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Mica333

K1 221G Letter at Interview

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Thank you in advance for any advice or info. This is my first post, however I have read VJ throughout this entire process and it has been so helpful.

My fiancee had his interview on 8/4/15 New Delhi. He was issued a 221g letter saying that they are sending the petition back to NVC and to contact USCIS with any questions.

No one has called or emailed me with any information. As the US Citizen and petitioner I would think its standard procedure to let me know. Especially now that I have to change my life plans, wedding plans, and potentially leave the country to get married!! No big deal.

The status on website says "Administrative Processing" and when I called the embassy they told me it was not a refusal just still in processing and to wait.

One of the officers (Young Indian Woman) asked a guard to go retrieve his mobile phone (which he was told not to bring into the building) from his Father who was waiting outside. She then went through his phone and called distant Family members in India that he is not in touch with to ask them questions about my fiancee and our wedding plans.

Is this normal? No where on this VJ blog, or government website says that the Officers can take a mobile phone and go through it. Only to print out the information to prove ongoing relationship. Which we had over 500 pages of. I would like to know why my fiancee was singled out like this!

The officers questioned my fertility as well. Completely inappropriate on so many levels...

I've already been in touch with my local Congress Office trying to get a clear answer.

If anyone has had the same or similar experience please advise.

Thank you.

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Thanks for your response. No. They did not give him a reason and nothing was stated on the letter about what information they might need. This is why I'm so frustrated. I cannot get a straight answer and I just want to know what's going on.

Is 221g a rejection? Request for more info? Or something else? I'm sorry I did not get a lawyer. Everything was so smooth up

To this point. Especially collecting the fees up front for all of this.

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*** Thread moved from K-1 Process forum to the K-1 Case Progress subforum. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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The embassy has doubts about your relationship.

While somewhat out of ordinary, I'm sure they checked with your fiance before contacting family, and remained unsatisfied after those calls.

Indian men generally prefer a younger woman of child-bearing age as mates.. if there is an unusually large age difference or if the USC petitioner is an older female, counselors are known to ask probing questions in an effort to establish bonafides. Sorry you guys are going through this; I doubt your congressman be of much help.

Over the years, the New Delhi consulate has developed a reputation for being tough as they tend to get a higher number of fraudulent petitions. Not in any way implying your petition is in that category, but that's the general consensus about delhi.

I suggest getting married and going through the spousal visa process. Takes about 10-12 months, sooner you get going the sooner both of you could be together.


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Thanks. No, they took his phone in a back office and called. He had no idea until his brother told him his relatives got the call. It was a younng Indian woman that was creating doubt to the other two American Officers. I was advised since this was the American Embassy they should not be concerned with Indian customs such as Indian men being interested in women of childbearing age. That is not the norm here in US. How do they know I have not frozen my eggs? Or plan to adopt a baby from Nepal or India with my fiancee? In America these are viable options and never ever questioned. How about all the older men on here marrying foreign women three times younger than them? This is all unacceptable. I just want an answer. They are not being clear with me and it's wrong. I am going to set up a meeting at my local office. I'm happy to marry in India however they are essentially forcing me out of the country to do so. If they suspect fraud I want to know exactly why. My age, or a family member not knowing our wedding plans is not evidence of fraud what so ever!

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Thanks. No, they took his phone in a back office and called. He had no idea until his brother told him his relatives got the call.

Never heard that before.. that’s a first.

It was a younng Indian woman that was creating doubt to the other two American Officers. I was advised since this was the American Embassy they should not be concerned with Indian customs such as Indian men being interested in women of childbearing age. That is not the norm here in US.

You were advised wrong. Consular officials across the world factor in local customs as part of the decision-making process, as norms vary country to country. (What works in the US may not necessarily work universally. General example, a child out of wedlock may be socially acceptable in some places, but is generally taboo in India. Or pre-marital cohabitation may frowned upon in some conservative societies, but no one would bat an eyelash in the West). Therefore, local customs can be factors in borderline cases.

