Hold case/221G & Refusal/214B

[Daniom85 0]

My finace currently went on his interview on the 19th of Aug (in new delhi). When he called me giving me the very disappointing news. I did not know what to think about the whole situation. I did not know how can someone say that we aren't not in a real relationship. It was just beyond me in this way. I have called lawyers and they advised me the only thing I can do is go to India and marry him. I feel like there has to be a reason why they would not give us a straight answer regarding this.

In my attempt to get an answer, I have been to several web pages regarding the 221(g) which is considered to be a soft refusal and they are in need of more information. I am not sure what they need regarding this because they did inform my fiance to submit any further information.

Is there anything left for us to do?? Is there any hope regarding this visa being approved? My fiance received this following letter on the day of his interview.

"After reviewing the evidence provided by you, the consular officer has concluded that there is insufficient evidence of your intent to marry the petitioner within 90 days of arrival in the United State. You are therefore ineligible for a visa under Section 221 (G) of the immigration and nationality Act.

We are returning the petition to the National Visa Centre (NVC). Any further inquiries may be addressed to the approving United States Citizenship and Immigration Services (USCIS) office."

We also received these documentation of the interview transcript.

They gave his passport back without rejection stamp in it. I was told that if they will reject a visa that they will stamp his passport... Can I please get help and guidance in this issue?

[Theboz 10]

All may not be lost. You may need to give them more information that was needed at the interview. Did you have an document that stated that you are affirming your desire to marry your fiance(e) and your continued support of the K-1 Visa. Did you send your Fiancé documents of your relationship?

[Daniom85 0]

All may not be lost. You may need to give them more information that was needed at the interview. Did you have an document that stated that you are affirming your desire to marry your fiance(e) and your continued support of the K-1 Visa. Did you send your Fiancé documents of your relationship?

We had documentation that I as the petitioner had intention to marry him with in 90 days. I also sent documentation about our relationship. He had our keku phone history printed out, ready to give the interviewer and refused to take the extra documentation. We do not chat on the internet any more, so we only have phone records. I also have what's up history and we have certain photos. All of our old e-mails from 5 years ago has been lost because of my e-mail account being hacked into and he forgetting his log in for his old id. We had all the document needed for the interview.

[jan22 2,903]

A refusal under 214(b) is not possible for a K1 visa, so 221(g) is essentially used for all refusals. The fact that they said they were returning the petition and did not ask for additional information means they made a final decision for this application (denied). You need to do as they indicated and contact USCIS office.

BTW, Embassies have not stamped passports for denied applicants for quite a few years, so the fact his was not stamped is the norm.

Good luck on your next steps.

[Daniom85 0]

A refusal under 214(b) is not possible for a K1 visa, so 221(g) is essentially used for all refusals. The fact that they said they were returning the petition and did not ask for additional information means they made a final decision for this application (denied). You need to do as they indicated and contact USCIS office.

BTW, Embassies have not stamped passports for denied applicants for quite a few years, so the fact his was not stamped is the norm.

Good luck on your next steps.

We were told by the USCIS that we would have to wait 120 days before they reviewed the case again. They said there is a small possibility they might approve the case after they reviewed it for a second time. Is this not the case because they did not require anymore information?

[jan22 2,903]

We were told by the USCIS that we would have to wait 120 days before they reviewed the case again. They said there is a small possibility they might approve the case after they reviewed it for a second time. Is this not the case because they did not require anymore information?

If I understood your post correctly, it was the Embassy -- during the visa interview -- that did not ask for additional information. That has nothing to do with the USCIS review of the process; they will review their records and the information provided by the Embassy from the interview. Doesn't matter to USCIS process that the Embassy didn't ask for additional info.

[Daniom85 0]

I have been calling the USCIS and NVC almost everyday since we have been denied. I recently was told that the NVC sent the case to USCIS on October the 7th. I have called the USCIS to see if they have received the case. I was told by an immigration officer that I need to keep calling at least every two weeks to see what the update of the case is. She warn me that it most likely will take up to 12 -24 months before USCIS reviews my case. This is very disappointing news!!!

I was advised by my EX lawyer that the only option we have left is to apply for the k3 visa. We are wondering since it is in the middle of a process with the K1, will this effect our k3 process any? What are the chances of it being denied and being sent through the same process as our k1 visa?? Since we were denied based off the fact they do not believe he would marry me with in 90 days of entering the states, then if we were already married what bases do they have to deny our visa again?

Should we wait until we hear something from the USCIS? I am not sure what to do... at this point.

We are both extremely frustrated....

[kehills 217]

I'm not sure why you would apply for a K3-it sounds like your lawyer isn't as familiar with the processes as she or he should be. If you went to India to marry your fiancé, you could then petition for the IR1/CR1 (married) VISA. Many people from high fraud countries end up going this way after a K1 is denied. Some people file a K3 at the same time, but this was more for when the IR1/CR1 took much longer than it does now; these days, it seems like most K3 cases get folded in to the IR1/CR1 and closed out in favor of the other petition.

