221g letter received after interview what is next?

[JackandRed 16]

My husband's interview was held and received letter that case us returned to us pending under section 221g. So dissappointed. What's next.

[TBoneTX 45,319]

*** Thread is moved from the Site Discussion forum to the CR-1 Case Progress subforum. ***

[Unlockable 7,314]

That is not a whole lot to go on.

What was the reason for the case being returned? What does the 212 say? What did the consular tell your husband? etc etc

[Penguin_ie 5,994]

What is next is usually you supply them with what they ask, and then they process it further. But to help properly, we need more info:

- what exactly did the paper say?

- what sort of thing did they concentrate on at the interview?

[JackandRed 16]

The letter was vague. It stated the petition is being returned to nvc and will remain pending under section 221g. Petitioner will be contacted and if case reaffirmed new interview date will be set.

Edited June 19, 2016 by JackandRed

[JackandRed 16]

The wording as follows:this office will be returning your petition to the U.S. revoked your case will remain pending under section 221g while resumed to nvc for review. If reaffirmed will contact petitioner.

[xmaricrisx 25]

The wording as follows:this office will be returning your petition to the U.S. revoked your case will remain pending under section 221g while resumed to nvc for review. If reaffirmed will contact petitioner.

I'm sorry to say this, but it looks like the CO denied your husband's case. According to the USCIS website: (https://www.uscis.gov/unassigned/immigrant-visa-petitions-returned-state-department-consular-offices)

When a consular officer returns an immigrant visa petition to USCIS for reconsideration and possible revocation, he or she will typically deny the visa application on the basis of INA section 221(g) (temporary refusal of immigrant visa), pending USCIS review of the returned petition. The consular officer may also deny the visa application on another basis, if appropriate. If USCIS later reaffirms the approval of the petition, USCIS will send the petition back to DOS, at which point the consular officer will either accept the petition as valid and adjudicate the visa application to completion, or present USCIS with new evidence that was not previously considered. When a DOS consular officer denies an immigrant visa application, he or she will provide the beneficiary with a refusal letter listing the section of law under which the visa was refused.

[JackandRed 16]

Ok what can we do now.

[xmaricrisx 25]

Ok what can we do now.

Is that all your letter said? Read it carefully because perhaps the letter said something as to why your visa was denied, or if you just need to submit additional documents before they can approve your husband.

[JackandRed 16]

The letter only stated that the case is being returned to nvc. My husband let them know that I came for one visit and married. He was not told that this was the reason as the officer only said that all the documents and photos are being returned. We are assuming that is the reason for denial. Any suggestions?

[xmaricrisx 25]

The letter only stated that the case is being returned to nvc. My husband let them know that I came for one visit and married. He was not told that this was the reason as the officer only said that all the documents and photos are being returned. We are assuming that is the reason for denial. Any suggestions?

Getting married on the first meeting is a very big red flag.

Process

At the conclusion of the interview, a consular officer hands over the 221(g) refusal indicating that the petition is being returned to the U.S.

Consulate returns the petition to the U.S. in a diplomatic pouch for further review.

When NVC receives the returned petition, it reviews it and enters it into the fraud database by fraud management.

It may take 2-3 months for NVC to receive the diplomatic pouch, as it may be sent to different consulates to pick up other returned petitions along the way.

NVC returns the petition to the USCIS service center where the petition was originally filed and approved.

This may take around 1 month.

Once the USCIS service center receives the petition, it sends a notice of receipt to the petitioner.

The service center reviews the returned petition and the interviewing consular officer's notes on the case.

Returned applications are low priority at USCIS. They are reviewed in the order they are received and after new petitions have been processed.

Service center sends either a Notice of Intent to Deny (NOID) or a Notice of Intent to Revoke (NOIR) to the petitioner documents relevant to the consular officer's objections to rebut.

Depending on the service center, it gives 30-60 days from the date of NOIR/NOID to the petitioner to respond with additional evidence. The letter will also specify the time frame to respond.

If the service center receives the response in a timely manner, it reviews the case and either the original approval is reaffirmed or the petition is officially denied.

The service center accordingly sends the official denial letter or a notice of reaffirmation.

If the petition is reaffirmed, the service center sends the reaffirmed petition and its supporting evidence provided in the rebuttal directly to the original consulate along with a recommendation to issue a visa.

The consulate notifies the beneficiary of a new interview date. Exact procedure may vary at different consulates.

The consular officer conducts the interview of the visa applicant, and either the visa is issued and placed in administrative processing again or denied via section 221(g) and returned to the USCIS with a recommendation for revocation.

Timings

Most administrative processing resolve within 60 days of your view interview. However, some cases may take longer, depending upon the circumstances of your case.

Edited June 21, 2016 by xmaricrisx

[JackandRed 16]

Thank you so much for your responses.I now believe there is hope for my family.

[JackandRed 16]

When should I call uscis to check on status of return petition?. Also does anyone know when police character and medical expire?

[JackandRed 16]

Update was posted today case at nvc. What is the time frame of nvc sending file back to uscis?

[Penguin_ie 5,994]

Medical expires after 6 months, police cert usually after a year but sometimes less.