YAAY! I haven't even noticed......

Hair pins, bobby pins, stick pins, bowlin' pins, ink pens....... As long as its pinned..... Good work!!!!!!

Limah

hello there i think i fit in here with all the rest of you for i have been waiting over a year with a 221g......

Why do you think you got the 221 G if you do not mind me asking.

my fiance got the letter of 221g i dont know why he got it...all i know is that they wanted more proof of our relationship..my fiance was very nervous in his first interview.... do you know something i don't?????

Just curious there could be somethings that maybe you think it is. The reason why it was returned. I am hearing from a lady that sometimes it is best to just withdraw a petition and refile. You are through Vermont right? I got an email telling me that the got the case back. I am getting ready for the big one. Chia, and others that did the rebutall it would be good if you guys can post your letters to the various agenecies you wrote and also the rebutal letter. I am getting ready to start mine and maybe I will share it on here. Ahmed&Ella will you show us or tell us what you sent to them.

when he got 221g letter they told him that they needed more proof of relationship like i told you...are you asking me to tell you what i sent for proof... well i wrote a letter telling them how real our love was and that age is no matter when you really love some one ans sent them all our conversations on the computor and more pictures,and phone bills and letters he wrote in the mail...everything i could possibily think of to show that we were continuing our relationship....yes i am through vermont..annd im being told that some officer has it, along with alot of others..sitting on his desk..waiting to get processed to get sent back to casablanca....but just have to wait for this to be done.....

Ahmed&Ella I am not sure if you sent it to the embassy or the service center. So it id was teh service center then I am curious about the letter. The letter is important and you said that you did not know why they denied you and then you say you spoke about the age difference. This was the question I was asking, what you thought there reasons where and what you said. I think it would be cool to see what some people wrote. I guess because this is the denial trend, it would also be cool to make good use and we can tell our stories and also why we thought we where denied and what we have been doing and what we did. This would be good for the trend.

yes when they asked for proof i sent it back through vermont and on to casablanca...i never got anything saying we were denied.....just saying it was sent back for further review......everyone keeps thinking we were denied...theres nothing saying we were denied.........

This is the slang language we know you where not denied. Casablanca can not deny unless it is something crazy, like medical or k-1 now married type of stuff.

thank you

I would speak to an 'experienced' immigration attorney before voluntarily withdrawing any returned petition and just filing a new one.

1. What ever the reason(s) for the return are need to be addressed, they will not go away by just filing a new petition.
2. When the consulate returns an approved K1 petition to USCIS, they will put a 212(a)(6)( c )(1) misrepresentation marker, called a “P6C1” marker, or a “quasi-refusal” in the beneficiary’s record. If DHS decides at a later date to revoke that petition, a hard 212(a)6( c )(i) finding can kick in.

Just filing a new petition without the returned petition either being rebutted and reaffirmed, or closed due to the original approval expiration giving the petitioner the option of filing again you will need to deal with this misrepresentation marker which is a very serious matter. If the returned petition is reaffirmed or closed due to the expiration of the original approval then this marker is removed from the beneficiary record.

This is definitely NOT something you want to find out at your new interview...beneficiary not eligible due to the misrepresentation marker. This is a perfect example of why speaking to an experienced immigration attorney before withdrawing a returned petition is essential.

~Kiyah~

They did DENY you the VISA. (Did you get one?)

They returned the PETITION because they found something to NOT issue a VISA, or so they think.

There are two different issues here.

One is Casa issuing a VISA or not issuing a VISA.

The other is returning the approved petition back to USCIS asking for the petition to be REVOKED per the CO's findings.

chi

I would be happy to post my letters to the group. I do not wish for my private info to be in a public forum.

chi

Chi is absolutely correct. The 221g stating petition return is a refusal to issue a visa by the consulate, some call it a soft denial.

They return the petition to USCIS with a recommendation to revoke per their findings or lack of evidence of the relationship. Hence the process of the NOIR/NOID (Notice Of Intent to Revoke/Notice Of Intent to Deny). The visa refusal becomes a hard denial if the returned petition is actually revoked or denied.

