221g what does it mean

[luvofghana 3]

Please anybody I need advice and help. My fiance had his interview in Ghana today where he was asked very few questions. We came prepared with a ton of supporting evidence of our relationship and all other needed documentation. He was asked to go out and take a seat a few minutes later he was called to the window and told his visa could not be approved and given a letter on a white sheet of paper that said applicant is ineligable uner 221g INA. But gave no reason for such nor did the consular tell him a reason. So what does that mean and what do we do now? His police certs all came back clear and so did his medicals. I don't understand. I can thinbk of one possiblke mistake and that was I forgot to list his son on my I-129f application and we wanted him to come at the same time with my fiance, could that be why?

[Redlove76 28]

That is the so called "Administrative Processing", unfortunately there is nothing you can do but wait. There is no telling how long AP can last.

[luvofghana 3]

Thank you

[NigeriaorBust 4,087]

It is not AP, he has an ineligibility or they don't believe you have a relationship. What questions were asked during the interview ?

[TBoneTX 43,058]

*** Thread moved from K-1 Process forum to the Embassy/Consulate forum -- topic involves that phase. ***

[KayDeeCee 4,891]

That is the so called "Administrative Processing", unfortunately there is nothing you can do but wait. There is no telling how long AP can last.

This is not simply being in AP. This person was told they were ineligible for the visa, not that they needed to wait in AP for the visa to be issued.

OP, this is what the 221g is >

Section 221(g) of the Immigration and Nationality Act

(g) No visa or other documentation shall be issued to an alien if (1) it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law, (2) the application fails to comply with the provisions of this Act, or the regulations issued thereunder, or (3) the consular officer knows or has reason to believe that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law: Provided, That a visa or other documentation may be issued to an alien who is within the purview of section 212(a)(4), if such alien is otherwise entitled to receive a visa or other documentation, upon receipt of notice by the consular officer from the Attorney General of the giving of a bond or undertaking providing indemnity as in the case of aliens admitted under section 213: Provided further, That a visa may be issued to an alien defined in section 101(a)(15)(B) or (F ), if such alien is otherwise entitled to receive a visa, upon receipt of a notice by the consular officer from the Attorney General of the giving of a bond with sufficient surety in such sum and containing such conditions as the consular officer shall prescribe, to insure that at the expiration of the time for which such alien has been admitted by the Attorney General, as provided in section 214(a), or upon failure to maintain the status under which he was admitted, or to maintain any status subsequently acquired under section 248 of the Act, such alien will depart from the United States.

http://travel.state.gov/content/visas/english/general/ineligibilities.html#visa

There is some reason the CO felt he was not eligible to receive the visa. Any idea at all what could possibly make him inadmissible?

[Fuji1978 33]

I'm thinking that if they forgot to add the beneficiaries son for a K-3 and that was brought up at the interview, that could be a reason to be not eligible? Can anyone confirm that could be the reason?

[Mike-eeh and Odie 192]

I'm thinking that if they forgot to add the beneficiaries son for a K-3 and that was brought up at the interview, that could be a reason to be not eligible? Can anyone confirm that could be the reason?

His son does not have to travel with him on a K3 visa, as his son can always be petitioned later after the marriage. The reasons why he was denied a visa has everything to do with the evidence you provided the C.O. The C.O. denied your fiance because he/she did not believe your relationship was bonafide and/or legitimate.

To overcome the denial you must first go over your submitted evidence and focus on what more the consulate needs to validate your relationship as real. You may have to visit each other a few more times. Or it could be that he is very much younger than you and is subject to more scrutiny. Your social network pages may tell a different story than what was submitted, (yes they do check your facebook and twitter accounts).

Good luck!

[msbau764 245]

His son does not have to travel with him on a K3 visa, as his son can always be petitioned later after the marriage. The reasons why he was denied a visa has everything to do with the evidence you provided the C.O. The C.O. denied your fiance because he/she did not believe your relationship was bonafide and/or legitimate.

To overcome the denial you must first go over your submitted evidence and focus on what more the consulate needs to validate your relationship as real. You may have to visit each other a few more times. Or it could be that he is very much younger than you and is subject to more scrutiny. Your social network pages may tell a different story than what was submitted, (yes they do check your facebook and twitter accounts).

Good luck!

omitting your child on an immigration form is a major red flag and could be the cause for denial. I believe one of the forms asks if you have any children. by not answering you are lying to the government..

[msbau764 245]

Thank you

(C) Misrepresentation.-

(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

Not disclosing a child is a material fact.

I remember a Canadian being denied under the "moral turpitude" because they accused her of abandoning her children. At a high-fraud consulate, that could very well be the case. Just speculating.

http://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html

[luckyef 2]

I went to dakar embassy I was place AP ON THE 9, how old is your fiance ?

[luvofghana 3]

It is not AP, he has an ineligibility or they don't believe you have a relationship. What questions were asked during the interview ?

She questioned him and his son about my time there, where we stayed, what we ate, what religion I am, who paid for the hotel where we stayed who paid for my plane ticket ect.... My fiance has a clean background, good work history, clear medical.

My fiance is 12 years younger then me and I'm sorry but I have seen others with allot bigger age gap then that so I don't believe its an age issue

[luvofghana 3]

By the time I realized I had submitted the I-129f petition that did not list his son I immediatly called USCIS and the NVC both told me to email the consulars office and tell them to add him and that's all I needed to do. I sent three emails to the Ghana embassy until I got a response and they told us to notify the consular of that at the interview. Unfortunatly the consular did not give my fiance the time to do that.. but he brought his son with him to the interview like we were told to do and the consular asked him questions and he did a great job talking to her and hes only 10 years old.

Edited December 11, 2014 by devswallah

[AmyWrites 593]

She questioned him and his son about my time there, where we stayed, what we ate, what religion I am, who paid for the hotel where we stayed who paid for my plane ticket ect.... My fiance has a clean background, good work history, clear medical.

My fiance is 12 years younger then me and I'm sorry but I have seen others with allot bigger age gap then that so I don't believe its an age issue

In Ghana, this is an issue/red flag. They doubt your relationship.

[msbau764 245]

In Ghana, this is an issue/red flag. They doubt your relationship.

Red flag as in discrimination.