Returning Petitions to the United States via 221g

[~kiyah~ 14]

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.

[~kiyah~ 14]

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.

[~kiyah~ 14]

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

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.

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~

[Ahmed & Ella 0]

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

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

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~

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

[~kiyah~ 14]

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~

[Private 1]

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.

[sarah and hicham 3]

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?

[~kiyah~ 14]

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.

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~

[Ahmed & Ella 0]

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.

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

[Private 1]

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.

[chiquita 0]

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.

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

[chiquita 0]

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.

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~

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

[~kiyah~ 14]

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~

[Ahmed & Ella 0]

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.

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

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

[~kiyah~ 14]

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~

Edited January 26, 2007 by Kiya