(this topic has also been posted in DCF forum)

Hi again,

i recently posted about a 221g at the Embassy where they requested more police certificates from my wife. the original topic can be found here. http://www.visajourney.com/forums/index.php?showtopic=110416

The original denial letter read as follows:

Dear -------
this office regrets to inform you that it is unable to issue a visa to you because you have been found ineligble to receive a visa under the following section(s) of the immigtation and naturalization Act. X section 221(G) which prohibits the issuance of a visa to anyone who fails to present the documents requested in connection with this visa application.... etc. etc.. etc..et..
You have been founf indligible under there grounds becaise:
1. please obtain a police certificate from Denmark
2. Pending police certificate from the netherlands
3. Pending adminstrative processing.
once the above items are provided we will review your case. If all documents are in order your visa will be issued and mailed to you by registered mail.

A few days leter i got a call from the university in the netherlands that i was a visiting student at. The adminstrator told me that the US embassy in Sweden had called her inquiring if i was actually there and the requirements of my program, and asked her to read a list of all the students presumably to make sure that my wife was indeed doing the same program.

a couple of days after that i got an email from the embassy stating:
"Dear -----,
Our office would ar like to ask you to provide us with the following:
We would like you to fill out a new and updated version of the form G-325A. The version we received when you filed the I-130 petition does not state that you have been studying and residing in the Netherlands. Please remember to sign the form before you mail it to the embassy. Also, list the address/addresses where you were living while residing in the Netherlands. "

They also sent a similar letter to my wife stating:
"Dear ---,
We have received your Danish police certificate and we are still waiting for the Dutch police certificate.
Meanwhile our office would like you to fill out a new and updated version of the form G-325A. The version we received from you when your husband filed the petition does not state that you have been residing in the Netherlands and is also listing that you are residing in Norway at the moment.
Please remember to sign the form before you mail it to the embassy.""

This whole "residence over the last years" has been a bit confusing to us as our situation is unique as we are both graduate students and have spent 1-3 months several times at universities all over the world as part of our program but remaining remained as a full time student at our home university.

My wife and I both sent them a letter asking for clarification as it is difficule for us to inptepret what they want. We both received similar replies.

"Dear Mr. ---,
We are sorry about the confusion regarding the residency question. When we ask you to list where you have been residing we want you to list all addresses where you have been living. Residency in this context basically means where you spend the night even if it is for a 3-month exchange. So please list all addresses you have been living at no matter if you have been registered with the authorities in Sweden."

I guess my big question here is why exactly they would want a new copy of g325a? Wasent this step presumably over with when the i130 was approved and my wife scheduled for interview??

Please share any input you may have.

Thanks.

Please see bolded, highlited sections. The answser to Why you're being asked to complete the biographic form again is in the letters sent to you by the consulate. Apparently, you did not list all your addresses in your initial G325A form. When you filed your I-130, as you did not understand the instructions, you ommited some information, they now want you to fill this out correctly and send it to them. If you had completed the form correctly, you would not now have to do it again. That is why the form is completed in quadruplicate, because each place your file "visits" as it makes its way to the consulate, retains a copy of the G325A.

Good luck,
-P

Im my opinion, it is a bit extreme to ask for all places you've been if they are for less than a 6 month period....

However, Consulate officers can ask for more information at the interview stage if they deem it to be relevant.
I.E. my Affidavit of Support was sufficient for the USCIS & NVC, but the Consulate Officer insisted I get a Joint Sponsor anyway.

The Consulate has the power to "raise the bar" and make you jump through extra hoops to get approved.

Sit down and recollect all the places you have been in and write them down with dates and submit it to the consulate.

I think you only need police clearances for places you lived for six months of longer. So you hopefully, you won't need to get clearances for all those short term study abroad stints.

Hi all,

My wife spoke with the embassy today and they said that they have received everything that they requested and need and that the application and her passport are sitting on the consulars desk for him to make his decision. I think and hope all will be fine and her passport and visa package will be sent out shortly.

However ones mind cant help but wander during times like this think of best and worst case scenerios.

Here is a question.

If for some reason he is not satisfied, what happens next. I understand that in the darker 221g cases the application is sent back to the uscis center where the petition was originally approved, people wait for a NOID etc. etc..

Since ours was filed directly with the consulate and they are the ones who initially approved the i-130, how would that next step work in our case?

Thanks.