221(g) "not clearly eligible"

[NatashaW 0]

Does anyone have any experience with having their K-1 returned by the embassy to DHS/USCIS for vague reasons like "not clearly eligible" under 221(g)? We showed up for what were told would be an interview with the consul (following our interview last month, after which we were told 'administrative processing' was required), but instead of an interview, we were given a piece of paper saying our case was being sent back under 221(g). They do NOT want any documents; I think they just want to deny our application. (During the interview last month, the vice consul remarked "I've seen lots of older men with younger women but I've never seen an older woman with a younger man". I am three years and 1 month older than my fiance. Also she refused to literally accept our evidence of ongoing relationship; we had photos from multiple visits, letters, emails, chat transcripts, phone bills.) If I understand correctly, our application could die a slow death waiting to be processed, in which case we'll never have a chance to present evidence to a rational human. I tried emailing the consul to ask her to take a look at our file before the diplomatic pouch is picked up but she only responds that I should contact DHS/USCIS. Some friends say I need a lawyer to fight this, others say a lawyer can't help, all we can do is wait. For possibly 2 years. Please, if you have any experience with this, please give an idea of what I should be doing.

[milimelo 4,500]

You can contact your congressman to help you with this. Whatever you do make sure the petitions stays in the embassy and is not returned to the USCIS.

A call to the State Department could also help.

[NatashaW 0]

Thanks for the tip. An aide to a senator has promised to call. Who should I call in the State Department?

[Dakine 26]

Call your senator AND congressman. One of them should have an immigration specialist on their staff that can get right to the bottom of what's happening. Do it today as you don't want the petition going back to USCIS. You have to get the decision changed while still at the embassy.

BEEN THERE, DONE IT.

[Minya's wife 25]

What else, besides "not clearly eligible" does your 221g refusal say? Reverse age difference is not a valid refusal to issue the K-1....and the consul is not allowed to re-adjudicate the initial I129F, which is where the eligibility question was dealt with. So since they aren't allowed to refuse based on reverse age-difference prejudices, they have to refuse for a 'valid' reason...therefore taht 'not clearly eligible' bs. Find out what they mean, what ineligibility?

You need to immediately contact the consulate (e-mail, or phone) and make sure the case stays at the consulate and not sent back. Ask for an explanation of what is the 'ineligibility'? Its good that you contacted your senator....perhaps a call to the NVC may give you more information as to the what the ineligibility finding is.

-P

[NatashaW 0]

What else, besides "not clearly eligible" does your 221g refusal say? Reverse age difference is not a valid refusal to issue the K-1....and the consul is not allowed to re-adjudicate the initial I129F, which is where the eligibility question was dealt with. So since they aren't allowed to refuse based on reverse age-difference prejudices, they have to refuse for a 'valid' reason...therefore taht 'not clearly eligible' bs. Find out what they mean, what ineligibility?

You need to immediately contact the consulate (e-mail, or phone) and make sure the case stays at the consulate and not sent back. Ask for an explanation of what is the 'ineligibility'? Its good that you contacted your senator....perhaps a call to the NVC may give you more information as to the what the ineligibility finding is.

-P

It doesn't say anything. Just "not clearly eligible". A friend recommended I file a request to see the vice-consul's report under the Freedom of Information Act; I'll do that after the Senator and Congressman have tried their best to get the consul to take it out of diplomatic pouch. When I email, they don't answer questions, they just refer me to USCIS.

[Arabella 4]

How can they refuse based on your age difference? That really scares me. I am 9 years older than my fiance. He is Canadian and I am pretty sure that they are not given to ageism or stereotypes like what you are experiencing, but if it happened to you it could happen to any one!

3 years is nothing. Love is not about age. Age is just a number. You should fight this. It's outrageous!

Edited March 19, 2009 by Arabella

[Minya's wife 25]

What else, besides "not clearly eligible" does your 221g refusal say? Reverse age difference is not a valid refusal to issue the K-1....and the consul is not allowed to re-adjudicate the initial I129F, which is where the eligibility question was dealt with. So since they aren't allowed to refuse based on reverse age-difference prejudices, they have to refuse for a 'valid' reason...therefore taht 'not clearly eligible' bs. Find out what they mean, what ineligibility?

You need to immediately contact the consulate (e-mail, or phone) and make sure the case stays at the consulate and not sent back. Ask for an explanation of what is the 'ineligibility'? Its good that you contacted your senator....perhaps a call to the NVC may give you more information as to the what the ineligibility finding is.

