221g Denial

[Moca_Madness 12]

Can anyone tell me the basis of 221g denial? And what are the next steps?

[Ahmed&Freda 628]

16 minutes ago, Moca_Madness said:

Can anyone tell me the basis of 221g denial? And what are the next steps?

Basis?   Sometimes with a K-1 you never really find out why but you should be able to guess with how the interview went.   Was the passport returned and 221g denial letter received?  It should explain that the case would be returned to USCIS.  After it is at USCIS for sometime you may get a letter that the petition has expired but it won't have details to what lead to the returned petition.  

 

If your case is in fact returned the only option (if you want to move forward with the relationship) is to Marry and file a Cr1.  If you have any idea why the petition was refused be sure you are able to overcome before refiling as it will most likely come up again.  You may also want to cancel the K-1 if it doesn't expire by the time you refile.

 

You can attempt to file a FOIA requesting the embassy notes but there is no guarantee you'll get the answers you are looking for.

 

Hope that is somewhat helpful!

[USS_Voyager 1,972]

1 hour ago, Moca_Madness said:

Can anyone tell me the basis of 221g denial? And what are the next steps?

Basis?

 

A visa denial under section 221(g) of the INA means that the consular officer did not have all of the information required to determine if you are eligible to receive a visa. This means you are not eligible for the visa now, but your case is pending further action for one of the following reasons:

 

       a) Your application is incomplete and/or further documentation is required - Applicants whose application forms or other documentation are incomplete are refused. If further documents are required to complete your case, you will be informed what is needed and how to provide it to the embassy or consulate. You will also be given a letter stating your application has been denied under 221(g) and listing which documents you need to provide.

 

       b)Administrative processing - Further administrative processing of your application is required before a decision can be made regarding your eligibility for a visa. You will be given a letter stating this and next-step instructions after the administrative processing is complete.

 

In layman's terms: 221(g) means they can't make decision, yet, because:

 

      a) You're missing a piece of document

      b) You're not missing anything, but they need information from other sources about your case in order to make a decision. 

 

Edited December 23, 2019 by USS_Voyager

[geowrian 22,337]

INA 221(g) covers any visa application that does not conform to the requirements of the INA. Basically, it's an incomplete application.

This is by far the most common reason for a refusal of a K or immigrant visa.

 

As for how it's incomplete, that covers a very broad spectrum of possibilities - missing documents, verification of documents, an invalid petition, background checks incomplete, etc.

It's also called a quasi-refusal or "soft refusal" as it is common for them to be overcome (usually by providing said documents or waiting for them to complete their verification/checks/whatever).

 

The one condition to watch out for for a K-1 visa is the petition being returned to USCIS. A 221(g) covers that (invalid petition), and that is basically a death mark for a K-1 as it will sit to expire by policy.

Edited December 23, 2019 by geowrian

[designguy 1,179]

What exactly did the form say that was given to you?

[Moca_Madness 12]

This is what the letter said:

 

This office regrets to inform you that your immigrant visa the petition application is refused because you have been found ineligible to receive a visa under the following section(s) of the immigrantion and nationality act.

221g - Return of the petition to USCIS- petition no longer valid. We are returning to the USCIS because the petition is no longer valid and the consular office has declined to revalidare the petition. Please contact USCIS for further instructions.

[Crazy Cat 41,982]

7 minutes ago, Moca_Madness said:

This is what the letter said:

 

This office regrets to inform you that your immigrant visa the petition application is refused because you have been found ineligible to receive a visa under the following section(s) of the immigrantion and nationality act.

221g - Return of the petition to USCIS- petition no longer valid. We are returning to the USCIS because the petition is no longer valid and the consular office has declined to revalidare the petition. Please contact USCIS for further instructions.

Sounds like it expired, and the consulate has chosen not to extend it.........time to refile from the very beginning.....or marry and file for CR-1...  I recommend the CR-1.....

Edited December 23, 2019 by missileman

[Moca_Madness 12]

That is crazy! We had our interview on the 26th of November. They requested more information on that date. We had the information in on December 4th. Literally one week after they requested it.

[Liam2021 583]

I think they denied your visa and since the visa expired, CO used it as a excused. Just think about your relationship, how long you know each other, how many time you meet...etc

[Crazy Cat 41,982]

9 minutes ago, Moca_Madness said:

That is crazy! We had our interview on the 26th of November. They requested more information on that date. We had the information in on December 4th. Literally one week after they requested it.

What did they request, and what did you submit?

 

You might consider getting married, and spending a LOT of time together before and during the CR-1 process.

[designguy 1,179]

Based on that the K1 is dead

[Moca_Madness 12]

Ugh.. This is crazy! Now we got to start all over again. And I just started a new job! This is all bad. Timing is the worst!

[Crazy Cat 41,982]

5 minutes ago, Moca_Madness said:

Ugh.. This is crazy! Now we got to start all over again. And I just started a new job! This is all bad. Timing is the worst!

Another K-1 or a CR-1?

[Moca_Madness 12]

We met two years ago I’ve been to the country 5 times. Our relationship is legit! I know that a person spent 8 hours with his fiancé before he asked the question and they gave him the damn visa. 

[Pitaya 2,577]

6 hours ago, Moca_Madness said:

Can anyone tell me the basis of 221g denial? And what are the next steps?

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-denials.html

 

Found through a simple basic Google search using the search terms: "221g visa denial". Google can also be your friend. 

 

Good luck on your immigration journey, Happy Holidays!!