Returning Petitions to the United States via 221g

[Visa4habibi! 0]

I'm officially on my 19th months now since I've filed!!! RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR!!!

[Ahmed & Ella 0]

You can contact the Ombudsman for USCIS regarding the processing time of any case...they can push them to work on it if it is outside of USCIS guidelines.

I suggest contacting them regarding your case. It is ridiculous to have to wait longer than 6 months for a review of a petition that actually expires 4 months from its original approval date. I say...review it or close it already so you can move on to a new petition. Making you wait an ungodly amount of time just because the CO returned it for review with what is probably a flimsy memorandum at best is just unfair...backlog or not!

USCIS OMBUDSMAN

~Kiyah~

OHHHH KIYAH!!!!!!!! THANK YOU SO MUCH FOR YOUR HELP...I LOOKED AT WHAT YOU SENT ME AND IT IS VERY IMFORMATIONAL TO ME.....IM GOING TO LOOK AT ITMORE AND SEND THEM A EMAIL TO SEE IF THEY CAN HELP ME.....YES I HAVE BEEN WAITING FOR VERY LONG JUST FOR THEM TO MAKE A DESICION....AND AT THIS POINT IM GLAD THEY HAVENT EXPIRED IT YET AND ITS GETTING VERY UPSETTING HAVING TO WAIT THIS LONG....OHHHH THANK YOU SO VERY MUCH ..IM SO APPRECATIED TO YOU....ILL LET YOU KNOW WHAT HAPPENS.....ELLA

[mybackpages 0]

I'm officially on my 19th months now since I've filed!!! RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR!!!

[~kiyah~ 14]

Reposting this for a friend in need...gotta figure out how to get this placed at the top as a guide!

Here is what is happens when a petition is returned:

• 221(g) is issued to beneficiary at conclusion of the interview stating the application and/or petition is being returned to the United States.
  
• Petition is returned to the United States by the interviewing consulate for "further review" in what is called a diplomatic pouch.
  
• Returned petition is received by the NVC. It is reviewed and entered into the fraud database by fraud management.
  
• Returned petition is sent to the local service center where the petition was originally filed.
  
• Local service center receives returned petition.
  
• Local service center who processed the original petition sends a notice of receipt to the petitioner.
  
• Local service center reviews the returned petition and consular officer notes on the case.
  
• Local service center then sends either a NOID (Notice of Intent to Deny) or NOIR (Notice of Intent to Revoke) to the petitioner also asking for more proof of the relationship, many cases have specific consular objections to rebut.
  
• Petitioner is given 30-60 days from date of NOIR/NOID (depending on the service center) to respond with additional evidence of the relationship or other specific evidence. The timeframe to respond will be provided in the letter.
  
• Local service center receives evidence...if in the timeframe given (30-60 days) the case is reviewed and either reaffirmed or denied.
  
• If the petition is denied the local service center sends the petitioner an 'official' denial letter. This can be be appealed if the denial letter states such.
  
• If the petition is reaffirmed the local service center sends the petitioner an official notice of reaffirmation.
  
• Local service center sends the reaffirmed petition AND its evidence provided in the rebuttal directly to the consulate along with a recommendation to issue a visa.
  
• Consulate notifies the beneficiary of a new interview date.
  
• Beneficiary has interview for the reaffirmed petition and the visa is either issued, or the case in placed in Administrative Processing which after cleared a visa is issued, or worst case scenario it is denied via 221(g) and returned again to the USCIS.
  

What can you do immediately when faced with this issue:

• Immediately have the beneficiary send a scanned copy of the 221(g) issued.
  
• Contact the consulate directly (immediately) and attempt to have the petition reviewed by the senior consular before it is returned.
  
• If you are unable to get through to the consulate on the phone, contact them via email, and if you're mail has a "read verification" use it.
  
• Contact your congressman/senator, get them involved immediately. You will need to sign a release form giving them permission to make an inquiry on your behalf.
  
• Provide your congressman/senator with as much information as possible about your case, the interview, and the result.
  
• If your congressman/senator is top notch, they will not just send an email or letter to the consulate, they will call on the phone and try to get the petition reviewed again before it is sent back.
  
• If they are not successful, they can request the diplomatic pouch number the petition is being returned in. This number will allow you to track the petition until it is received by the local service center.
  

If you do not know who your congressman/senator is, use the following links to find out who represents your area:

• US Congressional Representatives (By State)
  
• US Senators (By State)
  

If the petition is returned, you are in for a wait. The diplomatic pouch the petition is returned in is sent from embassy to embassy picking up other returned petitions along the way. It could take up to 2 or 3 months for it to be received by fraud management at the NVC...then the NVC has the petition for about 1 month before sending it to the local service center where it was originally filed. One thing to also know is that returned petitions do not take priority...they are reviewed in the order they are received...that is after new petitions have been processed.

