Received 221(g) refusal after interview – what should we do next?

[Cait&Ismet 0]

Me and my fiancé (he is from Kosovo) have a strong case we knew each other for 5 years, we provided 2 years worth of call logs, 5 years worth or travel documents, 30 photos (including pictures with his family). We were so excited to finally start our life together.

He had his interview at Skopje Embassy in Macedonia on Tuesday (8/9) it lasted maybe 5 minutes. They didn’t look at any of our paperwork and said to my fiancée “I’m not convinced this is a real relationship.” They gave him a 221(g) refusal. They did not request for any more evidence to show our relationship is bona fide.

My immigration attorney who has been supporting us throughout this process contacted the Consulate less than 24 hours after the interview requesting to reconsider the case and stated that we can provide more evidence. They politely brushed him off and said they are sending it back to the USCIS. Did not even acknowledge the additional evidence to support our bona fide relationship. The lawyer was shocked.

We really have a strong case and true loving relationship. Me, my fiancé, and my lawyer do not understand this denial.

I contacted my US Senator explaining the situation and requested support to review the case further (still waiting for a response). My lawyer and I are also planning on submitting a Freedom of Information Act Request.

My questions are:

1.Has anyone encountered this before? It does not make any sense.

2. Are there other ways to figure out why we were denied the visa?

3.What should I do next?

Any help or guidance is appreciated. This process has been beyond heartbreaking for us.

[teeak 224]

The senator's office will be able to get a clearer response as to why it was denied. Unfortunately, since K1 petitions have an expiration, your file will be sent to USCIS to expire. You will probably need to file a new I-129F or marry your fiancee and then file a I-130 for the CR1 visa.

Did you front load your petition? As in, send all the evidence in your initial I-129F filing?

[Ontarkie 14,614]

Get your fiance to send you a copy of the 221G Something just doesn't sound right.

[Penguin_ie 5,997]

Cases can be denied for obscure reasons, or reasons that you as the USC may not know.

Are there any red flags in your case, such as you being relatives, different religion, recent divorce or previous immigration attempts?

[LionessDeon 2,060]

Is there something in your fiance's background he's forgotten about, previous petition, etc? What were the IO's questions and/or statements to your fiance during interview? Go over the entire interview with your fiance in full detail.

Yes, I have heard other stories like this. Usually it is found out that there is something the USC didn't know or the consulate believes the relationship is for immigration purposely only. Do your families know each other? How did you meet? Was it through family?

[Cait&Ismet 0]

The senator's office will be able to get a clearer response as to why it was denied. Unfortunately, since K1 petitions have an expiration, your file will be sent to USCIS to expire. You will probably need to file a new I-129F or marry your fiancee and then file a I-130 for the CR1 visa.

Did you front load your petition? As in, send all the evidence in your initial I-129F filing?

We did front load our petition. We learning towards the CR1 visa, but first I really want to better understand why they denied us the visa.

[Cait&Ismet 0]

Get your fiance to send you a copy of the 221G Something just doesn't sound right.

He emailed a copy of the 221G to me and our lawyer hours after the interview. All it said was "return to USCIS via NVC for review"

It doesn't make sense

[Cait&Ismet 0]

Cases can be denied for obscure reasons, or reasons that you as the USC may not know.

Are there any red flags in your case, such as you being relatives, different religion, recent divorce or previous immigration attempts?

We are not relatives. We were not married before. He has not previously tried to immigrate to the US. We are not very religious people, but I am catholic and he is muslim.

[farzram 11]

I'm sorry this happened to you and is sooo unfortunate I can see why you are frustrated you didn't even get a bit of an explanation as to WHY.

Unfortunately I've seen so many cases with the petitioner being of different religion then the Muslim beneficiary and has gotten denied. NOT ALL of course I've seen so many approved. That's the only thing I can think of why they denied you...... Which is stupid I know, but it just makes no sense you guys had all the proof of having a real long relationship. I'm sorry.

[Cait&Ismet 0]

Is there something in your fiance's background he's forgotten about, previous petition, etc? What were the IO's questions and/or statements to your fiance during interview? Go over the entire interview with your fiance in full detail.

