Returning Petitions to the United States via 221g

[~kiyah~ 14]

Dre: I am so sorry about all of this. I know it is very hard, please know that you are not alone. There are many of us who have gone through and many still going through the return process. We understand exactly how you are feeling and what you are going through. Everytime I read about another petition return, it opens up the old wound and it hurts all over again.

Until the CSC receives your returned petition/application and reviews it, you have a lot of time to continue to compile your evidence of relationship and marriage. If you have not been to visit him in a while, now is a good time to plan it...plan it for within the next 2 months if at all possible. One thing the USCIS will be looking to see is if you have spent time together in person since the interview and petition return. When they send you the NOIR/NOID they are going to want "new" evidence of the relationship you share together, not just evidence of a valid marriage.

Use this time to your advantage...compile as much new evidence as possible. This evidence includes another visit, more photos, video if you can swing it, letters between the two of you, emails, phone calls, letters from your family, letters from his family, letters from friends who know you both as a married couple, letters/emails between him and your family, chat logs, etc. Then when the time comes for you to rebut what ever the issue is, you can hit them with everything you've got...new quality evidence of your relationship and marriage in addition to what they already have.

Have you thought about filing for an ITIN (W7) along with a joint tax filing for 2006? I took my husband's name, changed everything here, social security, drivers license, bank account, credit cards. I put his name on the credit cards, and I filed his ITIN along with our 2006 joint tax filing. I can't put his name on the bank account until he is here, but I did get a letter from my bank stating such...due to the patriot act. Do you happen to share a bank account or have you sent money back and forth to each other when needed? In combination with your valid marriage certificate, letters from family and friends, and other evidence of relationship, this is all quality evidence of a valid marriage.

Hang in there, try to visit if you can, right now you have time...use it to your advantage. Know you are not alone, you really are not alone. Rant, vent, scream, cry...we're here to support you. <BIG HUG>

~Kiyah~

[Moe_lisa 0]

I agree, this should be pinned! You can count my vote in! It's very disheartening when you get the 221g and you don't know what to do or where to turn. If more people can read this and help them out no matter what embassy they are going thru, then it will be a great blessing to them! I am amazed that all this information is right here on VJ! Keep up the good work Kiya!

Lisa

[paisita411 0]

Kiva,

Thank you for your reply and for all of your advice. I'm glad you mentioned the 2006 tax return issue. I knew that its possible to get his ITIN but I wasn't sure if it was legal for me to file jointly with him. Since you mentioned it, I will look into doing this since I haven't filed yet.

Originally, I was waiting for my husband to get here and to have our church wedding in July to change name, but since returning from the Embassy, I've changed EVERYTHING, the only thing pending is my passport and I sent that in on 3/8...so I should have it back in 6-10 weeks. I've also started adding him to my utilities and such. Washington Mutual, my bank, suggested I open a joint account with him Online to circumvent the Patriot Act regualtions. I can start using the account as soon as its opened. I plan to use this account for any bank transfers back and forth. I also plan on visiting him in late April or early May and we're planning to meeting in Madrid, Spain for a vacation in Europe this October (maybe a little late for the IRLetter), but we're following your advice in each category. I've sent my FOIA letters and ccd my Senator's office (they've been involved since week 1). I'm getting letters from everyone that knows us and as soon as I have them together I'll send them to the CSC and NVC.

Sister, thank you again for your support, not only towards me, but what you do for everyone in this community. If you ever think its not worth it, think of me. I don't know where I would have been without you. NOT ONE of the 5 lawyers I spoke to (and paid $350 in fees to) gave me 1/8 of the info that you've provided. You're worth you're weight in GOLD.

XOXOX

Dre

Edited March 13, 2007 by OskaryAndrea

[~kiyah~ 14]

Kiva,

Thank you for your reply and for all of your advice. I'm glad you mentioned the 2006 tax return issue. I knew that its possible to get his ITIN but I wasn't sure if it was legal for me to file jointly with him. Since you mentioned it, I will look into doing this since I haven't filed yet.

