ForumTitleContentMemberSexCountryDate/Time
Waivers (I-601 and I-212) and Administrative Processes (221g)I feel like I have just been hit with a ton of bricks :(
kaushalia,

That's how it was explained to me by one attorney - another attorney gave the option of marriage to "nullify" the first K1.

#1 Attorney said refile immediately - if USCIS approves the second petition [with all the original info and more proof and a cover letter explaining what happened at the interveiw] they are reaffirming the 1st petition [denied by the CO]. The CO at the 2nd interview can NOT deny on the same basis as the 1st interview [given that the denial was not enough relationship proof/lack of bonafides; the 2nd petition's approval proves that USCIS believes there to be a true relationship]. This is a short cut to circumvent the 5 year wait at VSC for reaffirmation/revoke - CSC may be a completely different story. If they DO expire petitions in a timely manner it may benefit you to have the expiration notice before filing again. I'd see if anyone here has experience in that!

#2 Attorney said get married - by no longer being able to marry you have nullified the K1 petition. Refile under the visa that best fits your wants/needs/time frame after the marriage.

Let me also explain that these were 2 of many I researched - just the only ones I felt had the experience to qualify for consultations. I'm still waiting on a few more to schedule consults....


catknitFemaleIndia2009-01-23 13:02:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I feel like I have just been hit with a ton of bricks :(
[/quote]
In some ways I agree with you. It is their job to sniff out fraud. And yes, it is not a right to have to get a visa. And yes, our case had enough red flags that they had to give us a harder interview. No blame for that.

But it seems that they create extra work for themselves and the USCIS with some of their lame practices. They doubted our case based on my husbands sister (long story). If they would have issued the 221g with a request for more information we could have provided it. But they refused to give us the opportunity. This caused an additional 15 months of a wait for us, as well as additional work for the USCIS (as if their workload isn't heavy enough). What we gave the consulate is what won our case with the USCIS. The only thing we added was proof of his sisters marriage. The case was sent back to the consulate and they had to schedule another interview, which backlogs cases even further. My husband got the visa, but what a waste of time for everyone involved.

I suspect that they do see enough fraud however that they just throw their hands up and sends it back thinking that if its real it will come back. In ways I can see their frustration, but it really isn't very efficient in the end.
[/quote]

I think for me it is the inefficiency that truly bugs me! In our case, we were give a laundry list of items to present as "additional evidence" - 80% of which he had on him at the interview-was it looked at? Nope. Part of me thought, ok - they just want to take their time going through the additional evidence. Good, then they will see the 100s of emails, the year of at least daily phone calls, the affidavits of friends and family talking about our relationship...

In hindsight, I realize there is nothing on paper we could have presented that would have made an ounce of difference - had I known what I know now I wouldn't have handed in the 221(g) information without a trip back to India and to the consulate itself first. While still under the first 221(g), we had a year to make our case. With the denial, we are now in lala-land which will just eat up our time and theirs. Plus, the case will be coming back...which form it will take we are still deciding. And it proves your point morocco4ever, the real petitions will come back.
catknitFemaleIndia2009-01-22 21:33:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I feel like I have just been hit with a ton of bricks :(
I concur that New Delhi has issues and agree with kaushalia - It makes sense that there are cultural norms they may be looking for however what does a couple do when they are in a mixed culture relationship?

Rebecca, no worries, no fire started but the amount of frustration and the time lost over the "maybe" of visa fraud for people going thru India is truly upsetting to those of us who had the proof there, in black and white, notarized, with affidavits, etc etc etc but missing parties or missing food receipts or missing pictures of rings or whatever nominal item was said during the interview.

My family would have been majorly confused if I said I HAD to have a formal Indian engagement ceremony [which would be solely dependant on the faith of the SO, the SO's family traditions, etc etc etc - they aren't the norm for all the groups in India]. Should I need to fly over family members to partake in a ceremony that would literally be a dog and pony show for pics? Why should the USC family have to abide by those norms to prove to US agency the relationship is legit if it isn't part of their own culture? And if it is the case - it should be listed - otherwise we are all just taking random shots in the dark.

