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

[caliliving 606]

24 minutes ago, Neevs&daylen said:

I told you, you can't see everyone with same view. Go to her facebook profile and see how beautiful and perfect she is. I have seen cases where the age difference was 24 yrs and mine is just 6 yrs. 

i never questioned your marriage/love.

i have watched 90 day fiance... 

[Neevs&day 5]

6 hours ago, Neevs&daylen said:

If anyone advise if there is any feasibility of my fiancée can meet consular in India as my case is still in embassy?

Please anyone answer me if they Know?

My fiancée is planning to visit embassy but I wonder they will allow her to get in or meet consular?

[Neevs&day 5]

6 hours ago, caliliving said:

i never questioned your marriage/love.

i have watched 90 day fiance... 

Oh I thought you have seen almost all the K1 visa cases

[Ebunoluwa 6,136]

8 hours ago, caliliving said:

yes, people will wait 10+years if fake.. trust me. they will wait because they know a greencard is coming and if they leave you andmeet soemone else the case is 10000x harder. 

 

their is a case of a woman on here who did a waiver and everything for her husband.. thourhght she was in love! and once he gotthe GC he left. as long as you are waiting in america and trying to get him here, he will wait as well.. move to India and give up on the process and see what happens

OP is the beneficiary.

[Ebunoluwa 6,136]

If you are in name checks and security checks then that is different. Your fiance making it to see the CO is irrelevant

and won't get you out of name/security checks. She should have been there for the 2 previous interviews.
These checks take weeks, months and for some years. CO's will extend the expiration date automatically as I said

unless they wish to return it after security checks are completed.

You need to just wait until checks are completed. The outside agencies are backlogged and that is why it takes

so long.
 

You don't have to defend and explain your relationship to others here. I see nothing wrong with your minimal age difference.

India is a tough embassy no matter who goes through it.
There is no guarantee that you will be approved and neither is there obvious reason to be denied so just chill

and be patient. Everything else is just assumption and speculation.

If you would have done a CR1 the second time around instead of another K1 then you would have the assurance that a
spousal petition will not expire like a I-129 fiance petition. If a CR1 case gets returned then USCIS will send out a NOIR

letter to which the petitioner responds with a rebuttal.  If USCIS is satisfied with the response then they again send it to

the embassy with recommendation to approve, if not it will be denied. A returned K1 dies.

 

I see a contradiction in your comments though about the process of your case: You said USCIS said your first K1

is still in security checks, that means it was not returned for lack of bona fide findings.

You also said that your first K1 was returned according to the

CO. Totally possible that you received contradicting information from the CO or USCIS but if your first K1

was in name checks and not returned then a second filing was not needed at all. A simple reminder to the embassy
that you both are still pursuing the case and are still looking forward to marry and are requesting a petition validity

extension would have been in order. If you are stuck in name checks no second filing will overcome that

because you will go right back into name checks/security checks, you must wait it out. Another petition will not

magically push the checks aside the second time around.

If security checks are needed not even the CO can stop them neither will he know when they are complete.
It seems you had 3 things going on: CO not believing in a genuine relationship, name checks/security checks
and a CO that did not want to extend the expiration date. All separate issues.
The bona fide issue can be overcome with several visits and good evidence, the security checks can not

and a request to extend the petition can be made through your senator or through the petitioner.

So many believe that re filing is the answer when stuck in security checks, no no no !
I really do not have a clear understanding what happened to your first petition but the current one is in AP

(checks) and you need to leave it alone until completed except for an occasional status inquiry once a months or so

through your fiance's senator/congressman and address the concern of the expiration date.

 

It is not anyone's business to judge your relationship, I see no big red flags except for not enough visits

and telling the CO you want to visit her first before committing to marriage (in your first case) was really bad

and a huge flag. I would have returned it for that alone because that's not what a K1 is for.
You hopefully have overcome this with your second filing. I don't know why your fiance was not on the premises
for your second interview. That ship has sailed now, it doesn't matter if she goes to the embassy if you are in checks.
IF you are not in checks and the CO just has you sitting in internal review then it would help if she tries to go.
Another visit to you always helps strengthening your case, especially if it is for a third time around.
Talking about her moving and to live there right now is silly and matters not, that is putting the cart before the

horse.

