Administrative Processing - Returned to USCIS

[Amdkr 1]

Hello Friends:

Some background: My fiancee had his interview in Dakar on September 23, 2015. He was given the white sheet invoking 221(g). No request for further documentation, simply "your application requires further administrative processing, if you don't hear from us within 60 days you can contact us at X." Then there was another box checked stating that they will call him for another interview.

I was upset by this, but tried not to panic as the paper did not state that the Embassy was returning the petition to the USCIS. Well, I was wrong. I received an e-mail on the 28th stating the following:

Thank you for your email. According to our records indicate that the petition is in the process of being returned to the Department of Homeland Security Citizenship and Immigration Services (USCIS) with a recommendation that the petition be revoked (annulled) as of Sept. 23, 2015. According to protocol, a written report is sent along with the petition with the details. Unfortunately, once the petition reaches that stage, the consular section can no longer provide further information, status updates or continue receiving information on the case. Please contact USCIS National Customer Service Center at 1-800-375-5283 (1-800-767-1833 for TTY calls) to inquire about the status of your petition. When you call please specify the type of petition that was filed (I-130, I-129, I-129f, I-140, I-730, I-600). Please allow at least 6 weeks for the petition to be transferred and processed by USCIS.

Please see below the letter that was sent to the address on file:

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. Based on indications that the petition you filed contains inaccurate information, or that the beneficiary is otherwise unqualified for the requested status, we are returning it to the U.S. Citizenship and Immigration Services (CIS) for review and possible revocation. If CIS determines that the information we are providing constitutes sufficient foundation for initiating revocation proceedings, you will be sent a notice of intent to revoke that includes a statement of facts and evidence and you will have the opportunity to respond. Under INA 222(f), which addresses the confidentiality of visa records, we are unable to provide any further details.

Once, the file reaches NVC, you have an option to request that the case be reaffirmed. NVC will make that decision, if you choose to go that route. With all due respect, please do not send anymore emails to the Dakar email address, as we cannot provide additional details.

If I wasn't so upset I would laugh because the e-mail from USEM Dakar was in response to my e-mail sent A MONTH AGO trying to update a postal box number.

My questions:

1. Any thoughts as to why the USEM didn't just tell my fiancee that his file will be sent back the day of the interview? If he was found ineligible, why wasn't he given any waiver forms?

2. Will my petition just die a slow death (allowed to expire) at USCIS? If so, how will this affect a CR1 application if I just go ahead and marry my fiancee? I've read that I must respond to anything related to this K1, even if I begin a new application.

3. I need to find out why the K-1 was sent back so I can address those issues in a subsequent CR1 application. If the petition is allowed to expire, will I still be allowed to see the Consular notes, or do I have to file a FOIA?

Sigh. What a depressing mess. Thanks for reading my tale of woe.

[Adil & Jeanne 296]

As all here will tell you, when your application is sent back to USCIS, it is allowed to die the slow death. allowed to expire.

Nothing you can do as they don't review them and allow you to do RFE at this point

The first time you apply should be the ONLY time you need to apply. Do your research, see why the consulate rejected couples in the past, then avoid repeating the same mistakes. If the consulate expects a formal engagement, or multiple trips, or a long courtship... do what is needed before you submit your petition. And make sure you provide abundant and believable proof that that there is no fraud, that you are a pure, genuine, "bone fide" couple planning a future life together.

If denied, your only effective option is to start over, repeating the ENTIRE process again. You must do a better job this time. On the plus side you have more longevity in your relationship, you have more evidences, and the fact you are persisting and trying again adds to your credibility.

You could ask your Congressman to help get an explanation of why you were denied. I have seen this done, but usually with no worthwhile results. Generally the answer obtained is "they were not believed to be bone fide", full stop.

A better use of your Congressman is to contact him once your fiancee's second interview is scheduled, tell him the details of your case, explain how sincere and bone fide your relationship is, and ask for his help.

This usually results in an email from his office to the consulate a few days before the interview, advising that the Congressman is personally interested in your case, and asking the consulate to advise the results after the interview. This is not a message from the Congressman endorsing your case. But it serves to put the consular reviewing officer on notice that should the case be denied, he will be expected to report a solid, documented reason. Many cases are rejected based upon the "intuition" of the reviewing officer. The expectation that detailed written documentation will be needed in case of denial tends to influence the consulate reviewer to find a solid reason for denial, and if he is unable to do so, then to approve.

[Amdkr 1]

Thanks for the input, it's much appreciated. In hindsight, I should have done more research and added more to the file. But I can't go back in time so I have to start over, as you said.

Follow up question: Obviously I will disclose the K-1 visa application if I decide to file a CR1 petition, but if the K-1 visa petition is simply just allowed to expire, is anything negative (other than the fact that the petition was sent back to USCIS) put in the file?

[Amdkr 1]

Interesting comment about a CO's "intuition." We all know the guidance COs receive is to not readjudicate petitions on the basis that they would have personally arrived at a different conclusion than the USCIS (i.e., not approving the petition). But from what I'm reading, they seem to do this fairly frequently, more so in certain parts of the world.

I am thinking about getting an attorney the second time around to review and advise on how I should better document my petition.

[Adil & Jeanne 296]

we were denied the K 1 and went thru the entire process of CR 1

in opinion of most of us here, an attorney is waste of money

i had one for CR 1 / no help at all

i did my own appeal and won

don't worry about the K 1 showing up in packet

Just do the new application and "front load" your evidence

if you do go to marry, take with you the application for CR 1 and the new biographies.

