K-1 Refused due to prior F1 denial

[LoveWarrior 7]

Hi, I have applied 129-F for my fiancee and today was her interview. She got denied in Georgia, Tbilisi basis on previous F1 visa denial. They gave her 221(g) for and checked Administrative processing. The main thing they talked to her about was her F1 Denial prior to 129-F petition. She got denied because they told her she knew she was engaged and applied to F1. Therefore you applied F1 visa in order to get marry with your fiancee. Could you help me what could be the next step?

[LoveWarrior 7]

They also mentioned if they issue visa something might happen to her??? #######?

[vanity08 66]

if she was giving a 221g, what was mention on the 221g that she got

[LoveWarrior 7]

She got this, Your visa application is refused because you have been found ineligible to receive a visa under section 221(g) of INA. Section 221(g) of the INA prohibits consular officer from issuing a visa to an aline if the consular officer has a reason to believe that the alien is not qualified for the visa class indicated.

-Administrative processing is checkde. Further Administrative processing of your application is required before a decision can be made regarding your case. You will be contacted directly after the administrative processing is complete.

Please be advised that for U.S. visa purposes, including ESTA(see http://esta.cbp.dhs.gov/esta),this decision constitutes a denial of a visa.

[Mike-eeh and Odie 192]

Hi, I have applied 129-F for my fiancee and today was her interview. She got denied in Georgia, Tbilisi basis on previous F1 visa denial. They gave her 221(g) for and checked Administrative processing. The main thing they talked to her about was her F1 Denial prior to 129-F petition. She got denied because they told her she knew she was engaged and applied to F1. Therefore you applied F1 visa in order to get marry with your fiancee. Could you help me what could be the next step?

I do not see anything wrong with wanting to study in the USA and be closer to one's fiance. That said, the CO most likely believes that your fiance was most likely using the F1 to circumvent the K-1 process, which is considered misrepresentation. Or, the CO could be believing that your fiance is just marrying you with only the intention to immigrate, and not to live in a bonafide marriage with you.

A 221g decision is considered a denial on record, but on the bright side, many of them can be overcome with evidence. You probably should seek legal advice before you marry her and begin a spousal visa, if you decide to go that route.

[Ebunoluwa 6,136]

She got this, Your visa application is refused because you have been found ineligible to receive a visa under section 221(g) of INA. Section 221(g) of the INA prohibits consular officer from issuing a visa to an aline if the consular officer has a reason to believe that the alien is not qualified for the visa class indicated.

-Administrative processing is checkde. Further Administrative processing of your application is required before a decision can be made regarding your case. You will be contacted directly after the administrative processing is complete.

Please be advised that for U.S. visa purposes, including ESTA(see http://esta.cbp.dhs.gov/esta),this decision constitutes a denial of a visa.

She was not denied. She is in AP and they are checking and waiting to make a decision.

What you,the petitioner, should do now :

Email the consulate immediately and convince them with evidence that she did not try to circumvent the K1 and that you both had no

intention to marry until after the K1 visa is issued. Prove it, how ? The burden is on you both. Contact your senator immediately to request

a second interview and a chance to submit evidence to disprove the 'assumption' of the CO. If your petition gets returned to USCIS, it will without doubt

expire and you have to start over and bump into the same hurdle. You could also marry and file a CR1.

Fly over and try to speak directly with them if possible. If she has a second interview.....be there !

[LoveWarrior 7]

I will try to request for second chance. What I would like to ask, @ebunoluwa you are mentioning "You could also marry and file a CR1." Having saying that our purpose was to get married. We just wanted to get married on End of September or the beginning of October in US. Unfortunately that will not happen in US if it stays denied. We will get married either way in her home country possibly and file CR1.. It just sucks to be denied for K-1 for uknown CO reason..