As to being at the interveiw - by all means, at this point in time, I would say to EVERYONE going thru any Indian consulate - BE THERE! I had a choice - keep my job or go to the interview and I thought I was being responsible by staying and working [because we would have AOS to deal with just down the road - proof of income needed, heck just the fees to pay]. I now realize I chose the wrong option.
catknitFemaleIndia2009-01-22 13:39:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I feel like I have just been hit with a ton of bricks :(
Definitely read up on what everyone is saying about a marriage not necessarily fixing the problem...somewhere is Mark Ellis' article on the snags you can hit with that - I'll find the link and pm it to you.

Also, about marrying in India - have your fiance look into how his local office handles it. Typically [if the office follows the rules] if anyone other than 2 Hindus marry you will fall under the Special Marriage Act. You will need to apply at one of the local offices [MRO or FRRO - I forget which- heck, it may even be both] 30 days prior to the wedding. Supposedly it needs to be both of you in person to do this though I've heard of some people doing the paperwork via mail and having their Indian SO hand it in...I'd be willing to guess it depends on the office, the mood of the officer, etc etc etc. So - you maybe looking at a month in India just to get married.

Let me see if I can get you that article...


catknitFemaleIndia2008-12-30 14:28:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I feel like I have just been hit with a ton of bricks :(
The senate isn't back in session until the 5th I think....but some seantor's websites have an emergency phone line and I would try that.

That's a whole other thing that has me beyond mad too - I can't tell you how many phone calls I've made to my "representatives" that go completely unanswered!

Your email sounds good but don't be surprised if you get a canned answer. I'd call again either tonight or tomorrow night stating you sent an email requesting specific information and that you'd like to speak with a supervisor. Chances are they will send you over to someone else. Then ask to speak with an officer - it's hard to get thru to one but you never know.


catknitFemaleIndia2008-12-30 10:08:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I feel like I have just been hit with a ton of bricks :(
Oh my goodness! I swear the New Delhi consulate is soooooo maddening sometimes.

Look on the 221(g) that your fiance received, it SHOULD say that you had a year to provide the additional information. That date would have been based on his interveiw date. If they did use the 12-4 date as reason for sending the petition back the hard copy of the 221(g) [if it has the 1 year statement] should rectify the situation.

My first thought looking at that number is that it is a phone number - 2419 happens to be the first 4 digits on the IV phone number...unless they were just making something up or by ABSOLUTE dumb luck their diplomatic pouch numbers look like Delhi phone numbers????

Get in touch with you Congressman's office and Senators' offices immediately. They sometimes can keep the petition at the consulate and from everything I've read you want to avoid having the petition returned to the US if at all possible. If they have emergency lines, use them. At least with my Senators, it took numerous phone calls over weeks to get a response.

Also, get your attorney on the phone today!

You're man is right - it is just a stumbling block - a pretty big one - but you'll get thru this!

Start keeping a log of all the phone calls you are making, the name of who you've spoken with, what the conversations were about, and send confirmation emails of what was said. I would document everything possible at this point because you may need it later.
catknitFemaleIndia2008-12-30 08:40:00
Waivers (I-601 and I-212) and Administrative Processes (221g)221.g ineligible
freedom45,

Sorry to hear that your fiancee's interview didn't go well. Seems to happen in Morroco quite a bit. It's very important that you try to have the case stay in Morroco and be readjudicated.

Please also contact your Senators. They may help too.

Please read this thread, it should give you a lot of insight on what is going on.

http://www.visajourn...?showtopic=3896

I'm sure others will be along to help point you in the right direction shortly...


catknitFemaleIndia2009-01-09 22:13:00
Waivers (I-601 and I-212) and Administrative Processes (221g)FINALLY the AP is over got approved in 19 days....VISA APPROVED
There can sometimes be lag between the two offices

You can go to the VFS website and put in your passport number. It should give you a blue dart tracking number and you can see where your passport is - once you have the passport and visa in hand you'll feel a ton better!

