Refused--Application returned for review

[prindell 8]

I just put I-129 fiancé on the cover letter and attached a sheet with the previous petition number and date and outcome and also submitted a letter narrating our relationship timeline and the refusal and re filing including the previous NOA's and 221g refusal sheet plus my correspondence emails with the CO and senators.

Awesome. Thanks for the great information.

[Ebunoluwa 6,136]

Awesome. Thanks for the great information.

Make sure it's copies not the original NOA's and 221g.

[jjjames74 1]

I dont think there was a 221g, correct? This was a refusal not a 221g?

[prindell 8]

I dont think there was a 221g, correct? This was a refusal not a 221g?

Correct, there was no 221g. It was a refusal based on discovering an error on the petition, so they sent back the petition to be reviewed and the disposition determined.

[Ebunoluwa 6,136]

A 221 g sheet is given for refusal, AP and when additional documents are requested, so yes a 221g sheet should have been given in your situation because the visa was refused.

[prindell 8]

A 221 g sheet is given for refusal, AP and when additional documents are requested, so yes a 221g sheet should have been given in your situation because the visa was refused.

Hmm, we didn't receive one, only a form letter with 14, 212(a) options and 2, "Disposition of Your Case" options, of which no 212(a) were checked but one of the Disposition of Your Case, stating: "Your petition is being returned to the U.S. Citizenship and Immigration Services (USCIS) through the National Visa Center (NVC) for reconsideration and disposition. Further inquiries should be directed to the USCIS office that processed your petition" along with the reason: "Petitioner has two Undisclosed marriages". As of this date, CEAC is still showing the case as "Being Transferred" (28 days with this status, so far).

[Ebunoluwa 6,136]

Hmm, we didn't receive one, only a form letter with 14, 212(a) options and 2, "Disposition of Your Case" options, of which no 212(a) were checked but one of the Disposition of Your Case, stating: "Your petition is being returned to the U.S. Citizenship and Immigration Services (USCIS) through the National Visa Center (NVC) for reconsideration and disposition. Further inquiries should be directed to the USCIS office that processed your petition" along with the reason: "Petitioner has two Undisclosed marriages". As of this date, CEAC is still showing the case as "Being Transferred" (28 days with this status, so far).

Here is a link with explanations of the difference between 221g, 214 and 212a http://lawandborder.com/options-after-a-consular-officer-denies-your-visa-application/

Any of the 3 is given, so if not a 221g then you received the 212a.

It can be just a boilerplate standard template or there is more to it, try to find out with FOIA .

Are there any health issues she has ? Any criminal issues you had in the past ?

Beneficiary issues are private and that is why it is crucial for her to sign a privacy release for FOIA or else they will not inform you of a reason

having to do with her.

You have 6-12 months until you know the answer through NOID/NOIR and perhaps FOIA only then can you submit a rebuttal.

Can't move forward without knowing the reason as it does not appear to be a general 'lack of bona fide' issue, though it may.

[walran 24]

I had three previous marriages and listed them all on the form as I did it with a pdf manipulator and by changing the font was able to get all three past wives on there and then I added a page just in case along with all three divorce decrees as I was worried about this too. I am at the NOA2 approved stage.

When I mention this people say no no no but I think I would call my senator and ask for some help here.. This would seem to be a prime case where you could use some intervention.

My other curiosity is that you were there for the interview but most petitioners are not. I wonder what would have happened if you had not been there? Maybe they would have let it go or maybe the same result?

And IMO, who cares if you just have the last two cases.. stands to reason that you got divorced the first time too.

[prindell 8]

Here is a link with explanations of the difference between 221g, 214 and 212a http://lawandborder.com/options-after-a-consular-officer-denies-your-visa-application/

Any of the 3 is given, so if not a 221g then you received the 212a.

It can be just a boilerplate standard template or there is more to it, try to find out with FOIA .

Are there any health issues she has ? Any criminal issues you had in the past ?

Beneficiary issues are private and that is why it is crucial for her to sign a privacy release for FOIA or else they will not inform you of a reason

having to do with her.

You have 6-12 months until you know the answer through NOID/NOIR and perhaps FOIA only then can you submit a rebuttal.

Can't move forward without knowing the reason as it does not appear to be a general 'lack of bona fide' issue, though it may.

Interesting read. Thank you. I attached the form we received (the only thing we received). It may be a 212a of sorts, but not of a specific 'number'. The only thing marked is the "Other" option, then a hand-written "X" on the Disposition of your Case option. The consular agent specifically stated that we have a "rock-solid" case and there is no question about our relationship being bona fide and no problems with the medical--everything was great, except my failure to list 'all' my previous marriages on the I-129f and G-325A forms, though I did provide the divorce decrees for all previous marriages at the interview.

I should have the new petition ready to submit by Friday (going to the Embassy on Wednesday to have them preview it and make suggestions, if permissible). Do you think it's okay to file the new petition before the first one has been formally withdrawn? I'm still hoping to get favorable results from the congressman's inquiry, but haven't heard anything on that yet and don't want to postpone the filing of the new petition for too long.

[prindell 8]

I had three previous marriages and listed them all on the form as I did it with a pdf manipulator and by changing the font was able to get all three past wives on there and then I added a page just in case along with all three divorce decrees as I was worried about this too. I am at the NOA2 approved stage.

