221g Notification

[~kiyah~ 14]

Ok, I thought it important to track this kind of information of those whose petitions have been sent back to the United States for possible revocation...for whatever reason are comfortable sharing their experience.

As many in the ME/NA forum already know a 221g was received for my K1 petition last week in Morocco stating the file was being sent back to the United States. I am currently working directly with my Senator to catch the petition before it is sent to the United States. We are appealing this right now and will fight it every step of the way.

I feel it is extremely important for others who may experience this and of those just starting out to be educated regarding all aspects of this entire process and to know their rights. Honestly...anything can happen to anyone.

A bit of research I have done in the past week has really paid off...I now know more about this end of the process than I did before our interview. I now know my rights as a United States Citizen in regards to this issue and intend to push for their respect.

Here are links US Department of State website unclassified telegram communications to Consulates regarding the official process for returning "approved" K1 and K3 visa petitions back to the United States:

GUIDELINES AND CHANGES FOR RETURNING DHS / BCIS APPROVED IV AND NIV PETITIONS

GUIDANCE ON PETITION REVOCATIONS

9 FAM (Visas) - Section 40.0 of the Foriegn Affairs Manual Specific to revocation:

9 FAM 40.0

For those who do not know me, I am not an attorney and I certainly do not give legal advice. I am a very determined woman. My fiance and I are extremely devoted and love each other very much. We refuse to give up on this petition...this will be fought until the bitter end.

Without further adue, if you are comfortable...please take the poll and share your experiences regarding this very serious issue.

~Kiya

[denali_1963 0]

I skimmed through the links you provided and some of what i read was that the consular had to have solid proof of marraige fraud like for example (large sum of money was exchange ect.) and could not merely go by suspicion to be able to send it back. Did you find out of any proof that the consular might of provided? I am really interested in seeing how this case goes. I am really sorry for all you are going through. Please keep us posted as to what happens.

[Satisfaction 1]

Something yet unheard of (I don't recall one in VJ who has spoken about it). I doubt that this happens very often, does it? (where can we find statistics?)

It would be interesting to know what happens in a case like this

[~kiyah~ 14]

Believe me, I will post my experience here. I want to be able to help anyone else who may face this during their process.

I am currently waiting on the Casablanca Consulate response to my Senator's inquiries as well as my own inquiries regarding the reason why they are sending our file back to the United States. I certainly have not given up trying to get a response from the consulate.

When I first spoke to my fiance and he read the 221g to me, I really thought we were denied. After speaking to the Chief Consular directly, he re-iterated that it is not a denial persay...but went on to provide me with the standard 'canned' response and did not even look at the case in the computer.

My Senator has all of the information from the interview and events which transcribed thereafter and have used this information in an additional inquiry into our case.

The consular who interviewed my fiance did not look at all of our proof of 'ongoing' relationship, and he tried to give it to her. All of our letters, emails, phone bills from the time of the petition was filed up to the interview date. My phone bills of our communication together are between 200.00 - 300.00 a month. I just got my statement for the last month and the total bill is 477.00. Only 46.00 of this bill are local charges. There are several phone calls to the consulate and the rest are to my fiance.

Even if they thought our engagement photos were of a wedding...we have proof they are not. We have proof of his eligibility to marry from the Moroccan government. I pray this ends up being that simple...but until I know the reason why everything is pure speculation.

I have even gone through the original filing several times to make sure I did not provide something incorrectly...I can't find anything

First and foremost, the goal is to have them look at this before it comes back to the US and provide an opportunity for us to give them our proof of ongoing relationship which he tried to present to the consular officer...we deserve that at the very least. If they do not provide this opportunity, I want to know what the actual reason is for this "non-decision" on my petition.

We are prepared to wait if need be to receive the NOID if that is what we get, and will continue to compile our proof of relationship in the meantime. I am going back to Morocco in March for as long as my finances will allow. We have decided not to be hasty and file for the K3...without knowing the reason why this petition is in question, it would not be a smart move. All the evidence from this petition will be used for the next petition filed and that is just the way it works.

I wish I knew all of this before our interview...at the very least, my fiance would have known to push our proof on them, and push it hard. He tried yes, but he did not push them...think of being in the consulate of a country you are asking to immigrate to without knowing what to expect, thinking they will do what is right...just how pushy would you be?

