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freddybros

Urgent help needed fiancee visa refused gave 221g form to submit more documents.

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Filed: K-1 Visa Country: India
Timeline

Hi!

Its sad that my fiancee got refused visa and was given 221 form asking to submit 2 documents and passport.

Doc 1) A written explanation in English of how the applicant and fiance to obtain written consent from one of her legal guardian and from a California superior judge to marry. Both of there are required for a under age to marry in California.

Can someone tell what to do now? wht exact type of documents are they asking?

and how long does it take after submitting this documents?

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Filed: Timeline
Marriage License Under 18 Years of Age

A person "Under 18" must provide a Notarized Parent or Guardian Consent Statement and an order from the Superior Court granting the minor permission to obtain a marriage license.

From: https://www.lavote.net/home/county-clerk/marriage-licenses-ceremonies/general-info/eligibility

How old is your fiancee? Can you wait until she is 18?

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Filed: Country: Norway
Timeline

Is your fiance younger than 21?


I129F SENT: 09/11/2014

Package arrived to Tx: 09/15/2014

Processing Center: CSC

NOA1: 09/17/2014

Alien Number changed: 09/22/2014

NOA2: 10/18/2014

NOA2 HARD COPY: 10/23/2014

NVC RECEIVED: 11/03/2014

EMBASSY RECEIVED: 11/172014

MEDICAL EXAM: 01/15/2015

INTERVIEW: 02/09/2015

VISA APPROVED: Yes

Ceac status: Ready Immigrant ----- AP Nonimmigrant ------ Issued

VISA IN HAND:

TRAVEL DATE:

WEDDING:

AOS SENT:

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Filed: Timeline

She is still very young.

Has her legal guardian given permission for her to marry? If yes, it shouldn't be a problem to get a statement from him/her and then have it notarised.

Not sure about the permission from a California superior court judge. You/your fiancee/her legal guardian may be required to appear in person.

This sounds like an awful lot of extra work and you may need to get a legal professional involved.

If she is unable to meet the requirements to get a marriage license in California then you cannot prove one of the requirements for the K-1 visa: that you (USC) and she (K-1 applicant) are both legally free to marry. Therefore you will get denied.

I would think withdrawing the current application, waiting until she is 18 and then re-submitting a K-1 petition. Or marry her outside the US (if/when she's legally able to do so) and then apply for a spousal visa.

Edited by landr

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Filed: Timeline

If you are determined to go down this route, I suggest calling one of the country recorder's offices in LA and asking them what you need to do to get a court order granting permission for a minor to marry:

http://rrcc.lacounty.gov/RECORDER/PDFS/confMarriageApp.pdf[scroll down to page 3 for the telephone number for your nearest office]

You might have to submit an application plus supporting documents (including the legal guardian's permission) as well as undergoing pre-marital counselling - presumably this must be done in person. The recorder's office will be able to advise you.

I'm not sure if this is going to be feasible in your situation as USCIS won't grant you a fiance(e) visa without these documents and you may not be able to get the court order unless your fiance(e) appears in person. Again though, speak to the recorder's office.

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Filed: K-1 Visa Country: Congo DR
Timeline

Please wait until she is 18 years old its better that way.


I-129F sent:06/06/2014

Package Accepted:06/09/2014

NOA1(EMail & Text):06/12/2014

Hardcopy Received(Mail):06/14/2014

Service Request Submitted:10/30/2014

Alien Registration number changed:11/04/2014

NOA2(Email&Text):12/29/2014

NOA2(Hardcopy Received):12/26/2014

NVC Arrived:1/06/2015

NVC Left:1/21/2015

Sent to the Embassy:1/22/2015

Embassy Received:1/26/2015

Medical Date:01/30/2015

Interview Date :02/18/2015

Visa in Hand:3/11/2015

Marriage Date :04/06/215

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Filed: AOS (apr) Country: Russia
Timeline

Can someone tell what to do now? wht exact type of documents are they asking?

A written explanation in English of how the applicant and fiance to obtain written consent from one of her legal guardian and from a California superior judge to marry. Both of there are required for a under age to marry in California.

and how long does it take after submitting this documents?

A week to a year.


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Filed: Citizen (apr) Country: Ecuador
Timeline

One noncontributory post removed. Thread moved from K-1 Process forum to Embassy/Consulate forum -- 221g is at that stage. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: K-1 Visa Country: India
Timeline

I spoke to attorney today which gave me 2 options

option 1) I have to personally go to court and grant permission from judge in CA.

option 2) I and My fiancee make affidavit stating that we are going to marry in Las Vegas, affidavit of her parent ( consent to marry) and attach laws of Las Vegas submit to drop location of consulate. Las vegas is the only state which accept written notarized consent letter without parent being present.

So I m thinking to go for option 2 please give me your thoughts. Attorney told me that since I m from CA so consulate thought marriage will be done in CA and so they gave 221g to submit earlier documents.

Also wants to know how long will it take for them to reply back after submitting documents.

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Filed: K-1 Visa Country: Nicaragua
Timeline

baron555 is right - it will be a week to a year for them to reply back to you.


April 27, 2016: I-751 mailed

May 2: I-751 received

May ??? NOA1

May 12: Check cashed

May 31: Biometrics appointment scheduled

June 1: Biometrics appointment letter arrives!

June 2: Biometrics walk-in

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Filed: AOS (apr) Country: Cyprus
Timeline

I would go with a 1. and 2. combo :

The CO worded he wanted a CA judge consent so I would do exactly that and not go the Las Vegas route.

Then submit another notarized written consent from her legal guardians.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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