Originally, I was waiting for my husband to get here and to have our church wedding in July to change name, but since returning from the Embassy, I've changed EVERYTHING, the only thing pending is my passport and I sent that in on 3/8...so I should have it back in 6-10 weeks. I've also started adding him to my utilities and such. Washington Mutual, my bank, suggested I open a joint account with him Online to circumvent the Patriot Act regualtions. I can start using the account as soon as its opened. I plan to use this account for any bank transfers back and forth. I also plan on visiting him in late April or early May and we're planning to meeting in Madrid, Spain for a vacation in Europe this October (maybe a little late for the IRLetter), but we're following your advice in each category. I've sent my FOIA letters and ccd my Senator's office (they've been involved since week 1). I'm getting letters from everyone that knows us and as soon as I have them together I'll send them to the CSC and NVC.

Sister, thank you again for your support, not only towards me, but what you do for everyone in this community. If you ever think its not worth it, think of me. I don't know where I would have been without you. NOT ONE of the 5 lawyers I spoke to (and paid $350 in fees to) gave me 1/8 of the info that you've provided. You're worth you're weight in GOLD.

XOXOX

Dre

You are sooooo welcome, thank you so much for your kind words. I know how hard this is, not knowing what to do, where to turn, or what will happen. This has been by far the most trying ordeal of our lives. If I can help save 1 person 1 ounce of grief and heartache by sharing what myself and others have researched and experienced, then I am so happy for that.

WAMU really suggested opening a joint account online? I use WAMU, and they told me he has to be able to come in the branch in person to prove his identity. Hmmmmm. If you try this and it works for you, please share how you did it. We want so much to be able to share a bank account now...not just for proof of our marriage, but it sure would make things alot easier for us financially.

If you can swing the ITIN along with a joint tax filing for 2006, do it. It is very simple, even if he did not work or pay taxes in his country, you are allowed to use his exemptions with your income alone. The W7 needs to be signed by him and is going to require a certified copy of his passport (other IDs are allowed but the passport holds a lot of weight)...an international notary is acceptable per the Hague convention. You will also need to have him sign the 2006 Tax form you use to file. If you have questions, feel free to PM me, or even call the IRS...they were extremely helpful in regards to filing my husband's ITIN and our 2006 taxes, nothing like immigration.

Good luck! Let me know if you try the online joint account with WAMU, I'm very interested in that one

~Kiyah~

[kerewin21 2]

Sister, thank you again for your support, not only towards me, but what you do for everyone in this community. If you ever think its not worth it, think of me. I don't know where I would have been without you. NOT ONE of the 5 lawyers I spoke to (and paid $350 in fees to) gave me 1/8 of the info that you've provided. You're worth you're weight in GOLD.

So true! Kiya you're an ANGEL for those who fall into this horrible situation.

Sharon

[paisita411 0]

I have SOME news. My congressman's office forwarded the response from the Embassy today.

"The petition is being returned to U.S. Citizenship and Immigration Services (USCIS) at the Department of Homeland Security (DHS) under Section 212(a)(5)(A) of the Immigration and Nationality Act. The decision of the consular officer is not final, however. A decision to revoke a petition, or to return it to us for continued processing, rests with DHS. If the petitioner wishes to pursue his application for a fiancé visa, he should contact his local USCIS office for further consideration."

I looked up Section 212(a)5(A) and it reads as follows:

Section 212(a) of the Immigration and Nationality Act reads:

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

5) Labor certification and qualifications for certain immigrants.-

(A) Labor certification.-

(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-

(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and

(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.

(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-

(I) is a member of the teaching profession, or

(II) has exceptional ability in the sciences or the arts.

I'm sending a reply to the Senator to alert him to this EXPLANATION from the embassy and the fact that my husband is applying for an Immigrant Visa, not a LABOR CERTIFICATION. Don't know how much good it will do, but there is definitely an error here.

Wish me Luck. At least the ball is rolling. Makes me feel a little better.

Dre

[~kiyah~ 14]

I can't believe they are returning the petition under 212(a)(5)(A)...this makes no sense for a I-130 petition for alien relative.

Did your husband send you a copy of the 221g or any paper he was issued at the end of his interview? Exactly what does that paper say?

The law specifically requires the DOS to provide the applicant in writing that their application and/or the petition is being returned INCLUDING under what statute it is being returned even if they are hiding the actual reason why by not stating it directly in the paper given to the applicant like what the DOS in Morocco does.

I would be interested to know what this paper says, whether it actually states 212(a)(5)(A) or 221g etc.

