The dreaded 221g. Advice? Insight?

[nitsirk7562 82]

So, we had our interview today. It was fairly easy. The officer said our relationship proof was solid and all my paperwork was in order. He said we are approved, but my fiancé's birth certificate didn't have his name on it. Following the embassy instructions, he thought an affidavit and school record along with his nameless birth certificate would be enough. Sadly, it wasn't. They want him to submit a valid birth certificate with his name.

I guess my question is: is this situation bad? I can't really be excited because we don't have the visa. Can anyone who's been in a similar situation shed some light on how long this might take once he submits the birth certificate?

I'm feeling pretty sad that I don't have a definitive "yes." And I feel awful my fiancé is scrambling to get a birth certificate

[dnp2014 44]

If he was born after 1970 then birth certificate is mandatory. Affidavits are accepted only for people without birth registration ... after birth certificate is submitted it won't take much time...

[nitsirk7562 82]

Yeah, he was born in 85. I wish we would have known but it's ok. He's getting it sorted. I hope we resolve it quickly. Thanks!

If he was born after 1970 then birth certificate is mandatory. Affidavits are accepted only for people without birth registration ... after birth certificate is submitted it won't take much time...

[baron555 934]

So, we had our interview today. It was fairly easy. The officer said our relationship proof was solid and all my paperwork was in order. He said we are approved, but my fiancé's birth certificate didn't have his name on it.

Well, how were they to know it was his BC if his name is not on the document. You should have known this and corrected it prior.

Following the embassy instructions, he thought an affidavit and school record along with his nameless birth certificate would be enough. Sadly, it wasn't. They want him to submit a valid birth certificate with his name.

You could have inquired with the Embassy prior to the interview. It seems so many folks are so afraid to contact their Embassy; they are nice folks and won't black list you if you ask a "bad" question.

I guess my question is: is this situation bad?

No. Did they retain his passport? If so, then produce the BC and you'll get the visa.

I can't really be excited because we don't have the visa. Can anyone who's been in a similar situation shed some light on how long this might take once he submits the birth certificate?

Might be Embassy specific question. Usually one week to one year (if additional AP is required.)

I'm feeling pretty sad that I don't have a definitive "yes." And I feel awful my fiancé is scrambling to get a birth certificate

[nitsirk7562 82]

India doesn't have the infrastructure- getting proper documentation is a huge hassle. It's not uncommon to have a birth certificate without a name because naming ceremonies are performed well after one would get a birth certificate from a hospital. So I (wrongfully) assumed that a birth certificate with his name didn't actually exist. While I do appreciate your comment, I didn't come on here to be criticized. If I could hop in a time machine and fix it I would, but here we are.

They did not retain his passport, but the 221g says to submit birth certificate with passport. I see that as a good sign. Will keep my fingers crossed that it's quick.

I do hope that others learn from an honest mistake.

[baron555 934]

India doesn't have the infrastructure- getting proper documentation is a huge hassle. It's not uncommon to have a birth certificate without a name because naming ceremonies are performed well after one would get a birth certificate from a hospital. So I (wrongfully) assumed that a birth certificate with his name didn't actually exist. While I do appreciate your comment, I didn't come on here to be criticized. If I could hop in a time machine and fix it I would, but here we are.

They did not retain his passport, but the 221g says to submit birth certificate with passport. I see that as a good sign. Will keep my fingers crossed that it's quick.

I do hope that others learn from an honest mistake.

Personal criticism was not intended but having a BC without a name seems quite odd and should have raised a flag. A simple email to the Embassy may have prevented his scrambling now and your angst. Yes it is a good sign and he ought to receive his visa when he submits the proper document. I assume he knows how to go about obtaining that.

You didn't make a mistake....but to others....asking questions of the Embassy is OK to do. There is no penalty, they are all USCs, speak English and really do want the process to flow smoothly.

[nitsirk7562 82]

My apologies, I'm a bit oversensitive today. Didn't get much sleep last night.

Looks like he'll have to call in some favors, but we're working on getting the proper birth certificate. He was born quite far from where he lives now, so he might have to fly to get one.

I was concerned that this might put us into AP waiting land, but they had no actual concerns about our relationship and the interview was pretty short, so I think we're good.

Fun fact: the Mumbai consulate phone number from inside the US (yes, I did try to call) leads to an IT help desk in California who had no idea what I was talking about

He totally should have called from in India. Live and learn!

Personal criticism was not intended but having a BC without a name seems quite odd and should have raised a flag. A simple email to the Embassy may have prevented his scrambling now and your angst. Yes it is a good sign and he ought to receive his visa when he submits the proper document. I assume he knows how to go about obtaining that.

You didn't make a mistake....but to others....asking questions of the Embassy is OK to do. There is no penalty, they are all USCs, speak English and really do want the process to flow smoothly.

[Pitaya 2,576]

~Moved from K1 Process to Waiver and Admin. Processes (221g) Forum~

~Inquiry 221g process~