[luviscoming1 14]

a 221g is not a denial. Its a temporary denial. So they are doing further investigation which in other words is called Administrative processing. Check you status update daily on www.ceac.state.gov. There you will find her status. GIve it some time. And in the meantime, try to contact your local congressman to help you get answers from the consulate directly and request for an extension so that while its processing under further investigation it wont be expired. It can be extended for an additional 4 months.

[luviscoming1 14]

What does a 221g refusal mean?

We initially refuse most immigrant visa applicants under section 221g of the immigration and nationality act. There is usually no need to worry. It is almost always a temporary refusal.

What is Section 221g?

Section 221g simply says that we cannot issue your visa until we are sure you are qualified for the visa in everyway. With immigrant visas, we almost never know on the day of the interview whether you are truly qualified. So, we will need some time to verify this. Sometimes, we need you to give us additional documents or information. We will let you know in writing what we need.

What is Administrative Processing?

Many cases require administrative processing. Each case is handled individually, so we cannot predict exactly how long it will take. However, we will try to give you an estimated time at the interview. We ask that you not contact us to check your case status until the estimated time has passed.

Will you still issue my visa?

We end up issuing almost all cases that we refuse under section 221g. As soon as we determine that you are qualified, we will overcome the refusal under Section 221g and issue the visa.

If you will issue anyway, why do you refuse in the first place?

The law requires us to adjudicate (issue or refuse) every case on the day of the application. Since we usually are not yet prepared to issue, we must first refuse. We will not overcome every single persons 221g refusal. For example, if we ask you to provide a birth certificate or additional proof of your relationship and you do not give it to us within one year your case will remain in refused status. Finally, if we discover that you are not eligible for the visa for some other reason we will also refuse you under the new appropriate section of the law.

[Hypnos 6,576]

Sounds like they may suspect misrepresentation on the previous F-1 application.

[LoveWarrior 7]

Sounds like they may suspect misrepresentation on the previous F-1 application.

What do you mean by misrepresentation?

Thanks,

[Hypnos 6,576]

That you were intending to use a nonimmigrant visa for immigrant purposes.

[LoveWarrior 7]

Circumventing K1 with F1, if that is the misrepresentation she did not intend to do that. She only used her resources to study and be with me for the end of the year.

[Amhara 460]

We got the same 'refusal'. It just means you aren't getting the visa yet, but it's not a denial, like luviscoming said.

In our case, my fiance and I wanted to meet in US before we began the K-1 process. He has a full scholarship, and if he could have been approved for a visitor visa, we may have waited longer on the marriage for him to finish his bachelors. (Well, we thought that way until we met face-to-face... ) In the petition, I addressed this so they didn't think he applied for visitor visa to come here, get married and stay here. They didn't give us any problem about the previous visa. However, that was a visitor visa and not a student visa, so I'm sure the requirements are more stringent.

Think about anything she may have said or documentation that she provided that could have concealed details of your relationship. They could have a serious problem if she was supposed to disclose and did not disclose. When you contact the embassy, you might want to explain any possible discrepancies. Was she not required to explain your relationship during F-1 process? If you have any explanation that her main reason was to attend school - rather than marry you, provide it. For example, was she planning on staying in a dorm or in student housing when she applied and not with you?

[lala64 93]

I will try to request for second chance. What I would like to ask, @ebunoluwa you are mentioning "You could also marry and file a CR1." Having saying that our purpose was to get married. We just wanted to get married on End of September or the beginning of October in US. Unfortunately that will not happen in US if it stays denied. We will get married either way in her home country possibly and file CR1.. It just sucks to be denied for K-1 for uknown CO reason..

Trust me I feel your pain. Please take action now and convince the CO to give you a second interview. This is the stage I am at when I also thought it hopeless there is still a chance. The 221g you received is Vague so tells me one thing. It is not in AP for a legitimate reason he/she can put on paper but for a gut feeling which hopefully you can over come. Good Luck. Email the embassy immediately ask what proof you would need to support the petition. AP is a denial of sorts but if they did not specifically ask for more info on the form which I don't see where they did. They intend to send it back for expiration of petition.