Help - 221g on B1 visit while NVC processing

[WayTing 1]

Short story, long wait.

• Married 5 years
• Started Green Card process
• Got to NVC stage, paid fees, gathered but not set AOS/IV packets
• Planned a visit, online ESTA refused [6 previous accepts]
• Applied for B1 to visit US
• Interview for B1 and get 221g'd for administrative processing [blue for what it's worth].
• Still waiting 12 months on.

Unsure if to continue Green Card process at NVC while B1 in AP.

Thoughts? Suggestions? Questions?

[gregcrs2 1,780]

So you filed for an immigrant visa which declares your intent to immigrate. Then, you later filed for a tourist visa which is to visit the US. Can you understand why you have not gotten a tourist visa? Continue with the IR-1 process.

[WayTing 1]

Sorry gregcrs2,

I should have clarified the ESTA part - visa waiver for visit visas - and once refused online, only way to visit US is by applying for B1.

221g flag on a visit visa [no explanation given, no additional information requested] is the worry.

Are we likely to get flagged at the interview and receive another 221g?

[gregcrs2 1,780]

I think you will be fine for the interview but you need to get the remainder of your documents to NVC. Just be ready to explain should the question come up.

[mallafri76 1,012]

The ESTA was not refused because you're in the visa process. Since you haven't filed the DS-260 yet, they don't even know you're in the visa process. Either you answered a question wrong on the ESTA form or they don't like your previous travel pattern.

Your likelihood of getting a visitors visa while in the immigration process is zero to none. Focus on the green card process so you can be together.

[Penguin_ie 6,000]

It is slightly odd you were refused ESTA, unless you overstayed previously or had to answer a question differently (for example, you now have a criminal conviction, or you visited Iran or some such). Did the interviewer for the B2 explain why that was refused? What sort of questions did they ask you? A tourist visa refusal usually has no impact on a spousal visa, unless there is an underlying issue, such as overstay which led to a ban or criminal conviction.

[WayTing 1]

Agreed odd that ESTA refused, as all previous visits were short [<1 month] had no issues - got married to USC wife on one of them, and no changes [no convictions, no Iran visits, etc].

No explanation on the day of reason for refusal, and only [verbal] explanation my wife received when calling embassy was that some B1's get AP'ed if questions are answered inconsistently.

Thank you all for the encouragement to continue with processing. Will update if get AP again further along the visa journey.