If your husband did not send this paper to you, have him scan it and email it to you immediately so you can read it for your own eyes. You need a copy of it anyway for your files. I would also contact that lawyer I sent you, he can help.

Good luck with this. It is at least some progress.

~Kiyah~

[paisita411 0]

Kiya, I was with him at his last inteview and the consular officer gave me a form with a bunch of statutes and circled the same one she referenced to the congressioanl aid. I looked it up yesterday and its pertaining to a Labor Certificate. I think this merits a call to a lawyer. I'll definityly get in touch with EI by tomorrow and get his take on it. By the way, I forgot to thank you for his contact info. I'll keep you posted.

Dre

[limah 1]

Hey Dre. What ever happened with your petition return for 221(a) instead of 221(g)? Any news or updates on that?

I have again just read this entire post again and I'm gld that I did. It just reminded me of a couple more thigs I need to do while I am here in Morocco.

I have the paperwork for the tax amendment I will do when I get home. My sister mentioned something about a 1040X, but I need to talk to her again because Im not sure if I need that along with the 1040 or the 1040A, or do I need either of those forms at all? As far as Abdel having to sign the actual tax return, a fax is sufficient, yes? I'll probably do my name change first, though, and then amend the taxes.

We went to Citigroup here in Morocco and we cant open an account there, I think they said its not for individual accounts like the ones in the states. So we went to BMCE, and I can open one there. We can't have a joint account there because we have different nationalities, and he can only withdraw dirhams from his account and I would be able to withdraw both dollars and dirhams while here in morocco. So I will just transfer money from my account to that one and he can make deposits as well, into it. She said I woud have to live here for 5 years for us to be able to share an account . So Im going in there with my passport and $50 and open my own account.

We were also concerned with the fact that if I put money into his account, will it look like he is using me for money. Let me clarify something.... I have never sent him money. He will not let me. Even while I am here now, he doesnt want me to spend my money. I wanted to sneak and get him something while we were in the store. Besides, the salesperson and I couldn't understand each other! He ended up buying it himself! I wanted it to be a gift from ME!

Do we need to be worried about that? I think I read somewhere before that a wife was sending her husband money very frequently thru western union and it turned out to not be good thing, for them anyway.

But the main purpose of the bank account is for evidence, blah, blah, blah! Of course we'll use it for our financial purposes, but the main thig we are focused on is "proof".

I can't stand this!

I also remember reading in this thread, something about the dowry? I dont know if that was just for Pakistan or a part of the return process or what but she said that, she, the USC, had an interview and they grilled her for 2 hours? Whats that about?

Anyway.... I'm outta here. I'm gonna try to get me some sun. Its been raining here lately..............

Limah

[maryandatif 0]

Hey Dre. What ever happened with your petition return for 221(a) instead of 221(g)? Any news or updates on that?

I have again just read this entire post again and I'm gld that I did. It just reminded me of a couple more thigs I need to do while I am here in Morocco.

I have the paperwork for the tax amendment I will do when I get home. My sister mentioned something about a 1040X, but I need to talk to her again because Im not sure if I need that along with the 1040 or the 1040A, or do I need either of those forms at all? As far as Abdel having to sign the actual tax return, a fax is sufficient, yes? I'll probably do my name change first, though, and then amend the taxes.

We went to Citigroup here in Morocco and we cant open an account there, I think they said its not for individual accounts like the ones in the states. So we went to BMCE, and I can open one there. We can't have a joint account there because we have different nationalities, and he can only withdraw dirhams from his account and I would be able to withdraw both dollars and dirhams while here in morocco. So I will just transfer money from my account to that one and he can make deposits as well, into it. She said I woud have to live here for 5 years for us to be able to share an account . So Im going in there with my passport and $50 and open my own account.

We were also concerned with the fact that if I put money into his account, will it look like he is using me for money. Let me clarify something.... I have never sent him money. He will not let me. Even while I am here now, he doesnt want me to spend my money. I wanted to sneak and get him something while we were in the store. Besides, the salesperson and I couldn't understand each other! He ended up buying it himself! I wanted it to be a gift from ME!

Do we need to be worried about that? I think I read somewhere before that a wife was sending her husband money very frequently thru western union and it turned out to not be good thing, for them anyway.

But the main purpose of the bank account is for evidence, blah, blah, blah! Of course we'll use it for our financial purposes, but the main thig we are focused on is "proof".