~Kiya

For an archived history of these events as they transpired, you can visit the following link:

K1 Visa Denied In Morocco

I skimmed through the links you provided and some of what i read was that the consular had to have solid proof of marraige fraud like for example (large sum of money was exchange ect.) and could not merely go by suspicion to be able to send it back. Did you find out of any proof that the consular might of provided? I am really interested in seeing how this case goes. I am really sorry for all you are going through. Please keep us posted as to what happens.

You would be shocked if you knew the actual numbers of K1 and K3 petitions that get sent back to the United States for many reasons...more than you could ever imagine. What you see represented on this website is a very tiny fraction of the US visa petitions being processed in consulates all over the world.

This consulate in Morocco alone has more and more denials in recent years and they are not even on the fraud watch list like Nigeria is. After the last visit to the consulate and receiving the 221g, my fiance stayed for a bit and talked to many people. There are more and more visas being denied than you can ever imagine...he talked to many of them, and many he talked to were K1 applicants like us.

For our case, it really makes no sense to either one of us...none at all.

[chiquita 0]

My husband and I were denied the k2 visa. I know of many other couples who were denied as well. The reason? Validity of the relationship. My husband has so much proof with him on the day of his interview which was March 25, 2004. There was NO reason to deny us!! The co know exactly what is going to happen when they give a 221g. I was told this would take 3 months. I found that this consulate lies so much about everything they tell you. It took until July for BCIS to receive our file. I received the NOID in October. I sent in the exact proof my husband had with in on the day of his interview and our petition was re affirmed. This was such a waste of our time. They violte so many laws. First of all when one is denied, they are to give you the opportunity to overcome the denial before the petition is sent back. I have not heard of this happening. I believe the only way that this will change is for everyone to complain to the state department and the tactics used by this consulate. These are not the only co's who have been there. There have been many other before the women who are there now. Why should we be treated this way by our own government??

Sure I was ab;e to overcome the NOID but it has taken almost a year to do so. We have been kept apart and it has cost more and more to go through this denial. What irritates me most is my husband had all the proof with him on the day of his interviewand the co did not ask to see it yet he denies us based on no proof???

[~kiyah~ 14]

My husband and I were denied the k2 visa. I know of many other couples who were denied as well. The reason? Validity of the relationship. My husband has so much proof with him on the day of his interview which was March 25, 2004. There was NO reason to deny us!! The co know exactly what is going to happen when they give a 221g. I was told this would take 3 months. I found that this consulate lies so much about everything they tell you. It took until July for BCIS to receive our file. I received the NOID in October. I sent in the exact proof my husband had with in on the day of his interview and our petition was re affirmed. This was such a waste of our time. They violte so many laws. First of all when one is denied, they are to give you the opportunity to overcome the denial before the petition is sent back. I have not heard of this happening. I believe the only way that this will change is for everyone to complain to the state department and the tactics used by this consulate. These are not the only co's who have been there. There have been many other before the women who are there now. Why should we be treated this way by our own government??

Sure I was ab;e to overcome the NOID but it has taken almost a year to do so. We have been kept apart and it has cost more and more to go through this denial. What irritates me most is my husband had all the proof with him on the day of his interviewand the co did not ask to see it yet he denies us based on no proof???

Shokran for sharing your experience, even though this was a lengthy and painful process for you both it is good to see the BSCIS respected at least your right to rebut the finding and you were able to overcome with a new interview date.

This is exactly what I am praying for if all the noise we are making (my senator and I) does not get a responce. We are prepared to wait if we have to...so far this is exactly what it is looking like we will need to do.

I agree with you on ALL points regarding this consulate, the problem coming from several of the COs denying visas just do not make sense to me other than them not wanting to completely do their job...and possibly making us wait on purpose. Just the fact of this CO not letting my fiance provide her with all of our proof says exactly that to me.

I wish you great luck with your new interview and insh'allah you will betogether soon!

~Kiya

[morocco4ever 63]

Hi Kiya,

Of course I wanted to add to your poll. I admire how you have worked hard and so quickly on your case. I am also impressed with how quickly your senators office got involved. It took me quite some time to get results in that area.

Now as far as the poll, I am not sure if I answered it as you would have wanted. I used the time it took to get a letter from the CIS. It is not the NOID, it was another I-797 explaining that the case is being reviewed.