-P

It doesn't say anything. Just "not clearly eligible". A friend recommended I file a request to see the vice-consul's report under the Freedom of Information Act; I'll do that after the Senator and Congressman have tried their best to get the consul to take it out of diplomatic pouch. When I email, they don't answer questions, they just refer me to USCIS.

A FOIA request is for after the file has been returned stateside...and it can take weeks, and may not give you any further information that what you have in front of you. Not to harp on details, but go back and search your mind for anything that was said during the initial interview and now this second one....said by both your fiance, you (if you were there) and by the CO. As I said before,....age-discrimination is not a valid reason, so if that is the case and they want to refuse you they must write a valid reason for the refusal. NOW, an eligibility issue is valid...but must be stated....what is the ineligibility.

When did the interview (this second one occur)? Have you contacted both your Sendator and congressman?

What worries me, is if they're refering you to USCIS, it means they've already diplomatic pouched the file back to the US. Have you tried contacting the NVC....they may be able to offer more insignt into this ineligibility that is quoted on your 221g.

[Twisted K 2]

please take a look at the returning petitions forum. once you get past the pages of trying to get it pinned, there are some valid insights as to what to do. i am going through something similar, as my case has been back with uscis since Feb 4. i do know of one other lady who is from Georgia, and she is older than her fiance. they denied her, sent her case back. they decided, after they got confirmation that their k1 was officially closed, to get married, and refile a cr1. they just had their interview again, and she has received her visa. the pinned topic i was referring to is http://www.visajourney.com/forums/index.php?showtopic=3896

very good information. don't worry, you are not alone in this situation. this forum shows that there have been several people who have gone through what you are currently going through, and have been successful. i am sure someone from that forum will come along, and explain further. good luck, and we will all be with our SOs soon. true love always finds a way.

[Sylvia_n_Joseph 3]

Take a deep breath , Having this happen is shocking. They can pick on the stupidist official reason to return it. Finding out what that official reason is is the most important thing because whatever you do next all depends on fighting that reason. Yes they can't readjudacte but they do , yes they can't deny because of age difference but they will find an official reason to record on the petition. If they decide that they want to deny they just keep poking until something is "wrong". Mine hit the skids when he couldn't tell in detail what I do at work.

[Arabella 4]

Take a deep breath , Having this happen is shocking. They can pick on the stupidist official reason to return it. Finding out what that official reason is is the most important thing because whatever you do next all depends on fighting that reason. Yes they can't readjudacte but they do , yes they can't deny because of age difference but they will find an official reason to record on the petition. If they decide that they want to deny they just keep poking until something is "wrong". Mine hit the skids when he couldn't tell in detail what I do at work.

I had to lol when I read that your fiance couldn't tell in detail what you do at work. My fiance gets the play-by-play every evening of my day at work.

He even knows all of my coworkers and has met them.

He is an accountant, and if they asked me what he did I might say something like, "I don't know; add, subtract, multiply and divide?" hehe

[Sylvia_n_Joseph 3]

It isn't so funny, he knows where I work by company but it is classified work so he will never know the "details" no matter how long we are married.

[defunct 0]

No disrespect, but I don't think that anecdotal posts should be included in this type of thread. The OP has a serious problem here that needs immediate advise from people who know what they're talking about.

The age issue was already addressed as not something in itself that would cause a denial. I have heard of the issue of not being able to describe employment more than once. It happens...some people have very technical or highly-privileged positions.

[Minya's wife 25]

No disrespect, but I don't think that anecdotal posts should be included in this type of thread. The OP has a serious problem here that needs immediate advise from people who know what they're talking about.

The age issue was already addressed as not something in itself that would cause a denial. I have heard of the issue of not being able to describe employment more than once. It happens...some people have very technical or highly-privileged positions.

You're right, but SandJ's assessment was correct in that, because the CO's cannot readjudicate, they can often use more than necessary 'scrutiny' during the interview. That is why it is crucial, in a situation like this, to find out what exactly was the ineligibility....it will help guide the next steps of the petitioner.

[defunct 0]

No disrespect, but I don't think that anecdotal posts should be included in this type of thread. The OP has a serious problem here that needs immediate advise from people who know what they're talking about.

The age issue was already addressed as not something in itself that would cause a denial. I have heard of the issue of not being able to describe employment more than once. It happens...some people have very technical or highly-privileged positions.

You're right, but SandJ's assessment was correct in that, because the CO's cannot readjudicate, they can often use more than necessary 'scrutiny' during the interview. That is why it is crucial, in a situation like this, to find out what exactly was the ineligibility....it will help guide the next steps of the petitioner.

I'm now being a hypocrite by responding to something other than the original query, but I just wanted to be clear that my post was not directed towards SandJ.