Refused k1 visa could it be mistake ? (merged)

[jan22 3,056]

17 hours ago, Elsalove2016 said:

I just saw it says refused in the website now once I type in the case number . It says to review the paper that was given to him the day of the interview , but the day of the interview they didn't tell him it was denided they just told him to bring court papers which he did 2 weeks later . 

It is not a mistake, but it also is not something to worry about right now.  (I know that's easier for me to say than for you.)  

 

When they need additional documents/information, such as the court papers, the application is temporarily refused under Section 221g of the INA while waiting for that information.  Once the information is received, it will be reviewed and the final decision made.  If the conviction does not result in an ineligibility, the refusal will be overcome and the visa issued.  If it does cause an ineligibility, then the visa will be refused under the appropriate part of the INA and information about the possibility of a waiver will be given.  Right now, you need to wait a bit longer while they review the court information submitted....hang in there!

[Penguin_ie 5,996]

**** Several posts violating TOS and those quoting removed; further admin action taken against one member. Post wiht advice for the Op or do not post. *****

[LionessDeon 2,060]

On 5/22/2017 at 4:27 PM, Elsalove2016 said:

What options does a refused k1 visa have , what can the couple do to be together ? And they te apply again or look for a lawyer ? 

 You have an option for I 601 waiver IF he was found waiver eligible. You could email the embassy and ask that. We were able to overcome a refusal with the waiver.  

[LionessDeon 2,060]

9 hours ago, jan22 said:

It is not a mistake, but it also is not something to worry about right now.  (I know that's easier for me to say than for you.)  

 

When they need additional documents/information, such as the court papers, the application is temporarily refused under Section 221g of the INA while waiting for that information.  Once the information is received, it will be reviewed and the final decision made.  If the conviction does not result in an ineligibility, the refusal will be overcome and the visa issued.  If it does cause an ineligibility, then the visa will be refused under the appropriate part of the INA and information about the possibility of a waiver will be given.  Right now, you need to wait a bit longer while they review the court information submitted....hang in there!

This advice does not sound accurate.  They don't put refused unless it's definitely refused.   In my three years on VJ, I have not seen a case refused to be a temporary status. AP is a temporary status while they look at the documents but refused is not usually temporary.  

[Elsalove2016 34]

12 hours ago, jan22 said:

It is not a mistake, but it also is not something to worry about right now.  (I know that's easier for me to say than for you.)  

 

When they need additional documents/information, such as the court papers, the application is temporarily refused under Section 221g of the INA while waiting for that information.  Once the information is received, it will be reviewed and the final decision made.  If the conviction does not result in an ineligibility, the refusal will be overcome and the visa issued.  If it does cause an ineligibility, then the visa will be refused under the appropriate part of the INA and information about the possibility of a waiver will be given.  Right now, you need to wait a bit longer while they review the court information submitted....hang in there!

The paper work that the embassy requested the day of the interview was sent to the interview and I got confirmation that it was recived and on ceac the status was admistrative process now it says refused I don't know what to do  I have not yet recived a refusal email or letter from the embassy and the case was checked again today but status still says refused .  Could there be any chance whatsoever ever that it might be a temporary refusal ? 

[LionessDeon 2,060]

27 minutes ago, Elsalove2016 said:

The paper work that the embassy requested the day of the interview was sent to the interview and I got confirmation that it was recived and on ceac the status was admistrative process now it says refused I don't know what to do  I have not yet recived a refusal email or letter from the embassy and the case was checked again today but status still says refused .  Could there be any chance whatsoever ever that it might be a temporary refusal ? 

No. It's not temporary.

Email/contact the embassy to inquire if waiver eligible. 

Get congressman help if you need to. 

[Elsalove2016 34]

20 minutes ago, LionessDeon said:

No. It's not temporary.

Email/contact the embassy to inquire if waiver eligible. 

Get congressman help if you need to. 

How can I get in touch with a congressman ? 