Congrats again!
catknitFemaleIndia2009-03-18 12:18:00
Waivers (I-601 and I-212) and Administrative Processes (221g)OUT OF AP!
It's on its way - and that's GREAT!!!!
catknitFemaleIndia2009-04-03 07:48:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Sad in AP
AP [administrative processing] or AR [administrative reveiw] are additional procedures some petitioners end up in post-interview. It appears that certain consolutes or areas frequently place petitioners in AP/AR for countless reasons. The CO may have questions about the validity of the relationship and is therefore requesting additional information; there may be a request for document verification; name/security checks, etc...sometimes additional items need to be handed in, sometimes it's literally a waiting game.

If you look around you'll see that a lot of African consulates, south Asain consulates, Vietnam, Phillipines, and MENA [mid east/north africa] consulates are the most frequent users of this extra process. BUT - it is seen ocassionally in other places too.

Also, recently, NVC has been putting some cases in AP to - NVC used to be a quick stop over for a lot of petitions but many people are waiting many weeks there...

Just look around and you'll get a better picture of what's going on.
catknitFemaleIndia2009-05-02 18:12:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Sad in AP
That's amazing news!!! Maybe you'll be back before I move sad.gif .

Give them what they want and know you're in my thoughts and prayers!


catknitFemaleIndia2009-05-02 17:24:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Please help!!!Denied I130 sent back to the USCIS
Please, please, please talk to at least 2-3 immigration attorneys prior to canceling the petition - if they have a consultation fees, pay it - professional advice at this stage of the game will be priceless down the road.

There are MANY who suggest not canceling you case because of the potential for misrepresentation that may lead to a lifetime ban - obviously it will based on the specifics of your individual case, etc, etc...but before dashing off a quick letter to USCIS that may/may not make things worse, get some professional advice!

Here is an article talking about returned petitions, at least give this a read: http://www.ilw.com/a...0323-ellis.shtm.

As horrible as it sounds, waiting out the readjudication may be in your best interest but please don't just take advice off of a forum online...


catknitFemaleIndia2009-04-19 16:23:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Just received the official USCIS email...
It's gorgeous! Very nice job - and only 6 days until you can wear it!
catknitFemaleIndia2009-02-06 14:41:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Just received the official USCIS email...
And you aren't sharing the pic???????
catknitFemaleIndia2009-02-06 13:25:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Just received the official USCIS email...
The 30 day rule stinks! Can you see if you can give the notice on this trip and have everything ready for the next? I think [could be wrong] that you need to give at least 30 days, not 30 exactly. This way you'll be all set when you return.


catknitFemaleIndia2009-02-05 08:23:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Is there a way to obtain police clearance from multiple countires at once?
That's an excellent question and given her specific background I can see how this seems like a daunting task.

The first thing to check would be if police certificates are even available to former residents of the countries listed. I believe DOS has a page dedicated to countries that will NOT furnish police certificates and they are ok with it [I'd be very, very curious about Burma and the junta and all that].

Maybe a place to start would be the local embassies/consulates for the former countries of residence where you are located. A quick email may resolve your questions in some cases.

Also, check out the portals above - there should be info available there.
catknitFemaleIndia2009-05-26 21:15:00
Waivers (I-601 and I-212) and Administrative Processes (221g)United Kingdom AP
Additionally, there is a large group of Pakistani and Indian origin men in the UK - both are countries that have additional scrutiny - so, if you are a former Pakistani/Indian citizen who immigrated to the UK and then fell in love with a US Citizen....it sounds far fetched but for a lot of the people you see out of the UK on AP many are Pakistani or Indian passport holders.

At least, that's what I've noticed.
catknitFemaleIndia2009-06-11 18:16:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Slightly paranoid
T-minus 24 days! I'm keep flitting between scared and excited and overwhelmed!