I hope this puts all other speculation to rest for now.

****** Always know exactly where your case is ! Undergoing security checks, background checks, in internal

(embassy) review by supervisor or being returned. Only then can you consider step 2 not before.

Very persistent and specific inquiries from senators/congressmen will usually bring specific answers to that

mystery.

 

 

[KierenHby 899]

9 hours ago, Neevs&daylen said:

Consular saw her in pics how healthy and beautiful she is. When we applied for Visa she was 37 and more healthier to give birth to baby. If it a genuine concern for consular about baby planning, why didn't he gave Visa 3 yrs earlier. 

You didn't marry when she was 37 and admittedly more healthier. Your personal life is between you and your lady, but no one's getting any younger. Why wait for a wedding and a baby, which should ideally be more important than a US visa?

[IowacityGuy 152]

On Thursday, February 23, 2017 at 4:08 PM, Neevs&daylen said:

Caliliving, it is very unfortunate if you don't consider love as love. I don't need your advise to find someone else. You don't know what love is.

 

Me and my fiancée fell in love with each other not because of physical appearance but because of our common psychology and understanding. She is a professor in psychology and have studied Indian culture as well. I'm also well qualified and earning good in my country. I spent most of my life in studies and never attracted to anyone before because I always have preference of a good heart rather than a good body. Fortunately she is the combination of both and her previous 2 marriages couldn't worked because of that psychological compatibility.

 

India would have been developed if its resources were not looted by Britishers. However still India is among fastest growing economy and people like me has many opportunities here to grow. I never wished to leave my country but she don't wished to move India till her kids grow and become independent. 

 

All my need is to marry her at earliest as we both are waiting from last 4 years and it's been too long. And regarding my culture, my fiancee knows better then me and she loves Indian culture. This is the land where Buddha and Mahatma Gandhi was born. 

 

If you see whole world with same view, you need to get the glasses then. 

Yaar apka visa approve ho jaye ga.. dont worry.. mujhe bhi same letter mila tha aur mera approve ho gaya.. mujje 60 days lage the.. so be patient!!

[Ash.1101 1,756]

41 minutes ago, KierenHby said:

You didn't marry when she was 37 and admittedly more healthier. Your personal life is between you and your lady, but no one's getting any younger. Why wait for a wedding and a baby, which should ideally be more important than a US visa?

Agree'd. There's no reason the OP can't marry outside of the US and then do a spousal visa. I know it's harder but I mean you do what you gotta do.

Another thing I keep getting hung up on his response about love being that she's beautiful and that the horoscopes say that they match. Maybe it's a language barrier thing, but if that's something he focused on in the interview, as in "Tell me a little about her" and he starts with "Well she's beautiful", that may not have helped.

Edited February 24, 2017 by Ash.1101

[Penguin_ie 5,993]

****** Mod reminder to write in English ONLY in the immigration forums.  If you wish to converse in your native language, you may do so i the regional forums. *******

[IowacityGuy 152]

4 hours ago, Penguin_ie said:

****** Mod reminder to write in English ONLY in the immigration forums.  If you wish to converse in your native language, you may do so i the regional forums. *******

My bad.. i m trying to delete it but i am not able too.

[Neevs&day 5]

15 hours ago, Ebunoluwa said:

If you are in name checks and security checks then that is different. Your fiance making it to see the CO is irrelevant

and won't get you out of name/security checks. She should have been there for the 2 previous interviews.
These checks take weeks, months and for some years. CO's will extend the expiration date automatically as I said

unless they wish to return it after security checks are completed.

You need to just wait until checks are completed. The outside agencies are backlogged and that is why it takes

so long.
 

You don't have to defend and explain your relationship to others here. I see nothing wrong with your minimal age difference.

India is a tough embassy no matter who goes through it.
There is no guarantee that you will be approved and neither is there obvious reason to be denied so just chill

and be patient. Everything else is just assumption and speculation.