Ella, I pray you hear something soon about your returned petition. Stay strong and don't lose hope...patience is key.

~Kiyah~

How long have some waited for the NOID to come to them? I am meaning from when you got the notification that you case was received back. I have heard like 6 months and some people like never. So please share.

Not sure what happened to my post responding to you above, but here it is again:



As you know, I never received the NOIR/NOID, our case expired and was officially closed giving the option to file again anytime. I have seen this part of the process take 2-4 months, but that was for K3/CR1. I have yet to personally see more than one K1 get the opportunity to rebut. The one I do know about was out of Nebraska.

The majority out of Californa are closed due to exiration without a review of the returned petition. I am seeing those out of Vermont waiting longer than 6 months...the majority of those have passed the 6 month mark and are still waiting. I have seen Nebraska be very quick, 2 months. The sad thing is that a returned petition has no priority regardless of which service center the petition was originally filed in.

This is still uncharted territory for many, and we continue to learn by others' experiences. In the meantime, continue to compile your evidence of relationship including letters from both families, and friends who know you both. I pray you hear something soon and are given the opportunity to rebut.

~Kiyah~

thank you kiyah! i hope i do also...but i hope i dont have to wait the 6 months like the congress lady has told me....for as you know ive already waited over a year now.....thanks for the hope

You have hope, believe me...don't lose it! This is hard to go through, my husband and I know it all too well. We went through it for 1 year...we were ready to rebut, and nada, no NOID. We are now faced with starting over again from square 1...yet another year of waiting lies before us.

Know you are not alone, if there is anything you ever need, just PM me.

~Kiyah~

Hey I am getting scared so I went to talk to the Marc Ellis and he is only 500 bucks. This is not bad considering that a lawyer in the states is about 250 an hour and the consulation is about 1 hour but they give you 30 mintues free. I know one lady she spetn 1200 just for the petition. I am going to find this other lawyer but I will see what happens tomorrow I am getting a conslutation from a representative from CAIR and I am not sure what he is going to say or do. He seems nice but I do not agree with everything he says. So inshallah he will be some help but if not I will try to find a good solution, aka Ellis.

What don't you agree with?

Ellis is very educated in this area and is actually not trying to rape your wallet like some lawyers. He has written numerous articles surrounding this very subject (i.e. Returned Petitions), and also has several clients who have been successful in being reunited with their loved ones after a petition return from Morocco among other consulates. He is the only lawyer I trust, and I have spoken to 8 lawyers regarding this issue in the past year. Not one of them seems to have the knowledge that he does.

I would be interested to know what this rep from CAIR has to say and what you don't agree with...not every legal representative I have talked to seems to understand a returned petition and how to fight it, etc. In the beginning I spoke to 2 lawyers who couldn't believe our petition was returned...they also couldn't believe that the American consulate in Morocco is a high volume post...real educated huh?

I wish you so much luck, hang in there...insh'allah you will be reunited with your fiance soon.

~Kiyah~

hello there, let us know what the man has to say, im interested in what you are saying here....im not hearing anything form our k-1 either...where is this man from??? thanks Ella

Well the lawyer with CAIR is willing to help me with my case , it is werid because when I talked to him yesterday he seemed to very different then over the phone. He seemed to be a bit of the type that would not let you talk. He advices me to send the information/evidence in now, do not wait for the NOIR. Is what he said act now becuase while they are reviewing your case they will have the new information that I sent in. He is going to also do the complaint that I want to make to the state department concerning some of the things I told him. Like lying and other issues I expressed. He said that he is going to draft a letter and also that he is going to address some of the policy's and thing of this sort that where voilated or not being followed. He was surprised at the evidence that I had becuase he said he has seen people with much less. He is going to help me get the things that I need and we are going to sit down next Friday and get everything that I have all the correspodences etc.

If you have questions pm me, because you guys know I get long winded on the trends.