I'm trying to cram my life into 2 suitcases but if there was room - I'd squeeze you in!


catknitFemaleIndia2009-06-04 10:56:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Slightly paranoid
You'll be fine! You knew to cross your t's and dot your i's this time. Between the pics, the certificates, etc etc you should have a solid case. I concur with Tammy, it seems super rare for CR1's to have issues. You've been up front about your relationship with the embassy and USCIS from the start...heck they had all of your engagement information! It only makes sense that if you two are a true and genuine couple that the next step would be marriage. There shouldn't be any red flags about that!

So, get cracking on your paperwork tongue.gif !

Oh...and more pics please!!!!

catknitFemaleIndia2009-06-04 09:13:00
Waivers (I-601 and I-212) and Administrative Processes (221g)how is seriously of 221(g) ?
In many consulates you DO get a 221(g) for AP. Many mark that as the disposition with notes stating nothing more is needed at this time and that they will get back to you. Additionally, you can get a 221(g) requesting more information. And, you can get a denial with the case being sent back to the US also showing 221(g).

Read what the paperwork states - we've even had members scan [and black out the appropriate personal information] to get advice on what their 221(g) meant.

If the officer stated that everything was ok and they just need time, then you can assume the visa applicant is in AP/AR - they may be doing name checks, verifying documentation, etc.

What does the paperwork say?
catknitFemaleIndia2009-06-15 18:35:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I got my visa!!!! yipeee
I know the wait was tough on you! Congrats!!!!


catknitFemaleIndia2009-06-22 08:51:00
Waivers (I-601 and I-212) and Administrative Processes (221g)calm me down. 221(g) please
AP or Adminstrative Processing is VERY typical for men out of MENA [Middle East/North Africa] countries as well as some Asians countries. Some applicants wait a few days, some months, some longer. There doesn't seem to be much rhyme or reason to the system [typical names that can cause a hit on one of the security checks may slow AP down].

You did nothing wrong and from your post it sounds like you did an excellent job with your interview. All you need to do is wait at this point...

Depending on the consulate you interviewed with, the members in the MENA forum may be able to give you a bit of a timeline for how long your wait will be.


catknitFemaleIndia2009-06-16 08:00:00
Waivers (I-601 and I-212) and Administrative Processes (221g)GOT MY VISA
Congrats! I wondered when you'd post the news!!!!

Give NJ a big hug and wave from me when you get home...
catknitFemaleIndia2009-08-08 12:18:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Re-Affirmed K1
I totally love having a comrade! devil.gif devil.gif

You'll have a pm coming your way soon enough.

The outside counter is open from at least 8-1. Maybe some afternoon hours too [haven't been there in the afternoon so I don't know]. As long as he has his case number and ID - he should be ok. My only concern would be if they act all sketchy with the "non-traditional" case number.

Since soon-to-be-Mr-Catknit is from Kashmir, there were refusals accross the board by the passport/police to get any documentation done ahead of time, even if we wanted to. Plus, we were going on the assumption [yeah yeah bad of us] that the file returning would be complete.

Sometimes with this process, even with the reaffirmation [which truly is a good thing], I feel so utterly stuck, like I'm spinning my wheels!



catknitFemaleIndia2009-08-20 12:31:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Re-Affirmed K1
QUOTE (hkgaur @ Aug 18 2009, 06:25 PM) <{POST_SNAPBACK}>
My case was reaffirmed on June 5, 2009 and the Embassy received it back on August 10th. As for a new case number, here is my story so far.

I emailed the Embassy to inquire if they'd recieved it back yet twice before they confirmed they had recieved it. The clincher was that in their 2nd, they had given his name right but a totally different case number in that email. So I emailed them again and told them that this case number was not the same case number and if this may have been a mistake on their part.

They emailed me again and told me that they had recieved the reaffirmed petition back along with a new case number.

Here I got more confuse because the letter I got from the NVC only stated the original case number without mentuionaing a new one. So I then called the NVC (today) and they had no knowledge that our case number was changed and that I had to find out what that was about by contacting the embassy.

