221g refusal

[pepper44 18]

okay so has anyone on here gone through a refusal and given the form at the interview with 221G code on it? I check online fir my case it says refusal, the form has the code 221G on it for the reason nothing else but the section law code in the writing.

Has anyone had this and overturned it?

[Hypnos 6,576]

Depends on the code.

[pepper44 18]

that is the code?? Or do you mean the long code at the bottom? 8 cfr 214 ?? 5

I can't make out the ?? on the letter he emailed me.

[Ebunoluwa 6,136]

The 221g is not a code but it is the form letter given, in your case, for refusal of the K1 visa.

Sometimes codes are written on it and sometimes there aren't.

No, you can not overturn the K1 visa refusal.

You were given advice here >>>> http://www.visajourney.com/forums/topic/576753-interview-today-visa-refused/ and I commented in that thread

on what you can do to try to request a second interview.

8 cfr 214 pertains to non immigrant classes.

Edited November 28, 2015 by Ebunoluwa

[pepper44 18]

Ebunoluwa

with all due respect from what I finding online 221G is the denial reason. It wasn't 214 or another type of 221 like A or B.

I also found online that you can appeal and or petition a motion against a refused I129F application - with a unit called AOO. It's $630 -

I'm not sure if it's worth it or if I will do what Darnell advised. I just wanted to see if anyone else completed a petition to have a fiancee refusal overturned before that could tell me their story.

[Ebunoluwa 6,136]

You are incorrect. A 221g is not the refusal reason, it is given when refused for various reasons, for AP and for requesting additional documents but it is not a single coded reason. Uscis will allow your petition to expire and there is nothing to appeal. You can pay a lawyer a bag full of money and find out the hard way.

[pepper44 18]

then what is this site ?? I'm just trying to find answers but what you're telling me is there is no appeal. I called this office today and they told me there is an appeal and it can be submitted.

So why would they tell me that if that is not the case? this is not a lawyers office and I will never hire a lawyer for this stuff as VJ has all the information one would need.

again I am just trying to find answers.

http://www.uscis.gov/about-us/directorates-and-program-offices/administrative-appeals-office-aao/administrative-appeals-office-aao

[Hypnos 6,576]

There is nothing to appeal. USCIS approved the I-129F petition, but it was the embassy that refused the visa application. There is no appeal of visa denials, nor can legal action be taken to that end (Google "doctrine of consular non-reviewability").

You may be able to secure a second interview by acting quickly through your congressional representatives, but if your case has already been returned to USCIS then this is no longer an option.

You received solid advice in your other thread linked above.

[Ash.1101 1,756]

Like others said, your I-129F was approved. It was your K1 Visa application that was denied on the basis that your fiance couldn't prove that you two can actually communicate well enough in the same language to be considered a legitimate couple.

There is nothing to appeal with USCIS. Your petition to grant premission to apply for the visa was approved, the visa itself was denied. The I-129F you filed and the visa application itself are two completely different and separate things. The visa that was denied is NOT the I-129F.

When your petition expires (as you don't want two active petitions in the system, I'm sure it'll kick it back), refile and put more proof in it, like letters from friends and family, like others have told you. That's your option.

Edited November 28, 2015 by Ash.1101

[Ebunoluwa 6,136]

then what is this site ?? I'm just trying to find answers but what you're telling me is there is no appeal. I called this office today and they told me there is an appeal and it can be submitted.

So why would they tell me that if that is not the case? this is not a lawyers office and I will never hire a lawyer for this stuff as VJ has all the information one would need.

again I am just trying to find answers.

http://www.uscis.gov/about-us/directorates-and-program-offices/administrative-appeals-office-aao/administrative-appeals-office-aao

The USCIS is called the misinformation line for a reason. You have been misinformed by whoever you spoke to. Can't be appealed, will expire.

In about 6 months you will receive a letter that it's expired and that you are free to file again. You do not have to wait to re file until you receive this

letter from USCIS.

Edited November 28, 2015 by Ebunoluwa

[pepper44 18]

ah I see.. yes I mis understood the site..

Thank you all for your help and guidance!! I appreciate it. I did reach out to my congressman but as I see if the case was sent back there is nothing that can be done.

I will just wait it out and reapply in a few weeks with the additional information.

[LionessDeon 2,060]

It sounds crazy and makes no sense that they tell you things that are incorrect but Ebunoluwa is right. I don't know why there is so much misinformation given to us by embassies and USCIS. It's such a huge flaw in our legal immigration process. Very frustrating I know.

[Idy Fdez 34]

okay so has anyone on here gone through a refusal and given the form at the interview with 221G code on it? I check online fir my case it says refusal, the form has the code 221G on it for the reason nothing else but the section law code in the writing.

Has anyone had this and overturned it?

Hi!!

What's the case status on CEAC?? if it's Administrative Processing you need to wait until final decision is made by the embassy or maybe they will request additional documents. If it say Denied. then you better reapply or get married and then apply for a CR1

Administrative Processing might takes from a couple of weeks to several months. (my husband has been waiting for 6 months In Montreal already (He's canadian Citizen but was born in Cuba)!! pretty frustrating!! but nothing to do but wait)