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suhridkhan

Refused, or AP ??

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My wife's visa interview was at the US Embassy in Bangladesh on March 18 (see my timeline for more info)

At the interview, the CO determined that we needed a joint sponsor based on my income of the latest filed tax year of 2017 at that time. I had employment letter, pay stubs and bank statements establishing my current 2018 income, but the CO didn't accept any of that. So, we received a 221g, and the case status on CEAC was showing as 'Refused'. We submitted a joint sponsor's documents within a week.

But since then no update at all.

I sent an email to the Embassy to inquire about it. We received the following response -

Quote

We have received the documents that you have submitted via our visa collection center. Now, the case is under additional review. We will contact you with updated instruction once the review is complete. This will take time. We appreciate your patience in this matter.

Does that mean we are under Administrative Processing now?

The last update date on the CEAC case status site is April 1st, and still showing 'Refused'.

Is there anything we can do at this point, or just wait ?

 

 

Edited by suhridkhan

USC, For spouse, April 02, YSC

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5 minutes ago, suhridkhan said:

My wife's visa interview was at the US Embassy in Bangladesh on March 18 (see my timeline for more info)

At the interview, the CO determined that we needed a joint sponsor based on my income of the latest filed tax year of 2017 at that time. I had employment letter, pay stubs and bank statements establishing my current 2018 income, but the CO didn't accept any of that. So, we received a 221g, and the case status on CEAC was showing as 'Refused'. We submitted a joint sponsor's documents within a week.

But since then no update at all.

I sent an email to the Embassy to inquire about it. We received the following response -

Does that mean we are under Administrative Processing now?

The last update date on the CEAC case status site is April 1st, and still showing 'Refused'.

Is there anything we can do at this point, or just wait ?

 

 

Wait and keep contacting.  If it is a denial, you should get something regarding sending the petition back to USCIS.

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A 221g is a refusal of the visa under INA 221(g). So yes, the visa was refused.

That said, overcoming the refusal is certainly possible (and is even common). Provide the requested documentation in a satisfactory manner and it should be overcome.

But yes, you are in AP now. All activities post-interview are part of AP.

There's no steps to take at this point, other than occasionally checking in with the consulate if you desire.

 

If the only issue is the I-864, then they will either issue the visa once that's complete or it will remain refused and they will request another I-864 from a satisfactory sponsor (in addition to the petitioner).

If they refusal the visa for a reason relating to the relationship, only then would they would return the petition to USCIS.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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26 minutes ago, geowrian said:

A 221g is a refusal of the visa under INA 221(g). So yes, the visa was refused.

That said, overcoming the refusal is certainly possible (and is even common). Provide the requested documentation in a satisfactory manner and it should be overcome.

But yes, you are in AP now. All activities post-interview are part of AP.

There's no steps to take at this point, other than occasionally checking in with the consulate if you desire.

 

If the only issue is the I-864, then they will either issue the visa once that's complete or it will remain refused and they will request another I-864 from a satisfactory sponsor (in addition to the petitioner).

If they refusal the visa for a reason relating to the relationship, only then would they would return the petition to USCIS.

Thank you for taking the time to write this thorough response.

At the interview the CO didn't give any impression that there was any relationship issue. Although our marriage was arranged, it's very common in Bangladesh. I visited her once during this period. I am a somewhat devoted Muslim, has beard, and frequently go to the Mosque. I don't know if that would be the reason for AP. Both my wife and I have PhDs in our respective fields, and I work at a US government office, so I hoped that would work in our favor. I was simply not prepared for this additional delay. The uncertainty of the wait is really killing me.

 

 

 

 

Edited by suhridkhan

USC, For spouse, April 02, YSC

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14 minutes ago, suhridkhan said:

Thank you for taking the time to write this thorough response.

At the interview the CO didn't give any impression that there was any relationship issue. Although our marriage was arranged, it's very common in Bangladesh. I visited her once during this period. I am a somewhat devoted Muslim, has beard, and frequently go to the Mosque. I don't know if that would be the reason for AP. Both my wife and I have PhDs in our respective fields, and I work at a US government office, so I hoped that would work in our favor. I was simply not prepared for this additional delay. The uncertainty of the wait is really killing me.

I wish you good luck. If there were no concerns raised about other issues, then I would not anticipate any other issues. It's just a waiting game.

Your religion & appearance won't impact the process. Having a common religion is generally beneficial relationship-wise, but past that, it's not an issue.

Your employment with/alongside the USG won't impact the process either. It's just not a factor for a visa.

 

Best wishes!

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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