When I mention this people say no no no but I think I would call my senator and ask for some help here.. This would seem to be a prime case where you could use some intervention.

My other curiosity is that you were there for the interview but most petitioners are not. I wonder what would have happened if you had not been there? Maybe they would have let it go or maybe the same result?

And IMO, who cares if you just have the last two cases.. stands to reason that you got divorced the first time too.

I think the Service Centers have people who use good judgement instead of declining applications on technical errors. In reviewing my first application, I had several errors (no names on back of passport style photos, copies of only the ID and first visa pages of my passport, instead of all pages) and I was still approved. I think too, they realized that I was free to marry, based on the last two marriage having divorce decrees (and knowing I couldn't have had those marriages if the prior ones weren't legally ended).

I've heard it said that things usually go better if the petitioner is present during the interview (as it helps solidify the relationship). No way to know if not being there would have had made a difference as my fiancée would have answered the question to 'how many times has your fiancé been married before', the same way I did--truthfully.

I contacted my Senators and the lone staffer reply (after several back and forth emails) just said it's my decision to make--I can either wait (180 days) for an answer on the reconsideration and disposition of the original filing or I can file a new petition. She was not willing to make any inquiries. However, the staffer from my Congressman's office, first response was, "An inquiry has been submitted. I will contact you again when we hear something". I will update again when I hear from her again.

Thanks for the interest and comments. All the best in the rest of your journey!

[Ebunoluwa 6,136]

I would wait until you hear from the staffer but don't think it will help anything at this point. Then submit your new application

with a short paragraph that your previous petition is being (or has been) returned and you know it will expire so you are filing a new petition

and you can word it something like this : 'if necessary to withdraw the previous petition, I hereby request that it will be withdrawn.'

It causes no issues without a withdrawal for the petitioner but for a beneficiary it would if she had a different petitioner in the future.

Make sure they know you did in fact submit the other divorce decrees personally to the CO at the time of interview, also in a timeline relationship

letter or a separate sheet with a short paragraph attached with the other NOA and 212 /221g copies and correspondence between senator/congressman/

CO emails and yourself.

Be there for the next interview as well, again with all original divorce decrees.

[prindell 8]

Once again, "Thanks" to all whom replied and contributed to this thread.

As promised, I am posting again to provide an update as to the final conclusion of this matter.

My State Representative's staff was extremely helpful in providing us with the final status of our case in relatively short time, compared to having to wait the "minimum" of 180 days for USCIS to provide the status, otherwise. In contrast, my two State Senators offices were pretty much useless as they were unwilling to assist and just gave us the run-around.

Anyway, the matter has concluded pretty much as we were told it would, by the fine folks in this Visa-Journey forum. Following is an excerpt from the letter my Representative's staff was able to get from USCIS:

"The period of validity has now expired; therefore, in accordance with 8 C.F.R. 214.2(k)(5), all USCIS action on this petition is concluded."

This status update wasn't too disappointing for us as we had decided to take everyone's advice and file a new petition, which had been routed to the California Service Center this time, so we were anticipating that it would be adjudicated in the very near future. However, this afternoon, we learned our new case was transferred to another USCIS office (presumably Texas), so this is another delay as I assume our case will fall to the rear of the queue again for the office that just acquired jurisdiction over our case and the past month of waiting has been for nothing. <sigh>

We continue to remind ourselves that there is a reason for everything... just be patient and trust in God; all will work out in His perfect timing.

[Tahoma 2,292]

Thanks for the update, and best wishes to you for a smooth and speedy visa journey.

[prindell 8]

Thanks for the update, and best wishes to you for a smooth and speedy visa journey.

We sincerely appreciate your wishes and support. Thanks! (can't wait to turn all our timeline blocks to 'blue') ;-) Congratulations on your achievements!

[prindell 8]

Yes you can file a spousal visa from the Philippines, but one requirement is having resided in the Phils for 6 months or more, then you can do a DCF which are very quick. Most of the 6 months would be used waiting for your marriage certificate to be recorded with PSA, this can take upwards of 4 months.

We decided to file a second K-1 petition, which was approved. We are currently waiting for the delivery of the visas (yay!). But for the benefit of anyone reading this thread and considering to go the DCF route, I thought I'd add some information that I learned about marrying and doing a Direct Consulate Filing (DCF).

During one of my visits to the US Embassy for information and waiting my turn at the window, the USC and his wife ahead of me, were attempting to do a DCF. I could hear the conversation and gleaned the following: The USC married and had been residing in the Philippines with his wife for the required six months. As proof of his resident status, he provided a rental lease, utility bills in his name and his passport with the arrival date and tourist visa extension greater than six months. The CO refused his petition stating that he was a "tourist" in the Philippines for six months, but not a resident.

Had I decided to get married and do the DCF instead of filing another K-1 petition, I probably would have made the same mistake. If you are planning to do the DCF, make sure you go to the Bureau of Immigration and change your status from tourist to temporary resident. At least to this CO, it makes all the difference and the day by day reality of residing here is insufficient proof.

All the best.

Edited June 22, 2016 by prindell