Yes, I have heard other stories like this. Usually it is found out that there is something the USC didn't know or the consulate believes the relationship is for immigration purposely only. Do your families know each other? How did you meet? Was it through family?

Here is the summary of his interview:

He entered the room and he raised his right hand and said stated the "I promise to the truth" line.

1. Where did you both meet? Florence, Italy

2. What did you do in Florence? Lived in Florence and did construction work when I met Caitlin

3. How long were you in Florence? 12 years

4. What did she study? Economics ( I studied Business Administration and Finance, but I think it is close enough)

5. Where did she live in Florence? Can you tell me exactly where she lived? I don’t know the street she lived near Santa Croce.

6. Where did you live in Florence? Via Scipione

7. How did you travel in Florence? We lived so close. It was a 5 minute to walk from our apartments. She had an apartment but she lived with me most of the time.

8. What is the name of her school? Elizabethtown

9. What did she study in Florence? The same as what she studied in US.

10. How many times did she visit you? 3 times (Twice in Florence and once in Kosovo)

11. When was the last time you both saw each other? October

12. Where you ever in the US? No

13. Where do you live now? Kosovo

14. Where does she live? Wayne, PA

15. Where does she work? Vanguard

16. What does she do? She helps with people with their finances and retirement. Now she is an Administrator and works on a different projects.

17. How do you both communicate? Viber and Skype

After the questions were answered, the officer said “I’m not convinced that this relationship is true.” Ismet asked why and he responded that “I have nothing else to say. I will send the documents back to USCIS.” Then he left the room.

They took all of his supporting documents that he brought to the consulate. They took Ismet’s phone number. The translator told him “We will send the documents to USCIS and this office will make the decision if you get the visa.”

It just does not make sense to me!

I'm sorry this happened to you and is sooo unfortunate I can see why you are frustrated you didn't even get a bit of an explanation as to WHY.

Unfortunately I've seen so many cases with the petitioner being of different religion then the Muslim beneficiary and has gotten denied. NOT ALL of course I've seen so many approved. That's the only thing I can think of why they denied you...... Which is stupid I know, but it just makes no sense you guys had all the proof of having a real long relationship. I'm sorry.

It just is so unfair. How can you stop 2 people from being in love and starting a life because they are from a different religion. Its awful!

[Cait&Ismet 0]

Does anyone have suggestions for next steps?

We were planning on getting married in September. Since the K-1 visa doesn't look like its going to work out I was planning on flying to Kosovo to see him and get married in the next couple weeks.

I have sent a letter to the Senator. Do I need to wait to hear from them before we get married overseas?

Also, I'm afraid that the same thing will happen when we apply for a marriage visa.

[mallafri76 1,012]

Your different religions could have played a role due to the Kosovo war in 1998-1999.

Did you send proof of your time together in Italy? You're sure those were all the questions asked? What about your fiancé's background, any arrests/convictions, previous attempts to immigrate to the US etc that he might have forgotten about or not disclosed?

[Cait&Ismet 0]

Your different religions could have played a role due to the Kosovo war in 1998-1999.

Did you send proof of your time together in Italy? You're sure those were all the questions asked? What about your fiancé's background, any arrests/convictions, previous attempts to immigrate to the US etc that he might have forgotten about or not disclosed?

We did show proof of our time in Italy - photos and travel documents. My fiance did not attempt to immigrate to the US in the past. He has clean record from Kosovo and Italy. He got police certificates from both countries stating that he has a clean record with no arrests/convictions.

We really don't get it.

[Harpa Timsah 13,258]

Age difference? How did you meet? He says you lived together in Florence. That seems odd if you just met there. He also says you visited him in Florence. Was that after you left or something? He doesn't seem to know your degree. He got it wrong then they asked again and he gave a non-answer (he said "same thing she studied in the US" instead of naming the thing).

Or, something could have been in your chats, like they seem one-sided.

[mallafri76 1,012]

Often, the CO has already made up their mind from reviewing your case. Did you keep a copy of everything you sent in? If so, go through it and see if you can find anything that might have seen odd or suspicious to a CO.