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beijingjim

CR-1 Bangkok Embassy 221(g)

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Okay everyone please forgive me if I am posting this in the wrong area. I was not sure if I should have posted in the "Stupid RFE" forum.

Anyways, my wife went to her interview on June 22, 2015, just 2 days ago.

We had arrived at 4 am. The interview took all of two hours, starting at 7:00 am. My wife came out with a 221(g) form requesting additional documentation and sending her passport along with it.

The woman there was not very nice, and gave her a hard time.

They are requesting:

1.) 2014 Tax Return or 1040 Form (This was already provided in the mailed in package??????)
2.) Proof of Domicile
3.) Passport of My Father (Household member citizenship)

I went ahead and gathered all of that information immediately and send it out yesterday (6-23-2015).

On the bottom of the form it states a MINIMUM wait for 10 to 15 business days.

My questions are:

1.) Is a 221(g) like this normal? Are we okay?
2.) Is this minimum wait factual? Could it be sooner? If not, I have to renew another months of rent here.

3.) Does this mean she was approved for the visa, but just needs more?

Any other info would be great. For those looking for exact details on how the interview went, look at my interview review post.

Thanks,

Jim

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*** Chiefly country-specific thread moved from CR-1 Process forum to the Thailand regional subforum. ***


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01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.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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Okay everyone please forgive me if I am posting this in the wrong area. I was not sure if I should have posted in the "Stupid RFE" forum.

Anyways, my wife went to her interview on June 22, 2015, just 2 days ago.

We had arrived at 4 am. The interview took all of two hours, starting at 7:00 am. My wife came out with a 221(g) form requesting additional documentation and sending her passport along with it.

The woman there was not very nice, and gave her a hard time.

They are requesting:

1.) 2014 Tax Return or 1040 Form (This was already provided in the mailed in package??????)

2.) Proof of Domicile

3.) Passport of My Father (Household member citizenship)

I went ahead and gathered all of that information immediately and send it out yesterday (6-23-2015).

On the bottom of the form it states a MINIMUM wait for 10 to 15 business days.

My questions are:

1.) Is a 221(g) like this normal? Are we okay?

2.) Is this minimum wait factual? Could it be sooner? If not, I have to renew another months of rent here.

3.) Does this mean she was approved for the visa, but just needs more?

Any other info would be great. For those looking for exact details on how the interview went, look at my interview review post.

Thanks,

Jim

If you sent just the 1040 form then that's the problem. Its not clear to me what you sent in total.

The other things are items you missed in the docs.

Yes its normal if there are omissions.

Wait time is probably a good guess. I have seen two weeks to 3 months but you have responded quickly so the time shouldn't be too long. They want to close the case too.

The visa is approved as long as the docs they requested are correct. Find out if they will let her pick up the visa in person which will save a lot of time.

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Ning,

You say that the 1040 form is not acceptable? I wrote them an email and asked about it. I also sent them a confirmation of this email as well. Can someone please confirm this for me?

RESPONSE:
===========================================

Instructions on I-864, affidavit of support, is available online at: http://www.uscis.gov/i-864 .

Instructions on I-864A, contract between sponsor and household member, is available online at: http://www.uscis.gov/i-864a .

The 2014 1040 form is acceptable. Please submit it first along with the rest of documents. If anything else is needed, we will definitely let you know.

ORIGINAL EMAIL
===========================================

Thank you for the response.

I have one final question regarding the I-864 that is being sent in.

> I just filed taxes on my income earned in China for 2014. I do not have any W-2s. My income has not been enough in the recent years to sponsor my wife, so my father is going to be a family member helping me meet the income level so I can sponsor my wife’s visa.

Is a 1040 from my tax professional enough to show for 2014 tax year, or does it need to be a filed and stamped 1040, or do I need to wait until the IRS generates my tax transcript online? What is acceptable in this case? Everything else is done, and ready to send in.

Thank you very much,

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Ning,

You say that the 1040 form is not acceptable? I wrote them an email and asked about it. I also sent them a confirmation of this email as well. Can someone please confirm this for me?

RESPONSE:

===========================================

Instructions on I-864, affidavit of support, is available online at: http://www.uscis.gov/i-864 .

Instructions on I-864A, contract between sponsor and household member, is available online at: http://www.uscis.gov/i-864a .

The 2014 1040 form is acceptable. Please submit it first along with the rest of documents. If anything else is needed, we will definitely let you know.

ORIGINAL EMAIL

===========================================

Thank you for the response.

I have one final question regarding the I-864 that is being sent in.

> I just filed taxes on my income earned in China for 2014. I do not have any W-2s. My income has not been enough in the recent years to sponsor my wife, so my father is going to be a family member helping me meet the income level so I can sponsor my wife’s visa.

Is a 1040 from my tax professional enough to show for 2014 tax year, or does it need to be a filed and stamped 1040, or do I need to wait until the IRS generates my tax transcript online? What is acceptable in this case? Everything else is done, and ready to send in.

Thank you very much,

I think you know that isn't what I said. If you sent JUST the 1040 it may not have been enough to verify tax status. A 1040 indicates you filled out a form not that you sent it. If 1040 forms are used then all supporting docs should have been sent with it.