What you can do in the meantime while you wait:

• Continue contacting the consulate to get an actual reason for the return...not the blanket "validity of relationship" response.
  
• Stay in contact with your congressman/senator, they can assist you in getting the actual reason for denial.
  
• Immediately file a Freedom Of Information Act request for the Department of State asking specifically for the consular notes on your returned petition: DOS FOIA
  
• Immediately file for a Freedom of Information Act request for the USCIS asking for the same specific consular notes on your returned petition: USCIS FOIA
  
• Continue to document your relationship, emails, letters, phone bills, visits to their country, etc.
  
• Be ready for the opportunity to rebut the consular findings.
  
• Contact a good immigration attorney...preferrably one who has experience in returned and denied petitions.
  

After a period of 6 months or longer has passed and you do not hear anything from the local service center regarding the receipt of your return, or the results of the review, you can contact the CIS Ombudsman. While the Ombudsman cannot make the USCIS reaffirm your returned petition, they can assist when processing times are outside of guidelines

• USCIS OMBUDSMAN
  

Now, there are some differences between returned fiance petitions and marriage petitions. The K1 is especially at risk due to the expiration of the original approval, many returned K1s are not given the opportunity to rebut, they receive a notice telling them their K1 has expired and may file again at any time...this is why the FOIA is so important. You need to know the exact reason the petition was returned, just filing again is a huge risk if you do not know why the petition was returned in the first place.

While the K3 does have an expiration date also, they are treated more seriously. I have not known anyone who has had a returned K3 not being given the opportunity to rebut. Obviously the CR1 does not expire. Still, it is very important to file the FOIA, not every service center will tell you exactly what the consular office findings or objections to issuing the visa are. Some people are only asked to provide more evidence of their relationship.

~Kiyah~

[paisita411 0]

I'm so thankful for finding this thread. I'm on VJ almost 8 hours a day and it took me two weeks to find it. A little late to try to stop things at the embassy level but in time to start making some moves to prepare myself for the "Intent to Revoke" letter. I've read only a few posts, but already I've learned a HUGE amount!!! Thank you all for sharing your stories and experiences.

I've told my story on several threads, so if you're very intersted, visit colombia club in the K3 forum. The details are there. (I'm sorry i'm being lazy)

At this point I've

1. contacted my senator and he has responded with a letter and after a call to his office they have assigned a case manager who was very sweet and told me she has requested the file from USCIS and told me I could call her anytime for updates.

2. interviewd several attorneys who have each assured me that I have an excellent chance at a reaffirmation. Several have said there is no doubt that I have more than enough evidence to prove the validity of my marriage and that the consular officer's questions were 'borderline inappropriate'.

3. i'm STUDYING everyting I can about the process.

4. i've sent in my I-824 (at the suggestion of one attorney) to request that my APPROVED I-130 application be forwarded to the NVC. At best, I'm hoping it will be at the embassy at the same time as my 'reaffirmed' I-129F and that my husband can be issued the Immigrant visa in order to 'make up some lost time' by avoiding the AOS process altogether. I really don't want to end up with an interview prior to the "intent to revoke" evaluation b/c we're almost certain it will be sent back to the NVC as well., but we'll cross that bridge when we get there.

5. i'm requesting all the suggestions and feedback I can get from those of you ahead of me in the process.

Dre

[kerewin21 2]

Thanks for sharing your story Dre. Be sure to keep us posted as there are many in the same situation as you.

[chiquita 0]

I'm so thankful for finding this thread. I'm on VJ almost 8 hours a day and it took me two weeks to find it. A little late to try to stop things at the embassy level but in time to start making some moves to prepare myself for the "Intent to Revoke" letter. I've read only a few posts, but already I've learned a HUGE amount!!! Thank you all for sharing your stories and experiences.

I've told my story on several threads, so if you're very intersted, visit colombia club in the K3 forum. The details are there. (I'm sorry i'm being lazy)

At this point I've

1. contacted my senator and he has responded with a letter and after a call to his office they have assigned a case manager who was very sweet and told me she has requested the file from USCIS and told me I could call her anytime for updates.

2. interviewd several attorneys who have each assured me that I have an excellent chance at a reaffirmation. Several have said there is no doubt that I have more than enough evidence to prove the validity of my marriage and that the consular officer's questions were 'borderline inappropriate'.

3. i'm STUDYING everyting I can about the process.