Our interview was in March 05 and we received the NOIR letter at the end of October 05. Our case was received back at the NVC in January 06. Our interview was May 06 and my husbamd arrived August 06. From March 05-August 06 was about 18 months.

chi

That was my experience as well...IE...knowledge about returned cases. As a matter of fact it was suggested to me to finish the processing of our I-130 at the NVC and "maybe" it will go through and we could get a visa with that. This was the advice of my senator's liason and a few immigration attorneys. I did continue with the processing but it was interupted and sent back to the service center where it was processed to be reviewed as the K 3 petition had expired.

My best advice to anyone who had their petition returned to USCIS...get an attorney like Ellis who has the experience and knows what needs to be done!!!!! There are many who have had attorneys who have not been sucessful in this area making for even a longer wait to be togther.

chi

The CAIR lawyer is correct when he says go ahead and send in your evidence now...I would like to add to that, make sure your case number is clearly marked on everything you send. Whether what you send in now is actually used for a review or not, it is a good idea to send it now...and if they ask for more "officially" for the review, send it again then. It doesn't hurt your situation.

The thing about the amount of evidence looked at during the initial interview is a strange one to me...I have also seen couples with A LOT less evidence than we had get their visa. I know it is not actually the quantity of evidence, but the quality of evidence that is compelling to a consular officer. So the amount of evidence isn't always what proves a case. I have also seen a man in Morocco get a visa who does not speak the same language his fiance speaks and vice versa...tell me how this is a valid relationship if they need a third party to even communicate with each other (that one really pissed me off). I still do not fully understand how this got by the CO handling the interview in Casa.

I am finding more and more that it really depends on the consular officer who is doing the interiew...yes, we should all be given the same opportunity, but these consular officers interpret differently and some may even have personal issues that get in the way of doing their job. It is obvious the all the guidelines are not being followed on a consistent basis. I do completely understand that cases are not cut and dry and some may need more attention than others to really see the truth...but I do not see that happeneing at this consulate. What I am hearing is that they do not have the time/resources/funds to handle cases properly. Blah...Blah...Blah. I still believe we deserve the same treatment as those consulates who do have the time/funding/resources, etc. to fairly process & interview applicants.

Perfect Example: The consulate in Cyprus interviews BOTH petitioner and beneficiary separately then together, taking about 2 hours to do so...then they make a decision. Seems to me this would be a more "educated" decision by having interviewed both parties and taking the time to see them together.

...sorry, got a little carried away.

Good luck with working with the lawyer from CAIR. I pray you hear something soon regarding the review of your case.

~Kiyah~

YES THATS A VERY GOOD QUESTION..VERMONT WAS SUPPOSE TO MAKE A DESCION TO MY CASE BACK LAST APRIL AND THEN JUST RECENTLY GET A LETTER TELLING ME THAT THERE SO BACKLOGGED IT MIGHT TAKE 6 MORE MONTHS.....ONE QUESTION????? WHY ARE THEY GIVEN ALOT OF THESE 221G LETTERS OUT AND THEN OTHERS ARE GETTING THERE VISAS SO FAST....I JUST DONT UNDER STAND........ELLA

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~

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

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

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~

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

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

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

count me in hope im not too late

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 crap)! 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

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

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.

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

Dre: I am so sorry about all of this. I know it is very hard, please know that you are not alone. There are many of us who have gone through and many still going through the return process. We understand exactly how you are feeling and what you are going through. Everytime I read about another petition return, it opens up the old wound and it hurts all over again.

Until the CSC receives your returned petition/application and reviews it, you have a lot of time to continue to compile your evidence of relationship and marriage. If you have not been to visit him in a while, now is a good time to plan it...plan it for within the next 2 months if at all possible. One thing the USCIS will be looking to see is if you have spent time together in person since the interview and petition return. When they send you the NOIR/NOID they are going to want "new" evidence of the relationship you share together, not just evidence of a valid marriage.