[jan22 3,056]

13 hours ago, LionessDeon said:

This advice does not sound accurate.  They don't put refused unless it's definitely refused.   In my three years on VJ, I have not seen a case refused to be a temporary status. AP is a temporary status while they look at the documents but refused is not usually temporary.  

The case is refused under a 221g code all the time it is in AP.  221g shows up as a kind of refusal in the visa system.  Many of the 221g letters even have a note that cautions applicants that the 221g constitutes a refusal for Visa Waiver or other visa application purposes until it is resolved.  

[jan22 3,056]

11 hours ago, Elsalove2016 said:

The paper work that the embassy requested the day of the interview was sent to the interview and I got confirmation that it was recived and on ceac the status was admistrative process now it says refused I don't know what to do  I have not yet recived a refusal email or letter from the embassy and the case was checked again today but status still says refused .  Could there be any chance whatsoever ever that it might be a temporary refusal ? 

It could be another temporary refusal while they review the new information and process the case to conclusion -- but there is no way to tell that now, sorry.  If it is a final refusal, he will be receiving a letter with the reason for the refusal and whether a waiver is available when they return the passport to him -- hopefully soon.  Meanwhile you and/or your fiance should e-mail the Embassy and try to find out the result while also mzInitoring CEAC to see if the code changes again .

[LionessDeon 2,060]

AGAIN, If more documents or review of the case is needed you are put in AP not "temporary refusal".  I think in the OP case it has been determined the refusal IS NOT temporary.

 

OP, you can find your congressman by using Google enter your state name and then the word "congressman".  Their website and contact info will come up. You can PM me if needed.

 

https://www.govtrack.us/congress/members/NY

 

Edited May 24, 2017 by LionessDeon

[Elsalove2016 34]

40 minutes ago, jan22 said:

The case is refused under a 221g code all the time it is in AP.  221g shows up as a kind of refusal in the visa system.  Many of the 221g letters even have a note that cautions applicants that the 221g constitutes a refusal for Visa Waiver or other visa application purposes until it is resolved.  

Update on my case , they said we are eligible for a waiver ... how do those work ? Is it a long process ? I will get a lawyer this time . 

[jan22 3,056]

1 hour ago, LionessDeon said:

AGAIN, If more documents or review of the case is needed you are put in AP not "temporary refusal".  I think in the OP case it has been determined the refusal IS NOT temporary.

 

OP, you can find your congressman by using Google enter your state name and then the word "congressman".  Their website and contact info will come up. You can PM me if needed.

 

https://www.govtrack.us/congress/members/NY

 

Please don't shout (all caps) when you respond, even if you disagre with someone.  Sorry...but your statement is not accurate. There is actually a 221g refusal code entered in the system for cases undergoing administrative processing. The CEAC system is supposed to "translate" that to show it as AP,  but sometimes the officer codes it wrong and sometimes there's a glitch in the system so it shows up just as a refusal.  Doesn't happen often, but is does happen. Based on the original post, there was no reason to assume a final refusal (although additional posts helped clarify the likelihood).  

 

OP now knows the results, which in this case was a refusal, but applicants should not automatically assume anything based on CEAC status...except when it shows "Issued", since that is pretty accurate.

Edited May 24, 2017 by jan22

[Elsalove2016 34]

12 hours ago, LionessDeon said:

No. It's not temporary.

Email/contact the embassy to inquire if waiver eligible. 

Get congressman help if you need to. 

I recived the refusal email today but they said we are eligible for a waiver . 

[LionessDeon 2,060]

6 minutes ago, Elsalove2016 said:

I recived the refusal email today but they said we are eligible for a waiver . 

Oh great news!.  Congressman not needed now.  Begin you research on waivers.  If you plan to use a lawyer, I recommend Lizz Cannon. She is highly experienced and has lower rates than others.  She did an amazing job for us!

 

http://www.visajourney.com/content/records  You can find some waiver info here and at immigrate2us.net

Feel free to PM me.  Our I-601 waiver was approved May, 2016.

[Redheadguy03 505]

So it was because of the robbery charge and now he needs a waiver? 

 

Hope it all works out!