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K1 in AP and 221 (g)

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Filed: K-1 Visa Country: Ghana
Timeline

Thx Mrs Bonsu, I do understand but my lawyer doesn't think I should go ahead and do the marriage thing. He insist we wait for the USCIS to contact me. Question is, do they always contact the petitioner?

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Filed: IR-1/CR-1 Visa Country: Ghana
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So what did you do joy2U1966, did u get married? My lawyer says I need to wait to find out because if we get married that same issue will resurface and I might be refused visa. So we're you given the six months duration? And you say it says interview ready meaning they are gonna call you for interview

Well, My fiancee and i have decided to get married in the next 4 months and file for CR1. I say in 4 months because My fiancee can not travel back immediately for marriage. But she can in the next four months .. We have VJ friend who also got denied the same way and they got married the next day cos the USC fiancee was already in Ghana for the interview.. So you can also get married Immediately to file for CR1. Then the embassy will know the seriousness about your relationship..

Well, i got to know the papers will expired in next 4 months because the WHITE SLIP 221G giving to me explained everything..

Ready for interview, i have no idea but i think they have not updated it yet ..

My advice is dont waste much time.. Dont wait till 6 months to hear from them.. It will be no good news so go ahead, get married and file for CR1 that is the best route ..

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Filed: IR-1/CR-1 Visa Country: Ghana
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Well, My fiancee and i have decided to get married in the next 4 months and file for CR1. I say in 4 months because My fiancee can not travel back immediately for marriage. But she can in the next four months .. We have VJ friend who also got denied the same way and they got married the next day cos the USC fiancee was already in Ghana for the interview.. So you can also get married Immediately to file for CR1. Then the embassy will know the seriousness about your relationship..

Well, i got to know the papers will expired in next 4 months because the WHITE SLIP 221G giving to me explained everything..

Ready for interview, i have no idea but i think they have not updated it yet ..

My advice is dont waste much time.. Dont wait till 6 months to hear from them.. It will be no good news so go ahead, get married and file for CR1 that is the best route ..

What Joy2u1966 said is what I agree with, not all lawyers give the best advice, what happens when you wait the six months and they don't tell you why the denied him, because sometimes they don't tell you, I don't like sounding bad but this embassy likes to make you wait for no reason on the cr1,and denie a lot of k1's, read through the Ghana forums and see what kind of Emabssy your dealing with they are considered a high fraud country so that means everyone suffers from past filers

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Filed: K-1 Visa Country: Philippines
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IMO the best route for u is to get married, I read a post of one vj member here who had the same situation as yours. Their case was sent back to uscis and thought they can appeal. So they kept waiting. Im not sure how many weeks past when uscis finally contacted them and only to say that they gonna review the case. Eventually their case is about to expired but the response from uscis is always the same. So I guess they just waiting for it to expire as everyone said here. Whatever decision u opted goodluck and hope everything will go smoothly :)

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Filed: AOS (apr) Country: Cyprus
Timeline

yes it will probably expire, BUt not always.

* first when you contact your congrass person, ask that they get what is called the reqistry number for the diplomatic pouch that the case was sent back in, this way you can trace the package

* you need to be able to to provide evidence to address their concerns, BUt the tricky part is that they dont always tell you what their concerns are

* review the interview questions completely and try to find out what red flages you have, and what would give the interview that opinion

Yes, always. Link me up to a re affirmed K1 since 2010 that did not go through VSC. Once the case has been returned the process is over

and petition will sit and expire, petitioner will get letter stating expiration.

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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Filed: AOS (apr) Country: Cyprus
Timeline

Thx Mrs Bonsu, I do understand but my lawyer doesn't think I should go ahead and do the marriage thing. He insist we wait for the USCIS to contact me. Question is, do they always contact the petitioner?

Yes, they do contact the petitioner stating that the petition has expired and you are free to file again. That's it.

No, they do not extend it at this point.

Spousal petitions do not expire.

Thx Ebunulowa, I have been to Ghana for two times after we were engaged. I had tons of evidence. But I guess the only question I think he did not answer right was how I came to yhe US. I came here through the DV lottery but my fiancée for some funny reasons we had never talked abt that assumed my older sister gave me an invitation , so he told the consular my older sister invited me. You think that was the problem?