I truly hope you can get this taken care of before the petiton leaves Casablanca, and don't believe them that it is already gone, this takes time. When will you be there in Casa?

As for your links, I have already read them and it is obvious that they don't feel the need to follow these rules. I am 100% certain that they decide to return these petitions before the interview in many cases. As chiquita said, they didn't look at her evidence, they didn't look at ours either. Nor do they supply us with any reason for the return. I have heard in some cases they state that they doubt the validity of the relationship, but that is not a good enough reason as far as I am concerned. They need to address WHY they doubt it. In our case they didn't even state that! They just said they are sending it back for further review.

Okay, so now we believe that we have a valid right to voice our complaints to the State Department, but to who? I have been going through this now for 5 months, and I have searched every government site to launch a complaint on this consulate, but as of yet I have not found one. I have sent off e-mail after e-mail to the varying sections that even closely appeared to be the right area. I requested that if they weren't the right party could they please send me to the correct party. I have recieved confirmation e-mails that state that they will address my e-mail within the next 48 business hours, but I haven't yet had one returned e-mail or phone call. It appears that they intentionally give us hope that we as US citizens have a right to a voice, but how do we do it???

I am not usually the whiner type, I cry for a day about the situation then dive in with both feet to find a resolution, but I have hit 1 brick wall after the other. So my question to you is, do you know who to contact to issue our complaints?

The sad thing I see here is that the majority of people that are in our situation pretty fall of the board. My guess is out of depression. This is a hard pill to swallow afterall! I feel it is very important that we stick together, and teach each other what we have learned, and maybe, just maybe we can make a difference.

Everyone that has been through this before, speak up! Tell us what you have learned. I know this is hard....believe me I know this is hard. Kiya has worked her a$$ off and started this bandwagon and we all owe it to ourselves and each other to jump on and participate.

[bornot2b 0]

Morocco is right, sharing information is the only way to prepare ourselves to get justice. Again thanks Kiya

for the threads regarding this topic. My petition is for a CR1 visa for my husband and his initial interview

was in July of 2005. He was asked to submit further evidence August 18th, with petition being returned to

NVC 10-21-05. Then it was forwarded onto Vermont 11-21-05. I believe it was 1-06-06 when congressman

doyles office emailed me to let me know vermont has the petition and awaiting security process checks.

We were told we can inquire about the status of this petition 60-120 days. This is all I know for now!

Karen H.

Edited January 30, 2006 by bornot2b

[morocco4ever 63]

Morocco is right, sharing information is the only way to prepare ourselves to get justice. Again thanks Kiya

for the threads regarding this topic. My petition is for a CR1 visa for my husband and his initial interview

was in July of 2005. He was asked to submit further evidence August 18th, with petition being returned to

NVC 10-21-05. Then it was forwarded onto Vermont 11-21-05. I believe it was 1-06-06 when congressman

doyles office emailed me to let me know vermont has the petition and awaiting security process checks.

We were told we can inquire about the status of this petition 60-120 days. This is all I know for now!

Karen H.

Great to hear that it is finally being reviewed now! Did you ever get a response as to the reason they sent it back?

[bornot2b 0]

No!! I am not exactly sure what the reason was, but I am combing over everything possible she could have felt was unclear. By she, I mean the CO. When given the chance to submit my box of evidence , will be

no more questions to be asked!!!!!!!!!!!!!!!!! (Dotting all the "i's" and crossing all the "t's")

If I have not heard anything by April, I will have the congressmans office inqury again on our behalf, to ensure we have our opportunity to rebut whatever the CO felt was unclear.

Karen H.

Edited January 30, 2006 by bornot2b

[~kiyah~ 14]

I have actually looked into who to send an official complaint to. Yes, we can contact the State Department all we want, but I think contacting the Consul General assigned to Morocco is a better way to go...copying the State Department and Embassy in Rabat and our Senators on everything.

They key to my case right now is that I kept my Senator involved from day 1 of receipt of the 221g and I have copied them an everysingle fax and email sent to the consualte so they know exactly what I am doing.

I found this name on the consulate website:

Consul General Greene - http://casablanca.usconsulate.gov/bio.html

This is only a name and a bio, but it is a start for sending a complaint regarding the consulate in Morocco. I am looking for a contact for this person like an email address but not luck yet. A letter to him directly copying everyone I mentioned above could be a starting point.

