Visa rejected under 221g for administrative processing. Consular advised to wait for few days

[Neevs&day 5]

I appeared in K1 visa second time in 3 years. They rejected my visa again and put my case under 221 G and told me that they need time to review the case and therefore your case has been put under administrative processing. Time limit they have mentioned that it may take short or it may take long depending upon pending cases. I have applied for K1 visa and have been rejected second time, however this time they have not returned my case to USCIS as the did last time and instructed me to wait. My point of concern is that they have mentioned rejected in a white letter that they have given me. If it is rejected, what if the point of saying that they will contact me as soon as possible. I specifically asked if it is the same as last time, he said no last time it was sent back to USCIS and I'm not sending your case back and I need time to review your case. Should I trust the consular and keep any hope?

 

 

 

[Georgia16 2,858]

It's either denied or in AP.

 

Why was it denied first time?

 

And what does it say this time?

 

You have to figure out the reason why and then maybe apply for a spouse visa instead. But you have to overcome the reason of denial first.

[Penguin_ie 5,993]

What exactly does the white paper say?

Why were you rejected last time and what did you do to mitigate that?

[Neevs&day 5]

First time it was denied as I have not provided evidences for marrying in 90 days of arrival at USA. 

 

This time I have solid evidences which are in bulk. As per him he need time to review my case.

 

Attached is the letter I received from them.

[Neevs&day 5]

Last time I haven't made arrangements for marriage and as per consular who interviewed me I should have a date of marriage and arrangements. At that time my relationship was just one year old and she has visited me once only. Consular returned my case to USCIS and they stated that security checks are undergoing in my case. We waited almost 18 months and wherever we contacted them they told us that our case is still under processing. thereafter we approached local congressman and he contact USCIS and they informed them that our case was expired after 4 months of interview. Congressman took them in written that portion was expired. Thereafter we applied again in March last year and USCIS told us there is already approved petition for i129 of us and why we are applying again, we provided them evidences that case was expired. They approved second petition thereafter in December 2016 for which I appeared in an interview yesterday.

 

However this time it's been around 4 years in relationship and 3 yrs since we applied for fiance visa. I'm officially engaged to her and booked venue for Beach wedding followed by a reception for 50 people in USA. Have submitted more than 200 images of me and her for her both visits and also submitted like 1000 + pages of video, audio and chat history and Facebook photos with people comments, chat records with her family and proof of marriage arrangements.

 

I have attached image of the letter I received from them.

 

 

 

 

[Neevs&day 5]

My case history in brief:

I met my fiancee in Mid of 2013 on Facebook. She visited me in March 2014 in India and we spent 7 days together. 

Thereafter she applied i129 petition in April 2014 which was approved in October 2014 and I was interviewed for K1 visa in December 2014. I have met her only once and therefore I wished to visit her before I marry her therefore consular denied my visa under 221G. 

 

In the meanwhile when we were waiting, she visited again to India and we did engagement and my parents blessed us.

 

We waited till February 2016 and thereafter we contacted congressman who informed us that our case was already expired in April 2015.

 

When we came to know that it was expired we applied again a new i129 petition in March 2016 which was approved in December 2016. 

 

We have planned and arranged to marry on 10 March 2017 but as interview slots were not available before 21 Feb, I booked this available slot and appeared in interview.

 

Rest I have explained in my previous post. My visa is rejected once again mentioned 221G and adminstrative process. The only difference from last time is this that they have not returned my case to USCIS as they did last time. 

Edited February 22, 2017 by Neevs&daylen

[Georgia16 2,858]

5 minutes ago, Neevs&daylen said:

My case history in brief:

I met my fiancee in Mid of 2013 on Facebook. She visited me in March 2014 in India and we spent 7 days together. 

Thereafter she applied i129 petition in April 2014 which was approved in October 2014 and I was interviewed for K1 visa in December 2014. I have met her only once and therefore I wished to visit her before I marry her therefore consular denied my visa under 221G. 

 

In the meanwhile when we were waiting, she visited again to India and we did engagement and my parents blessed us.

 

We waited till February 2016 and thereafter we contacted congressman who informed us that our case was already expired in April 2015.

 

When we came to know that it was expired we applied again a new i129 petition in March 2016 which was approved in December 2016. 

 

We have planned and arranged to marry on 10 March 2017 but as interview slots were not available before 21 Feb, I booked this available slot and appeared in interview.

 

Rest I have explained in my previous post. My visa is rejected once again mentioned 221G and adminstrative process. The only difference from last time is this that they have not returned my case to USCIS as they did last time. 

First AGAIN your visa is not denied yet it's under AP.

 

How many times have you met, only 2? When was the last time? India is a hard embassy so face to face time is important. 