Of course I did by sending the Embassy another email asking them to clear this up as it is confusing.

Well, by this time I started to panic so called the DOS and spoke to a Visa Specialist there and she said that changing the case number was 'unusual' and checked the status of our case using our 'original case number' and it came up saying that the Embassy had not yet recieved it back yet. Then she checked again using the 'new case' number the Embassy gave me in the email, my fiancee's name. address, and date of birth and it said that it showed that the embassy had mailed the packet 3 to him on the same day they recieved it back (July10,2009) and it appeared that the Embassy was correct about him being assigned a new case number because all information on him matched.

I told her that he hadn't gotten the packet 3 as of today and she said to wait till friday and if he hadn't gotten it yet to contact the embassy to ask that they send it out again.

Anyway this is what's happening with our case.

Please let me know if your case number was/is changed too.

Thanks and Good Luck to you.


Yes, we were given a new case number too. I spent a couple of days at the consulate trying to find out what had happened given NVC told me the file had been sent to New Delhi on July 10th and here it was August 11th and the consulate kept saying "Your case isn't here". So, after literally saying something to effect of "NVC says it's here and you are saying it isn't - someone is obviously wrong - can you look around maybe???".

They gave me packet 3 right there and then. I asked if we could get a date sometime in September since my SO's medical, police cert, and passport office clearnace were still within a year. They scheduled us right away for Sept 4th [so about 3 weeks later]. Let me warn you though, I don't know if we were super special or this is how VSC/NVC is handling re-affrimed petitions. NONE of the supporting documents were returned with our case - all the relationship proof submitted to VFS, the orginial medical, the original police report, the original PCC, affidavits, emails, chats, letters from family, etc etc etc. All they had in front of them was the original packet I sent to Vermont in April 2008.

So, now we are scrabbling like mad and may need to reschedule.

Oh, and the case number is a totally different series than "regular" case numbers. If you look at the interveiw list you'll see that the number series doesn't exactly jive with the current cases...at least ours doesn't.



catknitFemaleIndia2009-08-19 09:35:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Re-Affirmed K1
QUOTE (emt103c @ Jun 21 2009, 12:16 PM) <{POST_SNAPBACK}>
If it's re-affirmed, you're right it should be a formality. Have you heard from the consulate yet? Emailed them? Contacted your Senator? They can sometimes help with speed when all else is approved.

How long has it been? If less than a year you probably won't have to file another affidavit of support and will get the benefit of the old one.

If you already set everything up and don't have a job, definitely take a trip until his interview, with immigration you never know what will happen next or how long it will take.


I've only received info from VSC so far. I'll be calling NVC to see if we have a new case number. Would they even assign a new case number?

I'll get an email out to the Consulate and see what they say - assuming they say something whistling.gif .

The Senator/Congressman thing - not sure what to do about that. I changed states so I have reps.

The original interview was 10-16-08. The case was sent back 1-13-09. The paperwork/physical/reports were all from September 2008. IF things go quickly we should be right under the wire for those things being a year old.

I'm still going, of course - it's just this was such a shock - I truly thought the petition would rest in peace for lack of a better term.

Because my SO is a Kashmiri Muslim - I'm not doubting there could be AP of the name check sort down the road too and waiting out at least some of it together would be smart/comforting.
catknitFemaleIndia2009-06-21 18:19:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Re-Affirmed K1
Ok - I'll admit to posting this almost everywhere I can think of on VJ. But now I realize I want some feed back to help figure out which way to go forward.

Background info - the interview was 10-08, got 221g for more relationship info, got 2nd 221g for employment history, got 3rd 221g denial stating the CO was not convinced of a legitimate relationship as well as the NOA2 being past expiration date.

Last week I filled out the AR11 to change my address on line.

Yesterday, at my new address, I received 2 797s - one just stating that USCIS is reaffirming their previous decision. The second is a newly dated NOA2.