You do need to think about what red flags/reasons that may have been behind the denial. You will need to address these things. So what reasons did they have for believing your fiancé would not marry you? What circumstances around your case are suspicious?

[Daniom85 0]

I'm not sure why you would apply for a K3-it sounds like your lawyer isn't as familiar with the processes as she or he should be. If you went to India to marry your fiancé, you could then petition for the IR1/CR1 (married) VISA. Many people from high fraud countries end up going this way after a K1 is denied. Some people file a K3 at the same time, but this was more for when the IR1/CR1 took much longer than it does now; these days, it seems like most K3 cases get folded in to the IR1/CR1 and closed out in favor of the other petition.

You do need to think about what red flags/reasons that may have been behind the denial. You will need to address these things. So what reasons did they have for believing your fiancé would not marry you? What circumstances around your case are suspicious?

I agree with you, when you mention how my lawyer was not familiar with the case. She was a complete waste of money and time. Besides all the ####### I had to deal with, she was quick to move on after the fact. IR1/CR1 is actually new to me. I was only aware of the k1/k3 visas.

As far as the red flags/ reasons we were denied. The refusal letter only stated that they did not believe we would marry with in 90 days. Other than that, we could not get a straight answer and trying to get one has been unsuccessful. They informed me that once my case get to USCIS then we will be given a proper reason. I was told by a lawyer that there was a possibility that because I was an white American women and he was an Indian that our success rate was low. As you can see I am getting bits and pieces of information here and there. Everytime I call I get something completely different.

Like my above post, I stated that I was just informed to call NVC/USCIS for more information. Even then, I was unable to get any what so ever. If there is any possible information you can give me. Would be greatful! I really need as much gudience as possiable. I am so lost!

Thank you for your post again!

I'm not sure why you would apply for a K3-it sounds like your lawyer isn't as familiar with the processes as she or he should be. If you went to India to marry your fiancé, you could then petition for the IR1/CR1 (married) VISA. Many people from high fraud countries end up going this way after a K1 is denied. Some people file a K3 at the same time, but this was more for when the IR1/CR1 took much longer than it does now; these days, it seems like most K3 cases get folded in to the IR1/CR1 and closed out in favor of the other petition.

You do need to think about what red flags/reasons that may have been behind the denial. You will need to address these things. So what reasons did they have for believing your fiancé would not marry you? What circumstances around your case are suspicious?

I agree with you, when you mention how my lawyer was not familiar with the case. She was a complete waste of money and time. Besides all the ####### I had to deal with, she was quick to move on after the fact. IR1/CR1 is actually new to me. I was only aware of the k1/k3 visas.

As far as the red flags/ reasons we were denied. The refusal letter only stated that they did not believe we would marry with in 90 days. Other than that, we could not get a straight answer and trying to get one has been unsuccessful. They informed me that once my case get to USCIS then we will be given a proper reason. I was told by a lawyer that there was a possibility that because I was an white American women and he was an Indian that our success rate was low. As you can see I am getting bits and pieces of information here and there. Everytime I call I get something completely different.

Like my above post, I stated that I was just informed to call NVC/USCIS for more information. Even then, I was unable to get any what so ever. If there is any possible information you can give me. Would be greatful! I really need as much gudience as possiable. I am so lost!

Thank you for your post again!

I'm not sure why you would apply for a K3-it sounds like your lawyer isn't as familiar with the processes as she or he should be. If you went to India to marry your fiancé, you could then petition for the IR1/CR1 (married) VISA. Many people from high fraud countries end up going this way after a K1 is denied. Some people file a K3 at the same time, but this was more for when the IR1/CR1 took much longer than it does now; these days, it seems like most K3 cases get folded in to the IR1/CR1 and closed out in favor of the other petition.

You do need to think about what red flags/reasons that may have been behind the denial. You will need to address these things. So what reasons did they have for believing your fiancé would not marry you? What circumstances around your case are suspicious?

I agree with you, when you mention how my lawyer was not familiar with the case. She was a complete waste of money and time. Besides all the ####### I had to deal with, she was quick to move on after the fact. IR1/CR1 is actually new to me. I was only aware of the k1/k3 visas.

As far as the red flags/ reasons we were denied. The refusal letter only stated that they did not believe we would marry with in 90 days. Other than that, we could not get a straight answer and trying to get one has been unsuccessful. They informed me that once my case get to USCIS then we will be given a proper reason. I was told by a lawyer that there was a possibility that because I was an white American women and he was an Indian that our success rate was low. As you can see I am getting bits and pieces of information here and there. Everytime I call I get something completely different.

Like my above post, I stated that I was just informed to call NVC/USCIS for more information. Even then, I was unable to get any what so ever. If there is any possible information you can give me. Would be greatful! I really need as much gudience as possiable. I am so lost!

Thank you for your post again!

Sorry for the multiple replies...my browser lags!

[NigeriaorBust 4,087]

K1 have about 0 chance of being reviewed , they are almost always declared expired and you can pursue whatever path you want on your next attempt