4. i've sent in my I-824 (at the suggestion of one attorney) to request that my APPROVED I-130 application be forwarded to the NVC. At best, I'm hoping it will be at the embassy at the same time as my 'reaffirmed' I-129F and that my husband can be issued the Immigrant visa in order to 'make up some lost time' by avoiding the AOS process altogether. I really don't want to end up with an interview prior to the "intent to revoke" evaluation b/c we're almost certain it will be sent back to the NVC as well., but we'll cross that bridge when we get there.

5. i'm requesting all the suggestions and feedback I can get from those of you ahead of me in the process.

Dre

Hi Dre

Most likely your I-130 will be sent back to the service center where you filed it. Is it at the NVC now? If not keep processing as long as you can, you will be that further ahead when the time comes for the interview. Otherwise count on it going back. This is the petition USCIS will use for the NOIR.

The most important thing you can do now is continue to gather proof of your relationship. Can I ask you how you know this is the reason for your case being returned?

I dont know if you have read about my situation. In a nutshell it took 18 months to get my husband here after we were deneid the K 3.

MET APRIL 03

MARRIED APRIL 04

FILED I-130.......MAY 04

FILED I-129........JUNE 04

INTERVIEW FOR K 3.....MARCH 05

I-30 REAFFIRMED NOV 05

SECOND INTERVIEW.....MAY 06

SECURITY CHECKS DONE JULY 06

HUSBAND ARRIVED AUG 06

CHI

[gonewiththewind 0]

count me in hope im not too late

[paisita411 0]

Chi.... I just spent the last two hours reading EVERY entry on this thread and it was SOOO cool to find your post at the end.

To answer your question about the denial..the consular officer said that she found inconsistencies in our answers (of 50 or so questions, there were maybe 3 inconsistencies). To me she stressed the online dating issue and the time between meeting on line and marrying (7 months). To my husband she made a big deal of our age difference (10years) and why I didn't meet his parents (he was raised by his grandparents and has little contact with Mom and Dad). I guess we through up several 'red flags'.

Most of the posters on this thread complain about Morracco, but getting a visa in Colombia has been as difficult if not more difficult FOREVER. If you think its hard to travel in this world with a middle eastern passport (any Arab nation), than you now know what its like to travel on a COLOMBIAN passport for the past 30 years. And I've now seen several denials from Bogota for SPOUSES, reaffirming some of the concerns on this thread regarding the treatment of "families" by our own government.

Chi, I'm totally freaked out about your timeline. I can't imagine another 17 months away from my husband! Thank you for your courage in seeing things through and congratulations on your final outcome. That goes for KIVA too and everyone else that is posting in this thread. I've got my FOIA letters ready to mail out.

As far as the I-130, its still in CSC, the I-824 was sent in efforts to get it transferred to NVC, but NOW I almost wish I'd not sent the I-824. For what I've learned from you guys, I've just thrown $200 out the window...(and that under advise from a very good immigration lawyer, what a load of #######)! As I relied on VJ for everything else thus far, I should have done the same on this issue, but the truth is this thread was HARD to come by. It took a lot of searching and reading to find the RIGHT KEY WORDS to find it. Where is it PINNED to? I' just saved the topic on my Favorites.

I have more comments and questions, but I'm kind of sleepy. Good night VJ, thanks Chi for your reply. I'll keep posting my updates as they come along.

DRE

[chiquita 0]

Chi.... I just spent the last two hours reading EVERY entry on this thread and it was SOOO cool to find your post at the end.

To answer your question about the denial..the consular officer said that she found inconsistencies in our answers (of 50 or so questions, there were maybe 3 inconsistencies). To me she stressed the online dating issue and the time between meeting on line and marrying (7 months). To my husband she made a big deal of our age difference (10years) and why I didn't meet his parents (he was raised by his grandparents and has little contact with Mom and Dad). I guess we through up several 'red flags'.

Most of the posters on this thread complain about Morracco, but getting a visa in Colombia has been as difficult if not more difficult FOREVER. If you think its hard to travel in this world with a middle eastern passport (any Arab nation), than you now know what its like to travel on a COLOMBIAN passport for the past 30 years. And I've now seen several denials from Bogota for SPOUSES, reaffirming some of the concerns on this thread regarding the treatment of "families" by our own government.

Chi, I'm totally freaked out about your timeline. I can't imagine another 17 months away from my husband! Thank you for your courage in seeing things through and congratulations on your final outcome. That goes for KIVA too and everyone else that is posting in this thread. I've got my FOIA letters ready to mail out.