I can't stand this!

I also remember reading in this thread, something about the dowry? I dont know if that was just for Pakistan or a part of the return process or what but she said that, she, the USC, had an interview and they grilled her for 2 hours? Whats that about?

Anyway.... I'm outta here. I'm gonna try to get me some sun. Its been raining here lately..............

Limah

Limah,

I think that was Chiquita that had the interview to reaffirm her petition.

Take p;enty of pics of the both of you---of course if your man is a peticular as mine, it might take a while to get pics of you together---I swear that man wouldn't ask anybody to take pics of us the whole time I was there! and My son and I stayed with him close to 6 months! LOLOL

Have fun!

Mary K.

[limah 1]

So when thy review the case, they're going to interview me? I think thats what I read and it said to make sure the dowry is justifible. I beelieve it was Babybunny, is she still around? Anybody know? I also think she went thru pakistan, thats why I'd pointed out that geographical location spcifically, I have to go back between pgs 10 n 11 I believe thats about the area I saw that post referring to what I was talking about.

I feel you on the picture taking...... Abdel isn't so bad about takin pictures. While Im here anyway. While I was at home I would beg him to get pictures and send them to me. He would send like 3 or 4, and when I send him pics of the goings on at home I send like 30 pictures, online n actual photos. We've taken close to 300 I believe, and theres room for more. We're putting them in on monday tho. I may have to leave early, my daughter is begging me to come home, and my little sister has the house in disarray (spelling?). So I'm going in, kicking the door down and get my house back in order! Abdel agrees that I should go, both of our mothers are deceased and we talked about that, and of course he understands. I'm still mad at lil sis and I do miss my daughter.

I'm gonna try not to go off TOO bad!

We'll be back for the summer as long as my plans workout!

Later everybody!

Limah

[limah 1]

Mary K., u stayd here for 6 months? Really? First of all how old is your son because my daughter is 13 and school is a huge factor for me. I think all the time about how I'd go about doing that one.... if it came down to it. And also, dont you haave to file some type of documentation if u stay in Maroc longer than 3 months. I plan on staying all summer.

We were talking last night, and Abdel sked me... If I knew this would happen with the visa and the 221 g would I have still married him. It was just one of those I have moments I dont want to forget, it is just something about his yes that I can NOT explain, mmm-mmmm-mmmmmm!!!

I told him of course I would have and that we just have to do what we have to do, pretty much what we are doing anyway. Eventually we will be posting our news that we are together. Whether its thats he is in the USA, or that I am here for good in Morocco. He told me that in 1 year I would be ready to go back home. I said, if you're willing to give up your way of living, being around your friends and family, I would do it too. It'd probably be easier for me anyway, I have 2 people that I consider "true" friends, and I don't really see anyone in my family anyway. So an occasional visit, blah, blah, blah... yall get the picture.

Later everybody! Im going to cuddle and watch a movie!

Limah

Edited April 1, 2007 by limah

[Marriednow 4]

Just tell me what to do, and I'm in!!! I know this will be a serious issue for Hamid and me. Debbie

[chiquita 0]

Kiya, I was with him at his last inteview and the consular officer gave me a form with a bunch of statutes and circled the same one she referenced to the congressioanl aid. I looked it up yesterday and its pertaining to a Labor Certificate. I think this merits a call to a lawyer. I'll definityly get in touch with EI by tomorrow and get his take on it. By the way, I forgot to thank you for his contact info. I'll keep you posted.

Dre

opps, sounds like someone made a boo boo.

do you have a copy of the paper the CO gave to your husband with the 212(a)(5)(A) written on it?

chi

[chiquita 0]

Do we need to be worried about that? I think I read somewhere before that a wife was sending her husband money very frequently thru western union and it turned out to not be good thing, for them anyway.

But the main purpose of the bank account is for evidence, blah, blah, blah! Of course we'll use it for our financial purposes, but the main thig we are focused on is "proof".

i never heard of needing a Moroccan bank account for 'proof' of a relationship. where did you get that info at?

I also remember reading in this thread, something about the dowry? I dont know if that was just for Pakistan or a part of the return process or what but she said that, she, the USC, had an interview and they grilled her for 2 hours? Whats that about?

gee never heard that from morocco either.