 

And don't arranged any plan to marry unless you have the visa in hand or you want to do a CR-1 visa.

[KierenHby 899]

How do people connect on Facebook across continents, having never met prior, I'll never know.

 

That being said, from what I've heard delhi is high fraud. AP takes time. Alternative option is marriage and spousal visa you were advised couple years ago. 

Edited February 22, 2017 by KierenHby

[Neevs&day 5]

Georgia, she visited in Aug'2015 second time and for 7 days. We did engagement during her second visit. My last visa application was denied because I haven't planned any date and any other arrangements for marriage. Consular mentioned in her 221g letter of denial visa that there are not enough evidences to marry in 90 days. I plead to consular that how can I plan and arrange marriage in advance without knowing that I will get Visa. I know that India is high in fraud cases but how can they deny visa second time and after 3 years of waiting. I have all genuine and concrete evidences that can't be denied. If it is possible, an interracial relationship can be the reason on denial?

[Georgia16 2,858]

1 minute ago, Neevs&daylen said:

Georgia, she visited in Aug'2015 second time and for 7 days. We did engagement during her second visit. My last visa application was denied because I haven't planned any date and any other arrangements for marriage. Consular mentioned in her 221g letter of denial visa that there are not enough evidences to marry in 90 days. I plead to consular that how can I plan and arrange marriage in advance without knowing that I will get Visa. I know that India is high in fraud cases but how can they deny visa second time and after 3 years of waiting. I have all genuine and concrete evidences that can't be denied. If it is possible, an interracial relationship can be the reason on denial?

So you have seen each other face to face 2 times in 3 years where the last time was 1 1/2 years ago? That is not so good for your case.

 

Usually the evidens for getting married with in 90 days is a written statement there is signed. One from each of you.

[Neevs&day 5]

Kieren, technology has changed now and world has become small now. I didn't fell in love with my fiancee just through Facebook, but when we did audio and video calling.

 

The consular has same believe but it is not my fault if they don't believe. I spend hours with my fiancee in audio and video chat and always feel like she is next to me. 

 

About marrying in India, my fiancee can avail leave from her job for maximum 9 days, though it is twice a year. Unfortunately these months in which her vacation falls, these months are not considered for marriage. I can marry her in Hindu tradition only here in India but I can't marry her in unsacred months. Though this is a fact but I know a Consular will never consider these facts.

[Georgia16 2,858]

Just now, Neevs&daylen said:

Kieren, technology has changed now and world has become small now. I didn't fell in love with my fiancee just through Facebook, but when we did audio and video calling.

 

The consular has same believe but it is not my fault if they don't believe. I spend hours with my fiancee in audio and video chat and always feel like she is next to me. 

 

About marrying in India, my fiancee can avail leave from her job for maximum 9 days, though it is twice a year. Unfortunately these months in which her vacation falls, these months are not considered for marriage. I can marry her in Hindu tradition only here in India but I can't marry her in unsacred months. Though this is a fact but I know a Consular will never consider these facts.

Welcome to immigration, it is your fault. Don't mean it in a mean way but it is ALL to up you guys to prove your relationship. 

[Neevs&day 5]

Georgia, it's been 1 and half year now. But when we applied your visa second time it was just 6 months passed. Thereafter we applied again and as per average time of i129 procedure we have planned to marry on Nov 2016, almost after 8 months. In between USCIS asked for RFE applying second time in August and it took another 4 months for them to approve our second i129 request. When we have submitted RFE, we have amended our marriage dates to march 2017.

 

Regarding the written statement, I have provided it in my last visa interview. The same was notarized as well.

[Georgia16 2,858]

7 minutes ago, Neevs&daylen said:

Georgia, it's been 1 and half year now. But when we applied your visa second time it was just 6 months passed. Thereafter we applied again and as per average time of i129 procedure we have planned to marry on Nov 2016, almost after 8 months. In between USCIS asked for RFE applying second time in August and it took another 4 months for them to approve our second i129 request. When we have submitted RFE, we have amended our marriage dates to march 2017.

 

Regarding the written statement, I have provided it in my last visa interview. The same was notarized as well.

Still not a lot. That's why some people visit between the date filed and the interview. 

 

You don't have an easy embassy at all. You will just have to wait and see what this AP brings you and otherwise marry and file CR-1 but more and longer visit might be a very good idea since you have to overcome the denial you already have. Seems like they don't believe in your relationship.

[Neevs&day 5]

Georgia, I did my best. I'm not good in arguing face to face. If I would have right to argue with them I would have proved my relationship. But consulars are God here in consulates or maybe they were directed to not issue Visa, especially if cases are interracial. I met a friend in visa journey and his case was similar to me. He applied after me and got approved before me, only difference was that he was lucky enough that his interview was taken by an American based Indian consular.