I do believe there is great strength in numbers...what is going to make this government look at something like this is a petition from many...many people going through this issue citing actual facts about their cases. Not just one individual. This is definitely something to think about, anf dont just fired off quickly...it should be something well thought out and planned before execution of such a petition.

I will be going to Morocco in March...much needed time alone with my love. I will find out tomorrow just how long I will be allowed to stay past my PTO.

I wish you ladies great luck, I will keep you posted on everything I find out, and we should talk about a possible petition from USCs going through the same issue with the same consulate...seriously.

Someone I know personally sent a letter to the State Department in regards to the treatment of US citizens when it comes to this issue after they heard what happened to us about how embarrassed they are to know what is happening...I have no idea if it was even read.

~Kiya

Edited January 30, 2006 by Kiya

[Satisfaction 1]

How, I feel really sorry for you. I really wish I could help. It seem SO UNFAIR. Maybe that has to do with the interviewer in Morocco? Because I have seen a few other people on VJ having similar problems there (denials). I remember well of a lady who had a similar problem a few months ago... It may be good asking a Congressman to interfere?

[chiquita 0]

I have actually looked into who to send an official complaint to. Yes, we can contact the State Department all we want, but I think contacting the Consul General assigned to Morocco is a better way to go...copying the State Department and Embassy in Rabat and our Senators on everything.

They key to my case right now is that I kept my Senator involved from day 1 of receipt of the 221g and I have copied them an everysingle fax and email sent to the consualte so they know exactly what I am doing.

I found this name on the consulate website:

Consul General Greene - http://casablanca.usconsulate.gov/bio.html

This is only a name and a bio, but it is a start for sending a complaint regarding the consulate in Morocco. I am looking for a contact for this person like an email address but not luck yet. A letter to him directly copying everyone I mentioned above could be a starting point.

I do believe there is great strength in numbers...what is going to make this government look at something like this is a petition from many...many people going through this issue citing actual facts about their cases. Not just one individual. This is definitely something to think about, anf dont just fired off quickly...it should be something well thought out and planned before execution of such a petition.

I will be going to Morocco in March...much needed time alone with my love. I will find out tomorrow just how long I will be allowed to stay past my PTO.

I wish you ladies great luck, I will keep you posted on everything I find out, and we should talk about a possible petition from USCs going through the same issue with the same consulate...seriously.

Someone I know personally sent a letter to the State Department in regards to the treatment of US citizens when it comes to this issue after they heard what happened to us about how embarrassed they are to know what is happening...I have no idea if it was even read.

~Kiya

I don't think writing to the Consular General will help. He is after all the one who replied to the inquiries of my senators and congressman. He merely stated we were denied "due to the validity of the relationship".

I think writing to the Department of State would be much better. This is who wrote to me after my letter to President Bush was forwarded to the Department of State. President Bush wrote back immediately to me. Dale took 6 months.

Dale Rumbarger

for

Julia Furuta-Toy

Director of Public and Diplomatic Liaison Visa Services

Washington, D.C. 20520

You can also wrote to:

Maura Harty

Assistant Secretary, Bureau of Consular Affairs

Washington, D.C.

All that Dale wrote to me was the consulate was unable to verify our marital relation was valid and returned our I-130 to USCIS for review and possible revocation. And I would need to contact USBCIS for any further information.

I found out in this process that no one, I mean no one will answer any questions you have regarding a petition unless the actually have it in their hands.

********************************************************************************

********************

This is a excerpt from the NOID that I received:

The USCIS has received information regarding the beneficiary's qualifications for the classification sought. That information consists of the following:

The beneficiary does not appear eligible for the benefit sought. The consular officer concluded that the relationship between the petitioner and the beneficiary is not valid for immigration purposes.

In the Matter of Estime, 19 I&N Dec 450 (BIA 1988), the Board held that a notice of intention to revoke approval of a visa petition is not properly issued unless there is "good and sufficient cause". The Board also held that "good and sufficient cause" for issuing such a notice exists when the evidence of record at the time of issuance, if unexplained and unrebutted, would warrant a denial.