How do they know I have not frozen my eggs? Or plan to adopt a baby from Nepal or India with my fiancee? In America these are viable options and never ever questioned. How about all the older men on here marrying foreign women three times younger than them? This is all unacceptable. I just want an answer. They are not being clear with me and it's wrong. I am going to set up a meeting at my local office. I'm happy to marry in India however they are essentially forcing me out of the country to do so. If they suspect fraud I want to know exactly why. My age, or a family member not knowing our wedding plans is not evidence of fraud what so ever!


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Thanks. No, they took his phone in a back office and called. He had no idea until his brother told him his relatives got the call. It was a younng Indian woman that was creating doubt to the other two American Officers. I was advised since this was the American Embassy they should not be concerned with Indian customs such as Indian men being interested in women of childbearing age. That is not the norm here in US. How do they know I have not frozen my eggs? Or plan to adopt a baby from Nepal or India with my fiancee? In America these are viable options and never ever questioned. How about all the older men on here marrying foreign women three times younger than them? This is all unacceptable. I just want an answer. They are not being clear with me and it's wrong. I am going to set up a meeting at my local office. I'm happy to marry in India however they are essentially forcing me out of the country to do so. If they suspect fraud I want to know exactly why. My age, or a family member not knowing our wedding plans is not evidence of fraud what so ever!

Though I fully agree with keeping fraudulent cases out, its a pain to prove really relationships, the Indian Interrogators/Assistants are known to confuse the hell of the candidates asking the same questions again and again. When my family was immigrating my Mom had to prove her 22 year old long marriage LOL. Even after so many years we all laugh thinking about it but at moment its really frustrating.

Its a real pain getting answers from the embassy most of the work is outsourced and the people at these call centers have their standard answer, not much help anywhere.

Good Luck

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Thanks for all the support. So, I checked the case status online and it says "Administrative Processing" What does this mean exactly?

The letter he was given states to contact USCIS with any further inquires. As far as USCIS is concerned, they have approved my case and have no further info. I know it takes some time, but in your experience what usually happens in this case?

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This is what it sounds like to me : Your petition will be returned to USCIS (via NVC being just the standard routing) and then your

petition will be sitting and expire. Purposely. K1's are not reaffirmed like CR/IR's.

Returned spousal petitions get a NOID/NOIR letter to respond to but not K1's. You (petitioner) will receive a letter that the petition has expired

in about 6 months from USCIS and that you are free to re file.

What you can try : Immediately contact your senator/congressman and speak to their immigration aide to request another interview

with more evidence of a genuine relationship. ( Affidavits from friends and family, fresh letter of intent, all other relationship evidence, plans of

the upcoming wedding like Hall rental etc.) Petitioner should fly over to be there.

State your complaint of the phone and fertility issue and have your senator's aide state this as assumptions, speculative and without

factual evidence and remind them they are not to simply re adjudicate a case on suspicions but factual evidence.

These rogue CO assistants are out of control and need to be reigned in. Have this formal complaint send to the section chief.

This is a very small chance but it's the last ditch effort you can try to save your petition.

If they don't grant another interview then marry abroad and file a CR1 and don't waste 6 months to see what USCIS will do .....they will do

absolutely nothing.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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A reason for denial?

Morocco is one embassy that does not give one

and wait for USCIS to contact you?

i know of a couple on here in AP for over a year and no one ever contacted them

they thought all the embassy needed was tax returns and divorce papers

when they took them to embassy, they discovered the case was in AP

sent email to NVC who said "is not here"

sent to USCIS and this is the reply

Thank you for contacting the California Service Center National Customer Service Center (NCSC) Follow Up e-mail account. This account has been established to assist customers who have already contacted the NCSC number (1-800-375-5283). Please note that you will not receive a further response to your inquiry unless you have first attempted to resolve your issue by contacting the NCSC, and you are the petitioner, applicant or a designated representative for the case in which you are inquiring

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To be sure if your case is in AP or has been returned to USCIS have the senator request the diplomatic pouch number and determine the

exact location of your case. They said they will return it to NVC so I am 99.9 % sure it is being returned to USCIS. Ceac should soon state case returned

but it's often not updated. Get your senator/congressman on it a.s.a.p to make your complaint and request another interview

or forget it, marry and re file.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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