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ChrisPapa

My Wife’s Visa Interview Experience – Refused Under Section 221(g) – Seeking Advice

By ChrisPapa in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

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ChrisPapa Contributor

ChrisPapa   4

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Filed: Citizen (apr) Country: Pakistan
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My wife had her visa interview in Pakistan last week. Unfortunately, she was given a white paper stating that the visa was refused under Section 221(g). The Consular Officer (CO) checked the box for "Administrative Processing" and informed her that she needs to wait for further updates.

 

Background:

This is a second marriage for both of us, and we’ve been married for 5 years. During the interview, the CO asked for my divorce documents from my first marriage in the U.S., which my wife provided.

 

Next, the CO requested my birth certificate, but I didn’t have it available. I had assumed that my passport, naturalization certificate, and driver’s license would suffice in place of the birth certificate.

 

Finally, the CO asked for our Family Registration Certificate from Pakistan, which I was unaware of until that moment.

 

As a result, my wife’s visa was refused, and she received the white paper with Section 221(g) and "Administrative Processing" checked.

 

What Should I Do Now?

 

I’m unsure of the next steps to take. Any advice or insights from others who have experienced something similar would be greatly appreciated.

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Boiler Grand Master

Boiler   45,493

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Filed: K-1 Visa Country: Wales
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If they asked for any documents send them in, otherwise you are waiting.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Crazy Cat Grand Master

Crazy Cat   41,846

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Filed: Citizen (apr) Country: Taiwan
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58 minutes ago, ChrisPapa said:

What Should I Do Now?

Nothing, other than giving them what they ask for.  Extended administrative processing is extremely common for Pakistan cases.  AP can be neither waived nor expedited.   You just have to wait it out...or sue.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

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Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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milimelo Veteran

milimelo   4,477

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Filed: Citizen (apr) Country: Bosnia-Herzegovina
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Get them all they asked for. If you married in Pakistan, wouldn't you have the family registration certificate already?

ROC 2009
Naturalization 2010

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ChrisPapa Contributor

ChrisPapa   4

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Filed: Citizen (apr) Country: Pakistan
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13 minutes ago, milimelo said:

Get them all they asked for. If you married in Pakistan, wouldn't you have the family registration certificate already?

 

Yes we were married there. 

I didnt know there was such a thing as Family Registration Certificate until the interview. So I got the FRC and I have submitted it online.

 

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appleblossom Experienced

appleblossom   2,491

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Filed: EB-1 Visa Country: United Kingdom
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43 minutes ago, ChrisPapa said:

I am thinking about waiting 60 days then take the next steps.  Is it better to sue or contact my Senator for help?

 

Suing after only 60 days would be a waste of money, filing a WOM after such a short time would mean the case is very likely to just be thrown out. 

 

Your senator can't help either, AP can't be expedited. So it's just a case of wait and see, and hope that it's not too long. 

 

Good luck. 

Edited by appleblossom
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ChrisPapa Contributor

ChrisPapa   4

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Filed: Citizen (apr) Country: Pakistan
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17 minutes ago, appleblossom said:

Suing after only 60 days would be a waste of money, filing a WOM after such a short time would mean the case is very likely to just be thrown out. 

 

I guess I will just wait then.

 

How long should I wait before filing WOM?

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appleblossom Experienced

appleblossom   2,491

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3 minutes ago, ChrisPapa said:

 

I guess I will just wait then.

 

How long should I wait before filing WOM?

 

The general consensus used to be after a year of AP, but recently even those have been dismissed in court I believe - if you search the forum you'll find some recent experiences.

 

Good luck. 

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