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Posted

Hello 
After having my interview in Jerusalem in November I thought everything was smooth. We were told everything was fine. We were given a form 221g and told to send the required documents as well as my souses passport. We gathered all the documents and passport and sent it to them.  It’s been over 2 months and no word. I recently found out I can check the status of the visa. So I checked it and It has a refused status. Devastating news. I didn’t know if it was refused because the documents haven’t been updated yet or because something was wrong. So I decided to email the embassy to find out what was going on. After a couple days I received this response “ 

Dear Sir,

 

Section 221(g) of the Immigration and Nationality Act (INA) prohibits a consular officer from issuing a visa to an alien if the consular officer has reason to believe that the alien is ineligible.  Based on indications that your petition contains inaccurate information, we are returning it to the United States Citizenship and Immigration Services (USCIS) of the Department of Homeland Security (DHS) for review and possible revocation.  If USCIS determines that the information we are providing would provide a sufficient foundation for initiating revocation proceedings, it will send the petitioner a notice of intent to revoke that includes a statement of the facts and evidence, and you will have the opportunity to respond.  Under INA 222(f), which addresses the confidentiality of visa records, we are unable to provide any further information.

 

We did not provide any inaccurate information. I’m just wondering why they would make us send her passport in only for them to keep it with them for months and tell us it was refused? At the embassy the interviewer told her everything is fine and once we receive the documents we’ll send your passport and visa back in the mail. Please someone help me!

Posted

What visa is this for?

 

Presumably, they discovered something during AP/final checks that made the petition invalid.

The type of visa that was applied for would tell me the petition, which may or may not lead to some possible causes of it being sent back for revocation. It will also determine what the possible next steps are.

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

 

Posted

Alright.

First step is to try to figure out what on the petition could be incorrect.

The most common causes for a spousal petition would be if the marriage is not bona fide, the marriage is not legal (i.e. if a prior marriage was not fully dissolved beforehand), etc.

Do you have any red flags (difference in languages, ages, religions, etc.)? How much time have you spent together in person?

 

What will happen with a returned I-130 is it will go to NVC, then back to USCIS. USCIS will either reaffirm the petition outright or send a Notice of Intent to Revoke (NOIR).

The NOIR will list the cause/causes that they intend to revoke the petition. You will have a short timeframe to rebut/respond to this. Be sure to respond to every point on it and provide evidence as available. Once USCIS gets the NOIR response, they will either reaffirm the petition or revoke it.

If revoked, you need to fix the issue(s) then you can start over with a new petition.

If reaffirmed, it will be sent back to NVC then to the consulate again. A new medical, interview, etc. will be needed. They are not supposed to refuse the visa for the same reason with the same evidence.

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

 

Posted
27 minutes ago, Ayoubsaid said:

Our marriage is 100% authentic and real. We were engaged for 8 months then married and living together for over a year and a half. Language religion age is all the same. Is there anyway to be updated on what’s going on?

Did you show evidence of domicile/intend to establish domicile in the USA?  

 

Posted
2 hours ago, Ayoubsaid said:

My brother made me a lease stating that I would be renting a room from him. Also proof of job applications. I also am currently living in the state’s as well I have been here for 2 months.

Huh?  How are you allowed to “live in the states” without the visa?  Is your brother your petitioner?  Something is off here.

Filed: Citizen (apr) Country: Iran
Timeline
Posted

Sounds like the OP is the USC and his wife is the intending immigrant. He moved back to the US prior to her visa being issued.

Something was found during the background checks that didn't match what was on the visa application. Could be a lot of things, a job not mentioned, military service not disclosed, prior marriage not mentioned, etc. You will have to wait for the letter.

Posted
4 hours ago, Ayoubsaid said:

My brother made me a lease stating that I would be renting a room from him. Also proof of job applications. I also am currently living in the state’s as well I have been here for 2 months.

Where are you/where's your spouse? You said you were living together? 

 

Are you trying to reunite with your brother, or your American spouse?

Posted
2 hours ago, Lemonslice said:

Where are you/where's your spouse? You said you were living together? 

 

Are you trying to reunite with your brother, or your American spouse?

I am in the US my wife is in Jerusalem. I have only been back in the states for 2 months. After my wife’s interview at the embassy and the officer pretty much telling her everything was good to go I decided to head to the states before my wife to get us settled in quicker. 
 

So no one is confused I am an American citizen. I am petitioning for my wife. We  lived together in Jerusalem, except the last 2 months. 

 

Posted
3 minutes ago, Ayoubsaid said:

I am in the US my wife is in Jerusalem. I have only been back in the states for 2 months. After my wife’s interview at the embassy and the officer pretty much telling her everything was good to go I decided to head to the states before my wife to get us settled in quicker. 
 

So no one is confused I am an American citizen. I am petitioning for my wife. We  lived together in Jerusalem, except the last 2 months. 

 

To avoid confusion in the future please fill out your profile and your timeline.

 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Posted
4 minutes ago, Ayoubsaid said:

Does anyone know why the requested my wife’s passport along with the missing document on form 221g

presumably to put a visa in it.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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