I was quoted a multi-year wait to hear back from USCIS if at ALL. After talking to many attorneys, we decided I would move to India, I would establish residency there, and we would file DCF. One huge advantage would be the CR1 catagory giving us the greencard on entry.

Along those lines, I quit my job [volunteered to quit during a layoff cycle so getting back the job isn't an option], I gave up the apartment [moved today - Uhaul is in the driveway as I type waiting to be emptied] and have my one way ticket to Delhi booked for next Sunday.

I have no idea what to do. Logic says stick with this petition now that we have the reaffirmation - the interview should just be a formality since USCIS has overturned the consulate's findings???? Or, go with our current plans? The wedding in India hasn't been totally planned yet. But our hearts shifted with the denial - he and his family had warmed up to me being there for a year+ while all of this was being worked out.

I have assets to cover the 3x requirement - assuming they allow it.

Or, should I make this a nice long trip but get back and find a job and set up house? I highly doubt a new employer would let me go back for the interview which I would want to do without a doubt. I will NOT put him thru that again alone.

Ack! Help!!!!

Edited by catknit, 20 June 2009 - 11:30 PM.

catknitFemaleIndia2009-06-20 23:29:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Returned K1 -
Regardless of the situation - everyone's future here is up to the mercy of the embassy. Sucks, I know.

AP is usually this on-going process - name checks, in some countries they do home visits, it's just an involved thing. Unless they find some reason during these extra checks there would be no reason to deny. If they find some [the person has a wife in their village at home for example], they will deny based on that - not the validity running out.

Also, on the 221(g) it explicitly states that there is a built in year to respond [though with name check type AP - they say you do not need to respond to them] - so there is another year - unless they find something.

I don't know what happened with the original poster's case but for mine and others I know, we were told we didn't have a bona fide relationship and as such the CO was refusing to revalidate the petition, therefore it has expired.

Does that make any sense? It's pretty convaluted, I know.

You can find your validity period on your NOA2. I guess if you really wanted to find out how far out they extended the validity period on your case you could call - but I'm betting it's 1 year from the date of the 221(g). If you've been calling DOS regularly to find out what's happening with your AP, the fact that it's ongoing means the case is still valid.
catknitFemaleIndia2009-08-22 12:45:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Returned K1 -
Bajih - take a deep breath - I can feel your stress thru the screen.

When the NOA2 approval is granted there is a validity period of 4 months on the approval. If everything is working as it should [NVC is clearing cases quickly, the ability to gather the packet 3 and 4 paperwork, the specific consulate's interveiw schedule, etc etc] a typical case should have no problem making its way from the service center to the visa decision within the 4 months. If, for some reason, you're at a consulate with a huge backlog, a lot of AP, or there are problems with getting the documentation, the CO has the power to revalidate a case thus overriding the expiration date.

Those of us who were unfortunate enough to have "issues" with our cases ended up having the original validity period re-instated as a legal reason to deny and send our cases back to the service center. So, a for example - my first NOA2 was issued on 8-11-08, the validity extended to 12-11-08. We were tied up with requests for additional information/AP from 10-16-08 thru late December. On 1-13-09 we were told we were denied stating the lack of convincing the CO of the relationship AND citing the validity period as justification to close/send back the file.

In the vast majority of cases, including those going thru AP-happy consulates, the date is pushed out as needed.
catknitFemaleIndia2009-08-19 13:35:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Returned K1 -
We had a returned case to VSC also, ours was reaffirmed and sent back to New Delhi. We only found out last week while scheduling the new interveiw that everything but the original petition was "misplaced". Police reports, medical report, passport office clearance, 100s pg of emails, affidavits, etc etc etc were no longer with the petition. If I had to guess, and it's merely a guess, anything that wasn't returned to you when you received your denial goes back to VSC. In our case, our supporting documentation was not sent back to the consulate with the petition because it wasn't part of the original petition. But again, that's just a guess.

