chance with a NOID/NOIR request and K1's simply expire and that's the end of the road for that case and they

can then re file.

Edited September 25, 2015 by Ebunoluwa

[Ebunoluwa 6,136]

oh yeah, I forgot to add, that by procedure, the USCIS has to contact you within 120 days after you email the lockbox with an inquiry. If they do not contact you within that time period that you an elevate. But to contact the lockbox, you have to speak with a customer service person who will annotate your file.

This was what the very nice gentleman told me today.

Service requests are answered within 30 days unless you are talking about something different.

Take answers from USCIS and NVC with a grain of salt. We don't call them the misinformation line for nothing.

If I had a dime for every time they say complete nonsense and that goes for not only the contractors who answer the phone

reading from a scripted page or just plain guess, it goes for tier 2 IO's also. They are simply not always correct and their qouted

paragraphs are out of context to what is really going on.

[tomyka81 95]

The ideal that CO's should also approve the visa just because USCIS approved the petition is theoretically correct as they are not

to re adjudicate an approved petition UNLESS THEY HAVE FACTUAL EVIDENCE AND GOOD CAUSE, fact is they often do return petitions because

they just "believe" assume and speculate the relationship in not bona fide without a shred of facts.

Exactly.... recommendation for revocation is telling USCIS to re adjudicate, so on the cover sheet for it to stick, the CO puts the factual evidence and the code to revoke it. i don't think that lack of phone records by itself was enough to recommend a revocation. but who am I so?

But what I can say is that the OP needs to stay on top of the revocation process. Unfortunately if the petition is revoked, even a "bonafide relationship" reason automatically becomes a material fact upon revocation. then the next time the beneficiary comes to interview and if the interview is successful, the beneficiary is hit with a waiver.

[NigeriaorBust 4,087]

You have been reading too many older posts. K1 are now expired to prevent the fraud marker.

[Ebunoluwa 6,136]

The ideal that CO's should also approve the visa just because USCIS approved the petition is theoretically correct as they are not

to re adjudicate an approved petition UNLESS THEY HAVE FACTUAL EVIDENCE AND GOOD CAUSE, fact is they often do return petitions because

they just "believe" assume and speculate the relationship in not bona fide without a shred of facts.

Exactly.... recommendation for revocation is telling USCIS to re adjudicate, so on the cover sheet for it to stick, the CO puts the factual evidence and the code to revoke it. i don't think that lack of phone records by itself was enough to recommend a revocation. but who am I so?

But what I can say is that the OP needs to stay on top of the revocation process. Unfortunately if the petition is revoked, even a "bonafide relationship" reason automatically becomes a material fact upon revocation. then the next time the beneficiary comes to interview and if the interview is successful, the beneficiary is hit with a waiver.

Not necessarily only lack of phone records but it is one piece of the whole pie of lack of bona fide evidence.

If only one piece of a pie is missing they can and do return it with recommendation to revoke. That sounds worse than it is for non misrep

cases.

It doesn't happen too often that CR/IR's are revoked unless USCIS finds factual evidence unlike the CO's mere speculations and that they

were not convinced by an unprepared couple that was simply clueless what it takes to get approved.

K1 petitions are no longer revoked. They expire for that reason you mentioned, that they will not end up with a Pc6 hard marker but are

able to re file without prejudice. ALL K1's expire. A previous misrep will hit a K1 on a re file or a now married but CR filing.

[blessedchild 21]

Thanks to each an everyone of you out there that contributed to my post.... I appreciate it a lot. At list, am beginning to learn more wish I knew all of this before. Nevertheless, is never too late I believe and as soon as USCIS reach out to us, I will definitely return on here so you guys will put me through on how to go about it..... Thanks to ya all nonce again.

[Kofi1 3]

My husband had his interview 10/4/2014.. We have a 21 month old son. My husband was given a 221G letter and petition was sent back to USCIS 12/19/2014..USCIS received it 2/10/2015. Its 9/24/2015 and we still have not heard from USIS. The Senator involved in my case says Ghana consular believes our marriage is a sham. Dont know why USCIS approving cases if cases are just going to be returned back to USIS. To be honest me and my husband is making plans to live elsewhere.

So what has happen to ur case right now and Ghana is known for most AP's

[Monalisa22 84]

So what has happen to ur case right now and Ghana is known for most AP's

Our case is still being reviewed by USIS. They received it 2/10/2015 and still haven't heard anything. We have practically just moved on with our lives and im preparing to leave the states.

[Ebunoluwa 6,136]

You should hear something soon and I hope, if you leave the states for an extended period of time, you make arrangements to be able to receive the

NOID/NOIR letter, you have only 30 days to comply in responding to it with more evidence. I would not give up so close before the goal.

[blessedchild 21]

Our case is still being reviewed by USIS. They received it 2/10/2015 and still haven't heard anything. We have practically just moved on with our lives and im preparing to leave the states.Â

My self and my wife we are patently waiting to hear from USCIS. I hope and pray it will come soon. So, Monalisa you and ur hubby should never give up. Soon this journey will come to an end. Cheers everyone.

[Monalisa22 84]

My self and my wife we are patently waiting to hear from USCIS. I hope and pray it will come soon. So, Monalisa you and ur hubby should never give up. Soon this journey will come to an end. Cheers everyone.

We have son who is almost 2 years old. We must move on with our lives. The US government could care less out our marriages or families. So we must care for ourselves. I understand others who want to wait for the process to play out. LIfe is too short. At any time our spouse could die and we have wasted so much time apart. I'm sorry I'm done.

[Ebunoluwa 6,136]

We have son who is almost 2 years old. We must move on with our lives. The US government could care less out our marriages or families. So we must care for ourselves. I understand others who want to wait for the process to play out. LIfe is too short. At any time our spouse could die and we have wasted so much time apart. I'm sorry I'm done.

True in a sense but I hope you will not come to regret that decision because if you do then you have to start all over with a new petition.

It can be a matter of a couple of months to have this sorted out and you

waited this long so what difference does a month or two make for your son to have more opportunities growing up in the US.

Whatever path you are taking I wish you and your family the very best in life.

[Monalisa22 84]

Thank you for your advice. But the US is not heaven. As an African American where injustices happen too frequently to us I'm not sure the US is a place where we should reside. But I do wish others well in their quest for permanent residency in America. Good luck to you all.