K1 visa administrative processing

[slherbin 3]

My fiancee went for his visa on January 4 2017 and was denied due to 221g, and was told that the petition would be sent back to the us, later we received an update that the petition is still with the embassy and the status changed to administrative processing.  Has anyone had similar experiences?  is it even possible to get a visa after 221g denial?

[PrincyE 87]

3 minutes ago, slherbin said:

My fiancee went for his visa on January 4 2017 and was denied due to 221g, and was told that the petition would be sent back to the us, later we received an update that the petition is still with the embassy and the status changed to administrative processing.  Has anyone had similar experiences?  is it even possible to get a visa after 221g denial?

Did they tell him why he was denied ? what questions did they ask him? and what evidence did you guys submit?

[Ebunoluwa 6,136]

It can go either way.

 

One, they changed their minds and are doing an investigation rather than returning the petition or they plan

on returning it which also takes administration processing (paper process).

221g is not a reason, it is a sheet of paper given to the applicant and lists a reason(s) for the refusal and sometimes it doesn't.

It is also given when going through AP or when more documents are requested and when a case is refused.

The questions asked / statements made would be a clue to the reason(s) you will need to know.
Ghana sits on petitions they intent to return for about 6 months and call the "sitting process, the lingering to return it" AP.
So it is hard to say what they will do, it could go either way, mostly these cases gets returned when deemed refused and then

updated as AP.

 

 

[desilove77 45]

We need more information. . What was checked on the 221(g)? Many ppl get these denials at end of interview (high fraud countries are one in particular)

1. It could me that u have missing documents that need to be forwarded to the Embassy. 

2. It could mean u are put on Administrative processing (very

common in high fraud countries)

3. It could be 1&2

 

Please take a look at ur 221(g) form and it should give u information on how to proceed. Also, alot of the 221(g) are eventually approved depending the situation.  Goodluck to u😉

[slherbin 3]

they said we are trying to conduct shameful marriage because I am sevaral years older, they have not requested any back up documentation, and all I get are standard replies when I email the consulate.

[JJ&LK 7]

4 minutes ago, slherbin said:

they said we are trying to conduct shameful marriage because I am sevaral years older, they have not requested any back up documentation, and all I get are standard replies when I email the consulate.

Hi there, 

 

I'm sorry to hear about your troubles. USCIS doesn't usually deny an application just based on the age of the applicants. Their decisions aren't that arbitrary. Do have any more information? 

[Ben&Zian 4,398]

3 minutes ago, slherbin said:

they said we are trying to conduct shameful marriage because I am sevaral years older, they have not requested any back up documentation, and all I get are standard replies when I email the consulate.

 

So they did not believe you had a real or genuine relationship basically..

 

If it was denied, then you need to specify some specific information regarding your situation so you can better address the issue if you were to either try for another K-1 or if you considered going for a CR-1 as the same issue now could just come back up again.

 

What is the age gap? Female is older? Length of relationship? How many visits? Length of visits? Does one of you have kids? If so do the kids have a relationship with the other person? Family acceptance?

 

Again from a high fraud country these are all factors that are heavily weighted by the CO's, as well as other things too.

[Ben&Zian 4,398]

Just now, JJ&LK said:

Hi there, 

 

I'm sorry to hear about your troubles. USCIS doesn't usually deny an application just based on the age of the applicants. Their decisions aren't that arbitrary. Do have any more information? 

 

Correct, USCIS does not care.. they were at the interview phase, there the CO can "judge" off that but it generally also includes a couple other factors that stand out that are not 'cultural norms'. The reason for denial would not state "age difference" but more that they don't believe the relationship is genuine. High fraud countries especially are scrutinized.

[slherbin 3]

I am more than 20 years older, we have met in person twice, last year I was there for 11 days, and I visited again this year for 10 days, the petition was approved by the uscis with no problem, we have submitted all the requested docs, the 221g form that he was has was not very specific, I sent an email to the embassy with update of our new meeting in April and asked if there is anything else that I need to submit but I have not heard back from them, I check the case status daily, after my first email May they updated the status date to the day I sent the letter.  this is very frustrating,.  I do understand that in high fraud countries they scrutinize more and also we have the age factor, however, I would rather know one way or the other so that we know how to proceed.

 

[Ben&Zian 4,398]

10 minutes ago, slherbin said:

I am more than 20 years older, we have met in person twice, last year I was there for 11 days, and I visited again this year for 10 days, the petition was approved by the uscis with no problem, we have submitted all the requested docs, the 221g form that he was has was not very specific, I sent an email to the embassy with update of our new meeting in April and asked if there is anything else that I need to submit but I have not heard back from them, I check the case status daily, after my first email May they updated the status date to the day I sent the letter.  this is very frustrating,.  I do understand that in high fraud countries they scrutinize more and also we have the age factor, however, I would rather know one way or the other so that we know how to proceed.

 

 

If it was a denial during the interview, not just routine AP, two things stand out about the info you just gave. 

 

First, the 20 year age gap which is probably not common for Ghana, especially the male being younger...

Second, only 1 visit. In high fraud countries that can be seen as a big negative. Generally 2-3 long visits are recommended. The second visit, while being more recent is good, probably is too late to have an affect on the interview done in January.

[slherbin 3]

Yes, I do understand all that you have said, we still have options, as I am not going to enitirely put my happiness in the hands of the consulate, hopefully they can realize that no one would put themselves through this humiliating process if they didnt sincerely want to be together.  Jah will make way.

 

[Ebunoluwa 6,136]

As I said Ghana is known to keep refused petitions at the embassy for about 6 months, then return them to USCIS, they

will not be reviewed and will expire so you have to either file another K1 and overcome the reason for refusal or marry in Ghana

and file a CR1.  Frontload you next petition with quality relationship evidence and address the reasons for refusal/return

in a letter when you file again. You should also watch ceac site for updates which will likely switch from AP to refused but they don't

update all the time. You can contact your senator in about a month to inquire where your petition is and if it has been returned

or if it is in background checks. My hunch is that it will be returned from what you posted.

[Sackeys_2016 12]

I will advice u drop it and get married and apply for CR1(Spousal Visa) 

[ceeeceekins 16]

It would probably be better to reapply with a CR-1 after marriage.... spend more time together and do more visits. The evidence has to be over the top strong since it seems they doubt the validity of the relationship, most likely from the age difference or It could even be the circumstances on how you met. Keep up hope, it's all a long tough process. Best of luck!

[ernestadkins 3]

Hello,

 

My fiancée had her interview at AIT, American Institute of Taiwan, last Wednesday and was told everything is okay.  She left her passport with the interviewer and we we're expecting the visa & passport to arrive by today.  I just checked the website and it says the application is under administrative processing.  What does that mean?  I've emailed and called but no response.  We need some answers.  She has filed her resignation and we bought her plane ticket based on that information.  She was not given a 221g.  In fact, the interviewer said life in America is much different but she should do fine then said all is okay.  HELP???