Should you worry? It depends on the specifics of your case. Will you be refiling a K1? Or, will you be marrying and going for the CR1? When I spoke to the CO, he implied that K visas get a lot more scrutiny because of all the fraud in the past and hinted that CR1 has a little more weight behind it. Could that have been a New Delhi-centric comment, sure.

What ever the reason for your denial, you need to be absolutely sure you can prove you've remedied it.
catknitFemaleIndia2009-08-17 11:37:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Finally 2nd Interview for Reaffirmed K1 Petition
Have him just do the regular medical exam again - pick any of the consulate approved doctors, the bloodwork, and the xray. My understanding from speaking with the consulate pertaining to my SO was that they need a medical that is less than a year old OR will be less than a year old at time of entry in the US.

The whole statement about medical exam at the bottom is sort of misleading.

Good luck and I'm soooo happy you got your date.
catknitFemaleIndia2009-09-26 09:50:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Help! We are getting the 221g run-around from Nepal.
Wow blink.gif

It appears COs and AP don't need to follow any rules - the "national security" card can be played. However, if you have in writing [like emails that state it shouldn't be a problem to delay sending in his passport] I'd get on the phone with your senator's office ASAP, send them copies of the email [either forwards or faxed copies] and ask them to look into this NOW. If there is a timing issue, expiration dates on name searches, or whatever - you want to make your case now and not be placed on some liaison's to do list in the next 10 days.

Good luck and please keep us updated with your case!

catknitFemaleIndia2009-10-04 12:33:00
Waivers (I-601 and I-212) and Administrative Processes (221g)After 22 Long Months
I knew it! I was going to message you on FB to see if they had done anything yet...because timewise it was time, you know [like 22 months isn't enough freaking time as it is].

CONGRATS!!!!!!!!!
catknitFemaleIndia2010-02-05 15:04:00
Waivers (I-601 and I-212) and Administrative Processes (221g):o AP 221g and Visa Interview
Wellmux,

AP can be complicated - so people unfortunately need to wait weeks, months, and in some cases years. The good news is that ISL is moving much faster than they had been only a few months ago.

Try to call DOS weekly and email the embassy weekly for updates. AP is usually just a waiting game.

We all know how long and stressful this process can be, you need to be mentally prepared that it could realistically be months until you have visa in hand. Each case IS different, maybe you'll be a lucky one and clear faster.

Best of luck!
catknitFemaleIndia2009-10-03 10:27:00
Waivers (I-601 and I-212) and Administrative Processes (221g)CR1 visa denied after 4 month wait mandatory process
Gaining citizenship through the first marriage is a huge red flag.

Is your attorney an immigration attorney? You have a HUGE uphill battle. Maybe someone else with more experience can chime in but I'm not even sure if the case will be reviewed by USCIS given the fraud finding.

Possibly, you may have the option to refile but again if USCIS does not review the case - I can not stress this enough - you need to consult with a VERY well versed immigration attorney. Heck, even if they do review the case and you end up with a NOIR/NOID have a STELLAR attorney waiting in the wings to help craft your case.

Look, I get that the 1st marriage may have been legitimate - maybe your exwife is crazy and decided to spout off to the embassy or dhs or dos that you were just using her for citizenship to bring over your true love...but the potential of that happening needed to be addressed from the get go in your case. You're claiming she's tried to kill you ect - had I been in your shoes, knowing that Delhi is a tricky embassy and all Indian consulates are considered high fraud - I would have front loaded the file like nobody's business - with police reports, restraining orders, FIRs, the whole thing. You truly want to present all the information you can for the embassy to see what happened. [Good all "hell hath no fury like a woman scorned" and all that, if this was the case who knows what she may have claimed or said]....

On the flip side, if you in fact did use your first wife to gain citizenship - well, that's immigration fraud. You may have additional issues to deal with down the road.
catknitFemaleIndia2011-06-24 14:50:00
Waivers (I-601 and I-212) and Administrative Processes (221g)CR1 visa denied after 4 month wait mandatory process
How did you obtain your citizenship? This may help unravel the mystery. New Delhi's fraud unit typically crosses their t's and dots their i's when it comes to this type of denial. Were family members in India called and asked about the marriage? Was there a home visit? Was your marriage a gala affair or a quick civil ceremony? Also, is anyone divorced or have children from a previous relationship? Is anyone a widow/widower? At the end of the day all the stuff about your relationship needs to make sense in the CO's eyes.

