Requesting FOIA from USCIS

[IcezMan_IcezLady 582]

I'm not sure if this is the right forum

I want to submit G-639 to get a record of our entire case.

I am the petitioner and my husband is the beneficiary.

I am stuck on filling the form g-639 >>>> https://www.uscis.gov/g-639

Where it ask for the information of the subject of the record. Will that be my information or my husbands?

I am mainly interested in seeing what CO wrote on our file so I can prepare for the NOIR/NOID.

Thank you!

[Ebunoluwa 6,136]

Both of you need to sign for FOIA release or they will claim that due to privacy information they will not be specific on the beneficiary.

I don't remember if both can sign one form or if you need to separate forms for both of you.
There is an instruction link to the form listed, have you read through it ?

Subject of record is the person on whom you seek information, so yes, your husband or if you feel it is about you then

you would be the subject. Remember he has to sign a release.

Are you seeking FOIA from USCIS or DOS ? Where is your case currently at ?

[spring333 44]

My lawyer requested FOIA and that put my case on hold for 6 months. FYI

[IcezMan_IcezLady 582]

My lawyer requested FOIA and that put my case on hold for 6 months. FYI

Oh wow..are you sure it wasn't at the embassy?

Ghana is taking up to 6 months to return cases.

Both of you need to sign for FOIA release or they will claim that due to privacy information they will not be specific on the beneficiary.

I don't remember if both can sign one form or if you need to separate forms for both of you.

There is an instruction link to the form listed, have you read through it ?

Subject of record is the person on whom you seek information, so yes, your husband or if you feel it is about you then

you would be the subject. Remember he has to sign a release.

Are you seeking FOIA from USCIS or DOS ? Where is your case currently at ?

I was thinking of requesting from USCIS. I don't know the difference.

My husband just had his interview on 11/15/2016 so it's probably at the embassy in Accra.

I am trying to get it sent back sooner than 6 months.

[Ebunoluwa 6,136]

You can request it from either USCIS or DOS, depends which agency you want to send it.

If it is still at the embassy then USCIS does not have the consular's findings/notes yet.
Do you have reason to believe your case will be returned as in was he refused the visa ?
You may want to consult a lawyer on this with a phone call and pay for the consult but fill the form out yourself.
You also need to be very specific on what exactly you want, a general request of 'send it all' usually does not

work well at all. An answer to a FOIA request can take 6-12 + months.

Ghana usually sits on case for around 6 - 9 months before returning them, with or without FOIA.

Edited November 22, 2016 by Ebunoluwa

[A&Oforever 9]

HI there, its been a long time but i'm surprised i didn't see an approval. what happened at the interview, if you don't mind. maybe a couple of our heads can wrap around why there is a delay. I know you still want to see what is going on so that will be good but you can try to make sense of it if we piece together what they asked him this time. it will be ok though.... if he has another interview date, i am sure he will get it. praying for you all . they did that to us back and forth but he will get it.

[IcezMan_IcezLady 582]

HI there, its been a long time but i'm surprised i didn't see an approval. what happened at the interview, if you don't mind. maybe a couple of our heads can wrap around why there is a delay. I know you still want to see what is going on so that will be good but you can try to make sense of it if we piece together what they asked him this time. it will be ok though.... if he has another interview date, i am sure he will get it. praying for you all . they did that to us back and forth but he will get it.

My husband was refused visa under 221(g) and the form says the case will be returned to USCIS.

My husband was given same form during our K-1 by CO name KM.

This time around, the CO remarked as my husband takes his oath that "you know the drill, you've been here before". I thought that was inappropriate and if USC were allowed in there and I was there, I would have requested a CO change.

He was asked :

[Where did you meet?

How did you meet?

When did you propose?

When was the traditional engagement?

When was the wedding?]

Co repeated those questions for him to answer all over again.

I learned that's his MO.

Co remarked that our wedding pictures could be an "ordinary ceremony" ignoring the pre-marital counseling, wedding announcement in church almanac and tons of other evidence.

CO is a bald-headed black male.

[IcezMan_IcezLady 582]

You can request it from either USCIS or DOS, depends which agency you want to send it.

If it is still at the embassy then USCIS does not have the consular's findings/notes yet.

Do you have reason to believe your case will be returned as in was he refused the visa ?

You may want to consult a lawyer on this with a phone call and pay for the consult but fill the form out yourself.

You also need to be very specific on what exactly you want, a general request of 'send it all' usually does not

work well at all. An answer to a FOIA request can take 6-12 + months.

Ghana usually sits on case for around 6 - 9 months before returning them, with or without FOIA.

the 221(g) says case will be returned to USCIS.

I am going through the email i got from my congressman liaison during our K-1 to determine what the issue is despite the new evidence.

i am waiting on my congressman and one senator to get information on our case file for this one.

[Ebunoluwa 6,136]

Ghana is just crazy. Sorry for the refusal and return. You have plenty of time for a FOIA since you know it can take 12-18 months

from interview to reaffirmation. It is not really needed though because the NOIR/NOID will contain all issues when you receive it.
Most of the notes are just bs anyway. I am sure you will be reaffirmed.

I don't think they will overturn the refusal at this time at the embassy.

I know how you feel, been there, done that.

[A&Oforever 9]

What is going on. so we all know they are crazy but this is beyond. Just a few thoughts, has your husband for any reason ever been to the embassy. there is something in the file that, at least to my knowledge, is making them so "sure" you all are not bonifide. As a counselor, you deny a k-1 fine but for them to come a whole year later and carelessly do so again is too much. I am very sorry to hear that.