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Ning,

I apologize, I am just at a total loss on how everything is done, and completely stressed out. For 1040's I don't have w-2 because I worked abroad, and the 1040 simple stated FEI (Foreign Earned Income). No receipts or anything are available to proof this other than a bank record and tax record in Chinese, which is unavailable to me, because I am not in China.

I guess my question at this point is, how essential is it to prove the w-2, 1040 and the extra documentation, when the real person, making it possible is my "Family Member" my father, where his income exceeds 100,000. Because in the current status I would never qualify. For my father all tax transcripts were sent in.

Thank you, and again I apologize for any miscommunication.

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Ning,

I apologize, I am just at a total loss on how everything is done, and completely stressed out. For 1040's I don't have w-2 because I worked abroad, and the 1040 simple stated FEI (Foreign Earned Income). No receipts or anything are available to proof this other than a bank record and tax record in Chinese, which is unavailable to me, because I am not in China.

I guess my question at this point is, how essential is it to prove the w-2, 1040 and the extra documentation, when the real person, making it possible is my "Family Member" my father, where his income exceeds 100,000. Because in the current status I would never qualify. For my father all tax transcripts were sent in.

Thank you, and again I apologize for any miscommunication.

I understand believe me. Things are going to be fine its just one more thing in a seemingly never ending series of issues that is very stressful.

I think your going to be ok with a little more info for them & a plan of action for you to accommodate them. I think a P M would be best now.

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Ning,

I apologize, I am just at a total loss on how everything is done, and completely stressed out. For 1040's I don't have w-2 because I worked abroad, and the 1040 simple stated FEI (Foreign Earned Income). No receipts or anything are available to proof this other than a bank record and tax record in Chinese, which is unavailable to me, because I am not in China.

I guess my question at this point is, how essential is it to prove the w-2, 1040 and the extra documentation, when the real person, making it possible is my "Family Member" my father, where his income exceeds 100,000. Because in the current status I would never qualify. For my father all tax transcripts were sent in.

Thank you, and again I apologize for any miscommunication.

I think what you have will do really. Its understandable when viewed in context. You have present a great joint sponsor. There are some things that may help that I sent in P M.

Karma Jim karma ! What you worked for will come together soon.

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I got the exact same 221g for the same exact reasons. I lived in Thailand for a few years with my wife (fiance at the time).

I had to show I had ties to the United States besides citizenship (my family living there and their passports). I had to show a job opportunity lined up and waiting and my tax returns along with a certificate of being single.

After I mailed the stuff back, it took us 6 weeks to get her visa.

Don't be stressed, but just give them all the proof they want and more. It'll help in the long run with adjustment of status.


I-129F Mailed: Aug 16, 2013 | Interview at Embassy Jan 24, 2014

K-1 VISA IN HAND: March 6, 2014

I-485 Mailed: June 20, 2014 | NPIW: October 15, 2014 | Welcome Letter: June 23, 2015

2 YR GREEN CARD IN HAND: June 26, 2015

I-751 Mailed: March 20, 2017 | Approval Letter: February 24, 2018

10 YR GREEN CARD IN HAND: March 23, 2018

N-400 Filed Online: March 20, 2018

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Anything yet beijingjim (or anyone else) on the timeline for clearing an IR-1 related 221g in Bangkok?

We are in the same situation with the Bangkok Embassy - a white 221g - except that

  • my spouse is Korean
  • my spouse was inside for 2 hours but the first hour and 1/2 were spent waiting for the cashier to arrive,
  • the 'interview' lasted only 15 minutes and was conducted through the glass on June 8th,
  • the only items requested were a Certificate of Good Conduct from Malaysia and my spouse's passport,
  • we sent the requested document + the passport on June 17, and
  • the items arrived and were signed for at the embassy on June 19th.

Extenuating circumstances:

  • The Malaysian website (the only method of obtaining a police check) was down for several weeks, which we documented.
  • My spouse never had a long-term social visit pass in Malaysia and instead entered on multiple short-term visa waivers, which should have negated the need for this police check - and made it impossible to obtain one - according to what was written on the Malaysian website; yet the IV unit inexplicably requested one and Malaysia inexplicably issued one anyway (now that their website is finally working).
  • My spouse's stay in Thailand will no longer be legal after July 27, less than 3 weeks from today.
  • My spouse's medical for the IR-1 will no longer be valid after August 8, 4 & 1/2 weeks from today.

In short, what the hell are we supposed to do now and how long can this possibly take? The US Embassy IV unit has got his passport (and the Malaysian police check) - the only things they asked for - but they haven't answered our email sent on June 26th. Clearly, I'm freaking out here. :cry:

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Hi there sjk1128,

I am sorry to hear that you are going through the exact same problems.

After hearing your information and case, I truly believe it is something much different than everyone else is thinking. Anyone please correct me if I am wrong. The US government systems failed resulting in a backlog of visas and cases to be processed. They could easily accept the blame, but then many people who should have received visas already would and complain about lost flights, jobs, pregnancies, etc. I believe they are throwing it back in our ball park, by saying you missed documentation. My proof on this matter is simply the fact that your spouse spent limited time in Malaysia and they are requiring a police certificate, and my wife spent over 6 months in China and they required nothing of the sort from us.