In Matter of Ho, 19 I&N Dec 582 (BIA 1988) the Board held that“the petitioner bears the burden in visa petition revocation proceedings of establishing that the beneficiary qualifies for the benefit sought under immigration laws.

Based on the foregoing, it appears that the beneficiary may not qualify for the classification sought. Further, it appears that "good and sufficient cause" exists in the present case to deny the beneficiary the benefit sought.

In accordance with 8 C.F.R. 205.2, the USCIS proposes to revoke the petition. the petitioner is hereby accorded a period of thirty (30) days from the date of this notice to offer evidence in support of the petition and in opposition to the proposed revocation. Lack of a response to this notice within the time allotted will result in the revocation of the petition.,

Donald W. Neufeld

Director.

********************************************************************************

***********************

As you can see it tells nothing of what the CO found. Nothing! It only says the CO "concluded".

I responded to each and every point of this letter. If anyone is interested in what I wrote, I would be glad to send it.

When we were first denied last March, I wrote to VJ asking for help. It appeared no one had been through this before except for one person, Jackie I think. She decided not to answer the NOID and get married instead. That was not an option for me. I am glad Kiya you have brought up that there are a lot of couples denied visas in Morocco. It cannot be won at the consular level. I believe it must be taken higher. So many had heard this or that. Come on, we cant go on what we heard...i.e.they are being more careful after 911 or there is a quota. None of that fits to our situations at all. I did so much research and I found the laws they are in violation of. I spent hours and hours researching. I called immigration attorneys, most who know nothing of denied visa and returns. I am willing to share all that I have learned with anyone who wants to know. All I ask in return is that you write and complain about what is going on. It will take a large number of people to do this. I even thought of starting a group for people who have been denied to share info.

Another bit of info for all those who have been denied and are awaiting the NOID... get your proof ready now! You will only have 30 days to get it all togther once you do receive the notice. I made 3 sets. One set I sent before I received the letter. The second set I sent after I received the letter. The third set I kept. I sent so much proof it weughed over 7 pounds when I mailed it!! I am hoping it all went to Casa!

[morocco4ever 63]

Chiquita, I want to hear your response, and yes I would be willing to write a letter to complain. There were many violations in our case, and in so many others. The problem we all have is that they won't tell us the reasons they believe that our marriages aren't valid. So in order to send this letter we really need all of the facts. I have a strong idea of why they sent ours back, but when it boils down to it strong idea and hunches aren't good enough to fight it. Most people don't even have that!

Now just going off of my memory of the memo on sending back petitions, they state that they have to have more than a suspicion, they have to have something solid. I do believe we have all been subject to that one. But how do we fight it without knowing what their "solid proof" is?

Second, they are suppose to give us the reason. This one we can fight, I don't have any documentation that states why they sent back. It only says for further review.

Third, they are suppose to give us an opportunity to prove our case at the consular level. I didn't get that...did anyone else? I highly doubt that.

I had filed for a FOIA back in October. of course after I paid a lawyer $500 to file this on her word that this would be answered in 60 days I now find out that it will probably take 8 months. And the letter they sent said it would be faster since it is a simple request...lol Okay, that was a waste of money!

So I am ready to write, but before I do can anyone think of anything else that would be pertinent? And of course another concern. Will this letter jeapordize our possibilities of getting a visa? If so, I will wait until he gets the visa to complain. I know...this is the US...we have rights....blah blah blah. Well my rights were removed once I married a foreigner and to be honest, I am concerned that if I speak up then I will lose the only chance I have left.

[hurriya 0]

Thank you SO much for the info here. I would like to be kept abreast of the various information/developments and will attempt to post/assist however possible. I will also add what info I am able to derive as available. Unfortunately, however, I am unable to come onto VJ now until late in the evening most days. I have also been unable to get alot done to combat denial on my case because of my job and the hours I work. I am so completely depressed now and unsure of where/who to turn. It's enough that I feel as if my entire world has been uprooted, but it's almost as if I CAN'T fight back. I am at such a loss. I am so close to just pulling up roots and leaving the US for good. Too many obstacles have blocked our path all along the way and I simply don't have the strength to endure more. Without losing my job, I don't have a chance of making the necessary calls, type letters or research the net to make the connections to get things done. I really don't know what to do. I'm at my wit's end.

Edited January 31, 2006 by kader