Yes. I would say that is part of the problem.

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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Filed: K-1 Visa Country: Wales
Timeline

Yes, always. Link me up to a re affirmed K1 since 2010 that did not go through VSC. Once the case has been returned the process is over

and petition will sit and expire, petitioner will get letter stating expiration.

Never like to say it is impossible, but if it happens I also have never seen one.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: AOS (apr) Country: Cyprus
Timeline

Plus how did you know it will expire in 4 months? I guess I read somewhere that they do extend the time when they realise its gonna expire

A petition for a returned K1 will not be extended once it is received by USCIS. You are thinking of a 4 month validity expiring while the

embassy is processing the case, then they will extend it but not in this circumstance.

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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Filed: K-1 Visa Country: Ghana
Timeline

Alright thx guys, I appreciate you all for reaching out to help me. Another thing is, how do you track your application to find out if it's actually been returned? Do I call the Dept of state, or just the dept of state tracker. I wanna keep up with tracking my application.I did call the lawyer right now and he told me whatever decision u take they are there to help but he insisted that if I file another application then I won't know the reason for the refusal

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Filed: AOS (apr) Country: Cyprus
Timeline

Alright thx guys, I appreciate you all for reaching out to help me. Another thing is, how do you track your application to find out if it's actually been returned? Do I call the Dept of state, or just the dept of state tracker. I wanna keep up with tracking my application.I did call the lawyer right now and he told me whatever decision u take they are there to help but he insisted that if I file another application then I won't know the reason for the refusal

Wait for your senator to confirm that the petition has been returned.

You can call USCIS in 2 weeks or so to see if they have it back in their system. I have a feeling you will ask them what will happen and they will

mistakenly tell you that you will be reviewed. Not true so just let them babble on reading their scripted answers.

If you per chance get to talk to a tier 2 IO by specific request, he may and may not tell you the truth that they sit in a warehouse to expire with letter following.

Ask your lawyer how many K1's that have been returned have received a NOIR to respond to and if he says many then fire him and get a competent

lawyer who knows what he is talking about. He should know that no reason will be given from USCIS. Request a reason through the senator

who will directly inquire with the consulate, you may or may not get one or the blanket statement that "for immigration benefits only" or "not bona fide "

explanation. If there was a misrepresentation or other serious issue then they would have marked it on the 221g.

Here is another thread where I commented about the K1 return process so rather than repeating it I am posting this link for your information:

http://www.visajourney.com/forums/topic/552374-case-returned-to-uscis-under-221-g-and-roe/page-2

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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Filed: K-1 Visa Country: Wales
Timeline

Sounds like you know why anyway.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Ghana
Timeline

Thx Ebunulowa, I appreciate your effort in trying to help me. I have printed out the letter to the senator. I'm on my way to fax it, then what next?

Hey Boiler I didn't get ur point , what do you mean by I know why?can you elaborate Pls?

Hey Boiler what do you mean by , u think I know why? I didn't get it.

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Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

Thx Mrs Bonsu, I do understand but my lawyer doesn't think I should go ahead and do the marriage thing. He insist we wait for the USCIS to contact me. Question is, do they always contact the petitioner?

If you wait 6 months, you will be disappointed. The letter you receive from USCIS after a K1 denial in Accra simply states that the visa was unable to be issued, the current petition is now expired and therefore closed, and you are free to pay all fees and file again. They will not give you a reason, but like Boiler said, it sounds like you already know the reason. He means that the question was answered incorrectly about how you immigrated. You will have to marry and file CR-1, and the best way to overcome the reason for denial is to make sure he knows the answers to anything that may be asked pertaining to you. More visits and face time, and a front loaded petition with plenty of documentation, photos, and proof of bona fide marriage is the best route. Plan your wedding and start the process, currently takes about a year from acceptance of petition to interview dates.

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Filed: K-1 Visa Country: Ghana
Timeline

So Ebunulowa I see that in another post u stated that sometimes CO tell applicants their application would be returned to USCIS for review but then again they change their mind and keep the application at the embassy for review. Ok so the question again is how do you find out your apication had been retain at the embassy for internal scrutiny. I checked mine at the CEAC tracker and it says AP. What does it mean?

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