We promptly sent in the documents, and there is nothing to really criticize in our case. The financial support is there, the domicile is there, the job is there, proof of marriage is there, etc. However we are in the same boat. Waiting and waiting.

I was told by the email, and through some research when you email the Bangkok IVU, after you submitted paperwork, you need to wait 7-10 business days. This is because the mail is screened, scanned by a Thai employee into the system, passport put into the locker, and the case forwarded for review. This all takes time. During this time they WILL NOT respond. They literally delete your email. So you need to email them again like today, and ask the exact same question.

I believe that we will experience a delay of at least 2 weeks, due to the cases backlogged. But then again, the government employee that I spoke with said they don't like having cases any longer than necessary, because they pile up.

I was also told that because they requested the passport in the 221g, this is a good thing. It should be simply a waiting period for both of us. How long? Who knows?

The medical certificate is a tricky thing. I would make sure that it indeed expires that soon. Because from my understanding and research it must be valid when presented at entry to the United States. Ours was issued from Bumrungrad hospital in Bangkok and it is good for 6 months.

Let's keep in touch and see what happens in our cases.. I hope this helps you.

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Thanks, beijingjim,

We wrote to the IV Unit again today. I will certainly post here once I receive some kind of outcome or meaningful reply. I'll keep my fingers crossed for you, too.

For anyone else out there who sees this thread, it would be *very* helpful to know what kind of timeline the Bangkok office is operating on for 221(g) cases that are *very* straightforward.

In our case, we seemed to 'pass' the bona fide relationship issue, the I-864 financial requirement, the (re)establishment of domicile, the medical, and all the other documentation requirements - except that the IV interviewers asked for a Certificate of Good Conduct from Malaysia: one document (which we submitted 2 1/2 weeks ago). If that's all it is, I have trouble imagining why it would take weeks in AP (and why they would hold a non-Thai national's passport for so long). You can't do anything in Thailand without your passport, and we now have to worry about him going illegal for Thai immi while we're waiting....

All the best,

SJK

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Thanks, beijingjim,

We wrote to the IV Unit again today. I will certainly post here once I receive some kind of outcome or meaningful reply. I'll keep my fingers crossed for you, too.

For anyone else out there who sees this thread, it would be *very* helpful to know what kind of timeline the Bangkok office is operating on for 221(g) cases that are *very* straightforward.

In our case, we seemed to 'pass' the bona fide relationship issue, the I-864 financial requirement, the (re)establishment of domicile, the medical, and all the other documentation requirements - except that the IV interviewers asked for a Certificate of Good Conduct from Malaysia: one document (which we submitted 2 1/2 weeks ago). If that's all it is, I have trouble imagining why it would take weeks in AP (and why they would hold a non-Thai national's passport for so long). You can't do anything in Thailand without your passport, and we now have to worry about him going illegal for Thai immi while we're waiting....

All the best,

SJK

Since you like straightforward I will add some insight.

The embassy doesn't operate as you think they do at all. In fact you imported a problem that you didn't understand so you now had to clear it up by submitting the doc. I can understand how that could happen. The embassy couldn't have known so now needs time to review the case.

Your imagination wont fill the void of fact. The fact is that the I V unit deals with I V cases just two days per week. They deal with 700 cases per month. In your case they have to deal with it twice at least. How many others like you made these mistakes that add to the work load? Many because they don't know enough about this process & just as in your case, there are unique circumstances in those that end up in AP.

When a case is set aside it is reported to a supervisor that then tracks the case. Your doc was sent to a mail room for distribution. Its routed to the correct office & person for action. How many are in front of yours? How long will it take that staff to review those & your case? There is no known answer to what you ask.

I have seen situations like yours take two weeks to a few months. You should keep in mind they want to issue the visa because that's what they do. They wish people would present the cases perfectly but know that's not going to happen.

He could have or now can ask for his passport back. They will return it; then notify him when to return it for the issuance of the visa which usually takes at least 3 days.

I lived in Thailand for 33 years & never had a passport. He isn't in Thailand illegally so why worry about it? The cops don't just randomly stop people as you suggest.

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I got the exact same 221g for the same exact reasons. I lived in Thailand for a few years with my wife (fiance at the time).

I had to show I had ties to the United States besides citizenship (my family living there and their passports). I had to show a job opportunity lined up and waiting and my tax returns along with a certificate of being single.

After I mailed the stuff back, it took us 6 weeks to get her visa.

Don't be stressed, but just give them all the proof they want and more. It'll help in the long run with adjustment of status.

Same exact reasons?

You had to show the embassy the passports of your family living in the USA? A certificate of being single? From the USA? Where did you get that? It seems you had to prove domicile too.

Your situation is almost totally different than her case other than a 221 g which was a result of omissions in the cases. In fact she gave them all of the info you left out.

What the embassy requested has nothing to do with the AOS.

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