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221G Process question

#1 MMarc

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Posted 19 February 2010 - 12:48 AM

We received a 221G asking for additional information and what was requested took 93 days to get because the IRS screwed-up and that's a whole other story but it took 93 days to get what I needed. So, I am looking at this guideline on what happens if you get a 221G and I'm wondering if it applies to all the 221G cases?

If they are asking for additional information why would they send your petition back to United States and have you mail the additional information to the Embassy? If you follow the instruction on the (221G BLUE SLIP) you must send your additional information back to to where you had your interview. Please help me understand this process.



I got these guidelines from an older post and I am wondering if it is still handled in this manner?
Here is guidelines for what 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.
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#2 ScottThuy

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Posted 19 February 2010 - 12:53 AM

Ours had a date to submit the required documents on it... was there any date on yours? you need to contact them ASAP, to let them know you have not abandoned the petition... they can send the case back with a denial based on failure to produce requested documents if it takes too long or they don't hear from you...


Moved to Consulte Discussion as the case is already at the consulate stage....

Edited by ScottThuy, 19 February 2010 - 12:56 AM.

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"Every one of us bears within himself the possibilty of all passions, all destinies of life in all its forms. Nothing human is foreign to us" - Edward G. Robinson.

#3 MMarc

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Posted 19 February 2010 - 12:58 AM

We did not have a date on ours but they asked for documents which they knew took 60 days to get.
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#4 ScottThuy

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Posted 19 February 2010 - 01:02 AM

One would hope they knew, but CO's don't always think as we would expect them to.... touch base with them by email to be safe... this way there is a record of your communication in the file. They are celebrating right now anyway.. not back to work until next week I suspect..
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"Every one of us bears within himself the possibilty of all passions, all destinies of life in all its forms. Nothing human is foreign to us" - Edward G. Robinson.

#5 MMarc

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Posted 19 February 2010 - 01:13 AM

Where did they put a time frame on your 221g form? They just marked the box that said lacking documents/ further processing and then on the other sheets marked what they wanted. The only date on any of the forms was on the top of the BLUE SLIP which was the date of the interview.
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#6 ScottThuy

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Posted 19 February 2010 - 01:21 AM

Where did they put a time frame on your 221g form? They just marked the box that said lacking documents/ further processing and then on the other sheets marked what they wanted. The only date on any of the forms was on the top of the BLUE SLIP which was the date of the interview.

Ours has a date to submit docs in the second from the last paragraph.. the last paragraph says something about having 1 year from interveiw to address the request or the case will be cancelled.
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"Every one of us bears within himself the possibilty of all passions, all destinies of life in all its forms. Nothing human is foreign to us" - Edward G. Robinson.

#7 Darnell

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Posted 19 February 2010 - 11:07 AM

China is different. Specifically how the 'blue slip' is utilized vs just what the rest of the world does with a 221g.

IMO, a blue slip allows the beneficiary and the petitioner to submit requested evidence WITHOUT the casefile being returned to the USA.
The casefile is then further adjudicated IN GUZ, after the evidence is submitted.

If you actually received notice that yer casefile is being sent back to USA, then something is really messed up - you should have received a notice about any evidence that you submitted for the RFE - prior to the casefile being returned.

Elsewhere, most 221g casefiles are sent back. It is also the case that some 221g casefiles are allowed to submit extra evidence.

FOR GUZ - this isn't followed - they use their own system for blue slips and RFEs.

For your specific case, though - I swear - you had already let the IV unit know that you were getting the documents, and that it will take extra time, right?

-----
On second thought -

221(g) is a generic form, used both for blue slips, and (in GUZ terminology) white slips.
The process that you listed is for GUZ-white-slips - not for GUZ-Blue-Slips.

Edited by Darnell, 19 February 2010 - 12:49 PM.

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#8 MMarc

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Posted 19 February 2010 - 12:59 PM

China is different. Specifically how the 'blue slip' is utilized vs just what the rest of the world does with a 221g.

IMO, a blue slip allows the beneficiary and the petitioner to submit requested evidence WITHOUT the casefile being returned to the USA.
The casefile is then further adjudicated IN GUZ, after the evidence is submitted.

If you actually received notice that yer casefile is being sent back to USA, then something is really messed up - you should have received a notice about any evidence that you submitted for the RFE - prior to the casefile being returned.

Elsewhere, most 221g casefiles are sent back. It is also the case that some 221g casefiles are allowed to submit extra evidence.

FOR GUZ - this isn't followed - they use their own system for blue slips and RFEs.

For your specific case, though - I swear - you had already let the IV unit know that you were getting the documents, and that it will take extra time, right?



Darnell,

I didn't contact the embassy because I assumed that they know that it was going to take 60 days to get the forms (CERTIFIED COPIES) it's a standard time-frame. Of course it took longer for the IRS and I just sent them last week. It's been 95 days from our interview and the documents won't get there on Monday Feb. 22nd (certified mail so I'll know when it's there). Do you think I should call them if the documents just arrived Monday? and who exactly would I call and what should I say with pissing them off? Thanks for the info.
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#9 MMarc

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Posted 19 February 2010 - 01:08 PM

Sorry the last sentence should read without pissing them off.
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#10 Darnell

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Posted 19 February 2010 - 02:52 PM

mmarc - call? no..

But I would suggest either an email or a fax -
to let them know that the documents for the RFE are headed their way (include any tracking # that you might have).

I guess my point on this is -
if you OR her have NOT been told the casefile is being sent back to USA, then DO NOT WORRY about the casefile being returned prior to blue-slip-evidence being presented.

Edited by Darnell, 19 February 2010 - 04:28 PM.

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#11 MMarc

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Posted 19 February 2010 - 04:25 PM

mmarc - call? no..

But I would suggest either an email or a fax -
to let them know that the documents for the RFE are headed their way (include any tracking # that you might have).

I guess my point on this is -
if you are her have NOT been told the casefile is being sent back to USA, then DO NOT WORRY about the casefile being returned prior to blue-slip-evidence being presented.



Darnell,

If they would have sent any thing (it's been 114 days since the interview) they would have sent it to "me" by now, right? And, I agree with you, I will send them a email stating that the documents are in the mail. Thanks

Marc
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#12 Darnell

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Posted 19 February 2010 - 04:27 PM

ya - you would have received something, AND/OR yer lass would have received something.

Relax, ah?
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#13 the maven

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Posted 19 February 2010 - 07:33 PM

Sorry to move this again after Scott moved this to the Embassy/Consulate forum, but this topic probably rests better in the Waivers (I-601 and I-212) and Administrative Processes (221g) forum since this is a question about the 221g process.
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#14 dreamcometrue4

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Posted 22 February 2012 - 03:30 PM

Ours had a date to submit the required documents on it... was there any date on yours? you need to contact them ASAP, to let them know you have not abandoned the petition... they can send the case back with a denial based on failure to produce requested documents if it takes too long or they don't hear from you...


Moved to Consulte Discussion as the case is already at the consulate stage....



What if you realize paperwork that should have been requested by Embassy wasnt and are needed can you send prior to them requesting them?
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#15 nanalove

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Posted 16 May 2012 - 08:14 AM

Ours had a date to submit the required documents on it... was there any date on yours? you need to contact them ASAP, to let them know you have not abandoned the petition... they can send the case back with a denial based on failure to produce requested documents if it takes too long or they don't hear from you...


Moved to Consulte Discussion as the case is already at the consulate stage....



Hello, is there a way to get an earlier date to sumbit the requested documents?
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