Take photos of you and her, you and her family

they really don't look at chats but they require them

send 123 greeting cards by email / you can print out the fromt page of them ( don't do the dark colors as can't read the writing on them)

Photos, photos, photos

affidavits from family (need to know how to do one, ask me in personal message)

Good luck

[LionessDeon 2,060]

Hello Friends:

Some background: My fiancee had his interview in Dakar on September 23, 2015. He was given the white sheet invoking 221(g). No request for further documentation, simply "your application requires further administrative processing, if you don't hear from us within 60 days you can contact us at X." Then there was another box checked stating that they will call him for another interview.

I was upset by this, but tried not to panic as the paper did not state that the Embassy was returning the petition to the USCIS. Well, I was wrong. I received an e-mail on the 28th stating the following:

Thank you for your email. According to our records indicate that the petition is in the process of being returned to the Department of Homeland Security Citizenship and Immigration Services (USCIS) with a recommendation that the petition be revoked (annulled) as of Sept. 23, 2015. According to protocol, a written report is sent along with the petition with the details. Unfortunately, once the petition reaches that stage, the consular section can no longer provide further information, status updates or continue receiving information on the case. Please contact USCIS National Customer Service Center at 1-800-375-5283 (1-800-767-1833 for TTY calls) to inquire about the status of your petition. When you call please specify the type of petition that was filed (I-130, I-129, I-129f, I-140, I-730, I-600). Please allow at least 6 weeks for the petition to be transferred and processed by USCIS.

Please see below the letter that was sent to the address on file:

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. Based on indications that the petition you filed contains inaccurate information, or that the beneficiary is otherwise unqualified for the requested status, we are returning it to the U.S. Citizenship and Immigration Services (CIS) for review and possible revocation. If CIS determines that the information we are providing constitutes sufficient foundation for initiating revocation proceedings, you will be sent a notice of intent to revoke that includes a statement of facts and evidence and you will have the opportunity to respond. Under INA 222(f), which addresses the confidentiality of visa records, we are unable to provide any further details.

Once, the file reaches NVC, you have an option to request that the case be reaffirmed. NVC will make that decision, if you choose to go that route. With all due respect, please do not send anymore emails to the Dakar email address, as we cannot provide additional details.

If I wasn't so upset I would laugh because the e-mail from USEM Dakar was in response to my e-mail sent A MONTH AGO trying to update a postal box number.

My questions:

1. Any thoughts as to why the USEM didn't just tell my fiancee that his file will be sent back the day of the interview? If he was found ineligible, why wasn't he given any waiver forms?

2. Will my petition just die a slow death (allowed to expire) at USCIS? If so, how will this affect a CR1 application if I just go ahead and marry my fiancee? I've read that I must respond to anything related to this K1, even if I begin a new application.

3. I need to find out why the K-1 was sent back so I can address those issues in a subsequent CR1 application. If the petition is allowed to expire, will I still be allowed to see the Consular notes, or do I have to file a FOIA?

Sigh. What a depressing mess. Thanks for reading my tale of woe.

I don't have any experience in this area, but I did notice this sentence in their email to you. Is it possible there was a misrepresentation or false info given? Or is this just a generic answer? It might help to try to find out before refiling so that can be addressed.

Edited September 29, 2015 by LionessDeon

[Amdkr 1]

I think this may be a generic answer, as I can't think of any false information that may have been given.

If they felt there was a misrepresentation, wouldn't they have given my fiance a waiver form?

Oh and my fiance is a man (sorry, was using "fiancee by mistake).

[Amdkr 1]

Thank you, Adil & Jeanne. I will PM you about the affidavits.

Thank you, Adil & Jeanne. I will PM you about the affidavits.

[Ebunoluwa 6,136]

Sorry about the refusal and return to USCIS.

Yes, the K1 will expire and you are free to marry and file a CR1.

Co's notes will be in the file but that won't matter.

If there was a misrepresentation he would have received a 221g letter marked as such. Ask your fiance to scan the 221g letter.

What did the questions center on ? How much face time did you have, how many visits for how long ?

Did he ever apply for a tourist visa and if so did he answer all questions honestly ? They cross check the data.

Did you front load the petition ? Front load the next one.

[Amdkr 1]

Hi. The questions centered around how we communicate (methods and language) and a few questions about my divorce. We've seen each 3 times in the past year, total of more than two months.

No, he has never applied for a tourist visa. I know his brother so I'm fairly certain that would have come to light if he had. I apparently didn't front load enough. A mistake I will not repeat.

221g letter did not indicate any misrepresentation. No waiver forms were given, just the standard "your case is in AP. We will call you."

[Jawaree 718]

How much time have you spent together, did you send ongoing relationship proofs,

pictures with ohers included boarding pass etc...also could he answer all questions

about your past marriage ..dates & so forth,now you should think about a spousal visa

an get your congressperson involved

[Amdkr 1]

Yes, he answered all the questions. He even knew the exact date of my divorce.

I contacted my congressman right away and his office responded promptly and are trying to help. I even went to the embassy and spoke with the actual CO that interviewed my fiance. The look on his face....Of course he couldn't tell me much, and I won't share my impression of him as this is a public forum, but let's just say he wasn't empathetic.