Use this time to your advantage...compile as much new evidence as possible. This evidence includes another visit, more photos, video if you can swing it, letters between the two of you, emails, phone calls, letters from your family, letters from his family, letters from friends who know you both as a married couple, letters/emails between him and your family, chat logs, etc. Then when the time comes for you to rebut what ever the issue is, you can hit them with everything you've got...new quality evidence of your relationship and marriage in addition to what they already have.

Have you thought about filing for an ITIN (W7) along with a joint tax filing for 2006? I took my husband's name, changed everything here, social security, drivers license, bank account, credit cards. I put his name on the credit cards, and I filed his ITIN along with our 2006 joint tax filing. I can't put his name on the bank account until he is here, but I did get a letter from my bank stating such...due to the patriot act. Do you happen to share a bank account or have you sent money back and forth to each other when needed? In combination with your valid marriage certificate, letters from family and friends, and other evidence of relationship, this is all quality evidence of a valid marriage.

Hang in there, try to visit if you can, right now you have time...use it to your advantage. Know you are not alone, you really are not alone. Rant, vent, scream, cry...we're here to support you. <BIG HUG>

~Kiyah~

I agree, this should be pinned! You can count my vote in! It's very disheartening when you get the 221g and you don't know what to do or where to turn. If more people can read this and help them out no matter what embassy they are going thru, then it will be a great blessing to them! I am amazed that all this information is right here on VJ! Keep up the good work Kiya!

Lisa

Kiva,

Thank you for your reply and for all of your advice. I'm glad you mentioned the 2006 tax return issue. I knew that its possible to get his ITIN but I wasn't sure if it was legal for me to file jointly with him. Since you mentioned it, I will look into doing this since I haven't filed yet.

Originally, I was waiting for my husband to get here and to have our church wedding in July to change name, but since returning from the Embassy, I've changed EVERYTHING, the only thing pending is my passport and I sent that in on 3/8...so I should have it back in 6-10 weeks. I've also started adding him to my utilities and such. Washington Mutual, my bank, suggested I open a joint account with him Online to circumvent the Patriot Act regualtions. I can start using the account as soon as its opened. I plan to use this account for any bank transfers back and forth. I also plan on visiting him in late April or early May and we're planning to meeting in Madrid, Spain for a vacation in Europe this October (maybe a little late for the IRLetter), but we're following your advice in each category. I've sent my FOIA letters and ccd my Senator's office (they've been involved since week 1). I'm getting letters from everyone that knows us and as soon as I have them together I'll send them to the CSC and NVC.

Sister, thank you again for your support, not only towards me, but what you do for everyone in this community. If you ever think its not worth it, think of me. I don't know where I would have been without you. NOT ONE of the 5 lawyers I spoke to (and paid $350 in fees to) gave me 1/8 of the info that you've provided. You're worth you're weight in GOLD.

XOXOX

Dre

You are sooooo welcome, thank you so much for your kind words. I know how hard this is, not knowing what to do, where to turn, or what will happen. This has been by far the most trying ordeal of our lives. If I can help save 1 person 1 ounce of grief and heartache by sharing what myself and others have researched and experienced, then I am so happy for that.

WAMU really suggested opening a joint account online? I use WAMU, and they told me he has to be able to come in the branch in person to prove his identity. Hmmmmm. If you try this and it works for you, please share how you did it. We want so much to be able to share a bank account now...not just for proof of our marriage, but it sure would make things alot easier for us financially.

If you can swing the ITIN along with a joint tax filing for 2006, do it. It is very simple, even if he did not work or pay taxes in his country, you are allowed to use his exemptions with your income alone. The W7 needs to be signed by him and is going to require a certified copy of his passport (other IDs are allowed but the passport holds a lot of weight)...an international notary is acceptable per the Hague convention. You will also need to have him sign the 2006 Tax form you use to file. If you have questions, feel free to PM me, or even call the IRS...they were extremely helpful in regards to filing my husband's ITIN and our 2006 taxes, nothing like immigration.

Good luck! Let me know if you try the online joint account with WAMU, I'm very interested in that one

~Kiyah~

So true! Kiya you're an ANGEL for those who fall into this horrible situation.


Sharon