If you would have done a CR1 the second time around instead of another K1 then you would have the assurance that a
spousal petition will not expire like a I-129 fiance petition. If a CR1 case gets returned then USCIS will send out a NOIR

letter to which the petitioner responds with a rebuttal.  If USCIS is satisfied with the response then they again send it to

the embassy with recommendation to approve, if not it will be denied. A returned K1 dies.

 

I see a contradiction in your comments though about the process of your case: You said USCIS said your first K1

is still in security checks, that means it was not returned for lack of bona fide findings.

You also said that your first K1 was returned according to the

CO. Totally possible that you received contradicting information from the CO or USCIS but if your first K1

was in name checks and not returned then a second filing was not needed at all. A simple reminder to the embassy
that you both are still pursuing the case and are still looking forward to marry and are requesting a petition validity

extension would have been in order. If you are stuck in name checks no second filing will overcome that

because you will go right back into name checks/security checks, you must wait it out. Another petition will not

magically push the checks aside the second time around.

If security checks are needed not even the CO can stop them neither will he know when they are complete.
It seems you had 3 things going on: CO not believing in a genuine relationship, name checks/security checks
and a CO that did not want to extend the expiration date. All separate issues.
The bona fide issue can be overcome with several visits and good evidence, the security checks can not

and a request to extend the petition can be made through your senator or through the petitioner.

So many believe that re filing is the answer when stuck in security checks, no no no !
I really do not have a clear understanding what happened to your first petition but the current one is in AP

(checks) and you need to leave it alone until completed except for an occasional status inquiry once a months or so

through your fiance's senator/congressman and address the concern of the expiration date.

 

It is not anyone's business to judge your relationship, I see no big red flags except for not enough visits

and telling the CO you want to visit her first before committing to marriage (in your first case) was really bad

and a huge flag. I would have returned it for that alone because that's not what a K1 is for.
You hopefully have overcome this with your second filing. I don't know why your fiance was not on the premises
for your second interview. That ship has sailed now, it doesn't matter if she goes to the embassy if you are in checks.
IF you are not in checks and the CO just has you sitting in internal review then it would help if she tries to go.
Another visit to you always helps strengthening your case, especially if it is for a third time around.
Talking about her moving and to live there right now is silly and matters not, that is putting the cart before the

horse.

I hope this puts all other speculation to rest for now.

****** Always know exactly where your case is ! Undergoing security checks, background checks, in internal

(embassy) review by supervisor or being returned. Only then can you consider step 2 not before.

Very persistent and specific inquiries from senators/congressmen will usually bring specific answers to that

mystery.

 

 

I will put highlight in my first K1 petition:

It was rejected under 221G because of not enough documentary evidences to prove my intention to marry my fiancee in 90 days after my arrival to USA. In that letter it was mentioned that they are returning my case to NVC and and further enquires should be directed to USCIS only.

 

I would like to clear here that I never told consular that I have met her only once and I want to visit her before my marriage. It was only my prospective in actual as I have met her only once in person and need to know her more. What I told to consular was how can I plan or fix marriage date without knowing when will I get visa or how long it will take. I told her that we have decided to marry and we will arrange and decide date when I will be physically available there only. If I would have these documents that I have provided this time regarding my arrangements she would have convinced and approved me.

 

Thereafter she returned my case to NVC in January 2015 after my interview in December 2014. 

 

What happened after that is we were told that our case is under name check and it depends upon Federal agencies how long they may take depending upon the number of pending cases they have with them. It was almost 1 year passed and they were have same reply. Then we finally approached congressman in January 2016, who derived the actual information that our case was expired originally after 04 months since case was returned to USCIS. 

 

Now I don't know if name check and other security check was done at that time or not. The most disappointed thing was that, how come they fool us or why their system were not updated with actual information. An ordinary US citizen was not provided the actual information until a congressman intervene in the matter. When we applied again based on the letter of expired petition we received in the behalf of congressman we applied again in March 2016 and this time we have provided a box of numerous evidences of relationship and marriage arrangements for November 2016. However we got RFE in September 2016 mentioning that there is already a approved petition for us with them in their records and they asked for evidences to prove why we have applied again. This was so frustrating as we have arranged to get married in November and they were asking such silly question. 

