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

[Neevs&day 5]

38 minutes ago, KierenHby said:

What's Special Marriage Act of 1954? 

It is a old complicated law established in 1954.... Since then it is same. I have have the details above in a comment.

In a nutshell to register a marriage in the court legally, both husband and wife should be reside in India for at least 30 days. You will serve a notice to the registrar after marriage and thereafter when 30 days passed, you will have to register your marriage. Once registration is done you will get the certificate in 7 days thereafter. The most frustrating part is that both Bride and groom has to present physically in all the 3 steps and you will have to show proof of your 30 days stay in India in a continuous stretch. 

[Ebunoluwa 6,136]

11 hours ago, Neevs&daylen said:

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.

 

Thanks for clarifying. Yes, there must have been a disconnect between DOS and USCIS with the double speak of
refused/returned and 'case is in checks'. Returned K1's always expire and expired petitions
in checks are automatically extended. Since you were told both returned/expired and "why file again you already
have a live and current petition" it leads me to believe that someone messed up and gave you wrong information.
You also should have received a letter from USCIS stating that the petition has expired and that you are free to file again.
That did not happen as I understand it.

Unless the CO changed his mind and did not return it but send it into checks and did not
grant petition validation extension.
Now you would have needed to send a multiple filing waiver request with your second petition and that may have been
the RFE you are referring to (USCIS saying you already have an approved petition). You may have misread that RFE.

What is done is done and it is evident that you have supplied plenty of evidence this time around of what the CO

was looking for the first time so continue to be hopeful that you will be approved though nothing is guaranteed.

 

[Ebunoluwa 6,136]

1 hour ago, Neevs&daylen said:

It is a old complicated law established in 1954.... Since then it is same. I have have the details above in a comment.

In a nutshell to register a marriage in the court legally, both husband and wife should be reside in India for at least 30 days. You will serve a notice to the registrar after marriage and thereafter when 30 days passed, you will have to register your marriage. Once registration is done you will get the certificate in 7 days thereafter. The most frustrating part is that both Bride and groom has to present physically in all the 3 steps and you will have to show proof of your 30 days stay in India in a continuous stretch. 

 

That is what happened to us, the many stipulations and red tape.
We had a returned K1 after 16 months in AP. Then I went to my spouse (then fiance) and we wanted to get

married and then file a CR1. 

I packed all my wedding "stuff" and was looking forward to the whole thing but it ended up being a 2 week

crazy marathon from one official office to another and all the way to the Minister of Interior himself who I

 confronted like Bridezilla. We even had the official ok

to marry before I left, I wanted to make sure there were no surprises once there. It turned out to be a nightmare.
When first told I needed to bring a copy of my birth certificate we made sure all documents were in order.
I was told it takes a few days to approve the application.
Once there they changed the requirements and said it can take weeks to process, they wanted my original birth certificate and

fussed about a residence permit which was extended but they said it was extended by the wrong district so to make

a long story short I had to go back home to my business obligations and there was no more time to hassle with

stupid officials about nonsense. The wedding did not happen. We did the second K1 and it was approved.
Not everyone can stay a full month. Children or work can all hinder a long visit.
Even with a long one months stay officials can throw a monkey wrench into the equation, I felt like I was in a zoo.
I visited 5 times for about 2 weeks each stay but could not be gone longer so it is what it is.
If one is able to then they definitely should stay longer and sometimes sacrifices have to be made but for some

there are real hurdles. You push as far as your love for each other drives you to make it happen.

 

 

 

 

 

[KierenHby 899]

22 hours ago, Neevs&daylen said:

It is a old complicated law established in 1954.... Since then it is same. I have have the details above in a comment.

In a nutshell to register a marriage in the court legally, both husband and wife should be reside in India for at least 30 days. You will serve a notice to the registrar after marriage and thereafter when 30 days passed, you will have to register your marriage. Once registration is done you will get the certificate in 7 days thereafter. The most frustrating part is that both Bride and groom has to present physically in all the 3 steps and you will have to show proof of your 30 days stay in India in a continuous stretch. 

Who needs all that? 

She marries in India, gets a USemb NOC, and registers the wedding at the local municipality. All done within a week if planned. 

[Neevs&day 5]

1 hour ago, KierenHby said:

Who needs all that? 

She marries in India, gets a USemb NOC, and registers the wedding at the local municipality. All done within a week if planned. 

I wish it would be that simple.

 

https://www.kaanoon.com/45306/marriage-with-foreign-citizen

 

This is a legal advisory website where best lawyer gives answer to queries. I can share a copy of special marriage law 1954, on your email id as well if you need.

 

This one you can never deny:

http://englishwifeindianlife.com/civil-marriage-indian-foreigner-india-1/ 

 

The way your are saying is only applicable if Bride and groom, both are either Indian or both should be Hindu.

 

I wonder if US embassy in New Delhi is also aware of this Law. Because when I told them about the complications involved in it, they were not taking it serious.

Edited February 26, 2017 by Neevs&daylen

[Neevs&day 5]

Hi VJs, please advise me how often should I drop email to or remind them in between 60 days period of waiting or you suggest me to wait or do nothing till next 60 days?

[Lenchick 133]

On 2/23/2017 at 0:52 AM, mimolicious said:

I met my husband that way, we've been married for 5 and a half years.

 

On 2/22/2017 at 0:35 PM, KierenHby said:

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. 

Are you serious? That sounds a little bit out of line. I am confident there are very many members on visa journey who connected first online across continents, having never met prior. After that they traveled to see each other. 

 

Having met on Facebook Isn't a red flag if people keep seeing each other  in person after that. 

[Neevs&day 5]

Hi all,

 

Got this message today from them:

 

We are ready to proceed with processing your case. Please submit your passport to any of the Visa Application Centers.

 

Kindly give you input, though I have submitted passport.

[figwit 5]

wonderful ?

[Neevs&day 5]

45 minutes ago, figwit said:

wonderful ?

Is it a approval?

[figwit 5]

I'm not positive but it seems like you are ? on the right path. We are rooting for you. Keep us updated ?

[Neevs&day 5]

Just now, figwit said:

I'm not positive but it seems like you are ? on the right path. We are rooting for you. Keep us updated ?

Thank you, I'm hoping too. Shall update once I will hear from them.

[Akua & kwame 3]

1 hour ago, Neevs&daylen said:

Thank you, I'm hoping too. Shall update once I will hear from them.

It looks really positive and I am so happy for you Neevs&daylen, How long were u in AP if u don't mind me asking?

Edited March 1, 2017 by Akua & kwame

[Neevs&day 5]

59 minutes ago, Akua & kwame said:

It looks really positive and I am so happy for you Neevs&daylen, How long were u in AP if u don't mind me asking?

As per CEAC website it still showing me under AP. However I got email for immigration officer to submit passport. It's been a week today on AP.

[Georgia16 2,858]

1 minute ago, Neevs&daylen said:

As per CEAC website it still showing me under AP. However I got email for immigration officer to submit passport. It's been a week today on AP.

Great news! ...