It would [potentially] make sense if say - you immigrated to the US as a dependent of your father who got a green card because his brother sponsored him years ago and finally your immediate family made it over - then you were able to naturalize. Your family still had connections back to you area [city or village or whatever] and the brother said your marrying age and so-and-so's daughter is too. We've run the astrology charts and you two would be an ok match, etc etc etc - Here's her phone number - typical arranged marriage. But, then the consulate/CO would look for documentation of the meeting, the engagement ceremony/ceremonies, the wedding cards, the wedding stuff [all 2-3 days worth], etc. That to the CO is a traditional arranged marriage, whether or not you agree with it...Running to an office and signing off on marriage paperwork and moving her into your family's flat/house after without all the "tradition" would make for a hard case. Just being in India doesn't prove the case...did you go to the interview with her?

Are their more details you can provide???
catknitFemaleIndia2011-06-21 10:59:00
Waivers (I-601 and I-212) and Administrative Processes (221g)221(g) issued on time of interview.....
That is excellent news! Congrats!
catknitFemaleIndia2009-03-18 07:40:00
Waivers (I-601 and I-212) and Administrative Processes (221g)221(g) issued on time of interview.....
I know that this entire process can suck and is very very frustrating. I can't imagine what it would be like to be away from your daughter for such a long time. There are many cases here of people who do hand in the reqested paperwork and they get the visa within a few weeks - so not all hope is lost. It's just another (annoying) hoop to jump thru. You are so close to the finish line in this, so don't give up!

I think I follow now - you are the husband and the beneficiary? And your wife is the petitioner and USC? I take it she was living with you for awhile recently in order to be able to apply as DCF? Was she at the interview?

Try to make the affidavits as thorough as possible - I don't think there is any harm in adding additional photos if you have them. Do either set of parents have an issue with the marriage? If not, having them make statements will be quick and easy. Just be honest and tell your story.
catknitFemaleIndia2009-02-10 18:25:00
Waivers (I-601 and I-212) and Administrative Processes (221g)221(g) issued on time of interview.....
Hi Ken,

Sorry to hear about the 221(g) - it's been happening a lot lately with couples going thru New Delhi.

What exactly are they requesting for additional information? There should be a list on the 221(g). Please try and make sure you have everything listed or valid reasons for not having items listed. Were you present at the interview? Failure of the petitioner to be at the interview appears to be a common feature with those of us that have had the 221(g) issued.

From what has happened in the last few months it seems that the passports are returned in as little as 2-3 weeks up to 2-3 months. BUT, there are members here who have returned additional proof and have been waiting 6+ months too.

There is a form that can be filed if you need the passport back while the administrative processing in occuring - ask either VFS or the embassy.

If you are in India - I'd be at the embassy asking to speak with a CO, see if that helps.




catknitFemaleIndia2009-02-10 13:30:00
Waivers (I-601 and I-212) and Administrative Processes (221g)221(g) at Delhi Embassy
The consular officer has the ability to extend the expiration date. It is at their discretion. For a simple paperwork issue like this, the date is usually extended.

Because you had missing vital information [the birth certificate] they can not at this time process the visa. The good news is that this should be easy to fix! Once you have the affidavit fixed, drop what is asked on the 221(g) at VFS. It appears the usual turn around time is a few weeks to get the visa once that occurs.

He was given a "soft" denial for something that you CAN fix. They will be able to give him the visa after they get the birth affidavit. As long as the birth certificate is the only issue, they will not need him to go back to the consulate. They will just confirm the affidavit, print the visa, and send his passport back via bluedart.
catknitFemaleIndia2012-02-08 09:05:00