 

Thereafter we submitted all evidences again along with the letter mentioned expired petition, with the opinion that they might have lost our evidences. Now it was as obvious that we can not marry in November 2016 as we have decided, we changed the date with a letter mentioning facts and date change to March 2017. 

 

Second petition approved in December 2016 and I placed interview on next available date which was February 2017.

[Neevs&day 5]

16 hours ago, KierenHby said:

You didn't marry when she was 37 and admittedly more healthier. Your personal life is between you and your lady, but no one's getting any younger. Why wait for a wedding and a baby, which should ideally be more important than a US visa?

First have a look how complicated is getting married here in India with a foreign national:

 

A marriage between an Indian and a foreign national is to take place in India, the marriage has to solemnize under the Special Marriage Act of 1954.

 

Registration of marriage cannot be done in a day . Generally it is required to file a notice of intended marriage with a Marriage Registrar . That notice is required to be published for the stipulated 30 days. At the end of the 30 days the Marriage Registrar is free to perform the marriage.

 

Step 1 File an application before the sub-registrar under whose jurisdiction the marriage took place.

 

Conditions relating to solemnization of foreign marriages.

 

1.    A marriage between parties one of whom at least is a citizen of India may be solemnized under this Act by or before a Marriage Officer in a foreign country, if, at the time of the marriage, the following conditions are fulfilled, namely:

(a) neither party has a spouse living;

(b) neither party is an idiot or a lunatic; (c) the bridegroom has completed the age of twenty-one years and the bride the age of eighteen years at the time of the marriage, and

(d) the parties are not within the degrees of prohibited relationship; Provided that where the personal law or a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship.

 

The following documents are required for both the partners for register the marriage

1.    A valid Passport

2.    original Birth Certificate showing parents' names

3.    if the person concerned is widowed, the original death certificate of the deceased spouse

4.    If divorced, copy of the final decree 5.    documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO)

For the clause 5 create a rent agreement soon for period of not less than 30 days prior to filing application Bridegroom and bride should give notice of intended marriage 30 days in advance for the solemnization of marriage along with prescribed fees. Bride or bridegroom must have lived continuously for not less than 30 days within the jurisdiction of marriage officer before giving the notice

 

Step 2 After the stipulated waiting period of 30 days the marriage visit the sub registrar office again. If no objections are received within 30 days from the date of notice of intended marriage, along with two witnesses for solemnisation of the Marriage. Marriage Officer after following procedure prescribed under act and rules will solemnise the marriage and issued a certificate .

 

This is the procedure of getting a marriage registered in India.

 

Now as I told you she has two kids below 12, she can't take them to India with her for more than 30 days or neither she can leave them for that long period in USA. Even if sacrifice to leave her kids with someone for more then 30 days, her job would not allow her to take leave for more then 10 days at one go. She has two annual vacations in an year, in August for almost 10 days and in December for almost 15 days. Maximum she can stretch will be 25 days if she will merge her leaves and holidays together. This will not satisfy the legal criteria of getting a marriage registered in India. Even if I will marry her in my custom, embassy will ask for a registration certificate. We have thought of marrying too, but we would have done it by now if it is not that complicated. We qualify for all criteria expect the number of minimum days to stay together in one stretch.

[Boiler 45,426]

That makes more sense, K1 refused and returned to expire.

 

May well be what has happened to the second one as little has changed.

[Neevs&day 5]

Well, I'm holding just 5 % hold, plus 5% hope as my fiancee's local congressman has involved himself in our case. Some visa chief (from local embassy) has replied to Congressman's letter of support that they are aware of their concern and will do all they can to see that the application is adjudicated as soon as AP has been completed.

 

So it make total 10% of hope to me. 

[KierenHby 899]

7 hours ago, Neevs&daylen said:

 

A marriage between an Indian and a foreign national is to take place in India, the marriage has to solemnize under the Special Marriage Act of 1954.

What's Special Marriage Act of 1954?