As far as the I-130, its still in CSC, the I-824 was sent in efforts to get it transferred to NVC, but NOW I almost wish I'd not sent the I-824. For what I've learned from you guys, I've just thrown $200 out the window...(and that under advise from a very good immigration lawyer, what a load of #######)! As I relied on VJ for everything else thus far, I should have done the same on this issue, but the truth is this thread was HARD to come by. It took a lot of searching and reading to find the RIGHT KEY WORDS to find it. Where is it PINNED to? I' just saved the topic on my Favorites.

I have more comments and questions, but I'm kind of sleepy. Good night VJ, thanks Chi for your reply. I'll keep posting my updates as they come along.

DRE

DRE

I sure did not know that about Columbia. The topic you need is pinned in MENA >>>

http://www.visajourney.com/forums/index.php?showforum=97

The good news is you still have the pending I-130. The K visa's expire after 4 months of approval so you may never hear of it again.

I am so sorry to hear about the ignorant immigration attorney. There are not very many attorney's who know anything about consular returns. There is a very good one right here on VJ. He goes by ellis island>>>>>

http://www.visajourney.com/forums/index.php?act=members

Many of the couples denied in Morocco have retained him. He knows his stuff and he is will not rob you. He will most likely tell you to keep collecting evidence of your relationship.

Another item that is very helpful is to get letters from people who know you a couple from both countries if you can. Have simply state that they know you as a real married couple and what ever other tibbits they want to throw in. For example my sister wrote what an injustice was done to us in keeping us apart. The main thing is to verify you are indeed a real couple and this marriage is not for immigration purposes. Then make sure they provide their address and phone number inticating they are zble to be reached should USCIS have any further questions. They do not need to be notortized unless you want to do that. I would send copies of these letters to the service center where your I-130 is right now. Be sure to put your case number on everything you send. Send it return receipt so you know someone signed for it.

If you have any other proof of your marriage send copies of that as well. Marc Ellis told me to be proactive and this is what I did prior to USCIS reviewing our approved I-130. Since yours is not approved it may well help you a great deal.

I wish you the best and hang in there! There is hope, it will just take time. I know that is not what you want to hear, but this is what we have to do.

You may want to post this link (221g returns) in the forum you use the most for others to read for a heads up in Columbia since it appears approvals are difficult there too.

Oh and by the way, in our case the consular officer denied us due to lack of evidence of our relationship. My husband had lots and lots of proof. The CO NEVER asked for it. Since that happened I always advise all couples to make sure the benificiary tries to offer up evidence several times during the interview even if the CO says it is not needed.

chi

[chiquita 0]

count me in hope im not too late

Count you in? Lol...what did I miss?

chi

Ellis Island >>>>

http://www.visajourney.com/forums/index.php?showuser=6473

[gonewiththewind 0]

count me in hope im not too late

Count you in? Lol...what did I miss?

chi

Ellis Island >>>>

http://www.visajourney.com/forums/index.php?showuser=6473

sorry i guess im late for what kiya was doing and if you go to the first page you would know

[chiquita 0]

count me in hope im not too late

Count you in? Lol...what did I miss?

chi

Ellis Island >>>>

http://www.visajourney.com/forums/index.php?showuser=6473

sorry i guess im late for what kiya was doing and if you go to the first page you would know

Okey dokey then. Still not sure what you are talking about. Been here and read the first page. Oh well.

chi

[morocco4ever 63]

Dre,

I am so sorry to hear of your situation. I have been through it too as well. It took us 15 months from the interview before my husband got the visa, but he is here now and they can never keep us apart again.

Chi and Kiyah are great resources, take their advice. One other note, if you can find a way to document and prove your case about the fact that he hasn't had much contact with his parents. Maybe even a note from family that stresses this.

Good luck, hang in there, and know that there is a light at the end of the tunnel.

[paisita411 0]

I'm posting tonight because I just need a little moral support. Its been four weeks since the denial. I've processed the whole thing and I think I'm finally allowing myself some time to grieve. I'm grieving all of the plans that are now delayed. The moments that we won't share together and the difficult year ahead of us without any certainty to the outcome. It was a beautiful spring day in Georgia and I sat in my room and cried all day because I expected to share this spring with my husband and it won't happen. I'm so angry. At myself, at the system, I don't even know at what anymore. Its springtime and of course wedding season is in full swing. I was planning our wedding for July. My daughter picked the date: July 7, 2007 (07/07/07), she said it would be a lucky number. Now we have to cancel plans and reservations. I'm sorry. I'm venting. I feel so lonely. I feel guilty for not being happy for others, especially those on the VJ Colombia Club where I've been such an active member. I can't even bear to go in there and read anymore. I feel so bad for feeling that way. I feel terrible at myself. I hope that here, some of you can understand how I feel. I'm doing and doing and doing, but today I'm really FEELING like ######. I know this will pass, but for right now I'm feeling raw.

thanks for listening.

dre