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lutz

221G denial re-affirmed, what to bring to second interview

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My husband's denied file was sent back to the USCIS, and was then re-affirmed by them, without need for any additional evidence such as for an NOIR.

Of course, I'm happy about this, but now I'm confused about what will happen at the second interview, once his file gets back to Ghana. Will he have to go to the second interview with even more evidence? It's not a problem, we speak everyday, though we haven't seen each other in a year, while we have been waiting for all this to clear up.

Any advice is appreciated. I know he'll probably have to get a new police certificate, and perhaps a new medical (I believe the medical is good for one year).

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I take it you will be there for the interview. That strikes me as being key.


“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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Yes, I will be there for the interview. However, the embassy in Accra does not allow the US citizen spouse to actually come into the embassy when the beneficiary is being interviewed. All my husband will be able to do is bring my passport in and tell them I am waiting outside.

Can you answer any of my question? Do you have experience on what he may need to bring to the second interview after a re-affirmation? Thank you.

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Yes, I will be there for the interview. However, the embassy in Accra does not allow the US citizen spouse to actually come into the embassy when the beneficiary is being interviewed. All my husband will be able to do is bring my passport in and tell them I am waiting outside.

Can you answer any of my question? Do you have experience on what he may need to bring to the second interview after a re-affirmation? Thank you.

if i were you, i would take any new evidence you have from since the denial till the time of interview.

If you are going to the interview, get you a small printer and print all the evidence you have. You don't want to give them another reason to say ish about your case.


(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

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Bring all evidence that you have and especially evidence that will convince them this time around of questions they had

and why they returned it. What I mean is what questions did they harp on ? What was the reason for denial ?
Bring evidence to dispute that as well as ongoing relationship evidence and communication, proving you are both still very active

in pursuing this relationship and that the long process has not caused you to have any less communication/interaction.


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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Thanks for your advice.  When my husband was denied, he was not given a reason.  He kept asking the woman, but she just shunted him out and said I would have to fight.  She didn't even write a reason on the 221g or the checklist.

Because his denial was reaffirmed without an NOIR, I don't know the reason he was denied. 

My husband said the interviewing officer was harping on his child and the relationship he had with the child's mother.  She also kept asking why I came to Ghana in the first place (I had gone to volunteer at an orphanage, that's how we met).

She was also asking him a few times about my friends in the USA.  

I am going to make a packet addressing all these issues, though I don't even know if that's the case, but I believe it is. 

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So I will assume your husband attended the 1st interview and was asked to come back with whatever evidence they requested for a 2nd interview, and after the second interview the CO issued him the 221g form saying the case will be returned USCIS . . . .

 

This is what you need to do; when he was refused the visa at the embassy the CO will give him a white form (221g AP form) which he will indicate on the form why he/she cannot issue him the visa at the time of interview. The CO will also verbally tell him this reason as well. That is the reason you need to address before the next interview. If there was no reason given call NVC and asked them the reason why your case was returned back to USCIS. They have an option on their phone line where this enquiry can be done now.

 

In most cases whatever the CO was assuming was wrong and USCIS will prove to the Embassy in a report they will send back with your file to Accra. If that is the case there will no interview, the CO who interview him initially will just interview him again by just telling him your case was reaffirmed and your visa petition has been approved.

 

Worst case scenario he will be interviewed again but should be an easy one.

 

Best way to prepare is ask your husband what the CO told him why he could not issue him the visa that day. Tell him to calm down and think really deep because this is very important, there is always at least one reason for the denial. Being refused a visa can be very stressful at the time but he needs to try and remember the last few words of the CO.

 

Do not forget they will not accept any new evidence since his last interview. All evidence must be dated prior to the interview.

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Thank you, but I know all this already.  He only had one interview, was denied, the case went back to USCIS (no reason for denial on the 221g or checklist).  USCIS reaffirmed his case and now it's on its way back to Accra.

 

The only thing you wrote that I am not sure what you mean is:  

Do not forget they will not accept any new evidence since his last interview. All evidence must be dated prior to the interview.

 

I plan on flying there for the second interview.  I will have all our daily Whatsapp calls since his denial, along with proof of our trip to meet in a third country after the denial.  That is why I don't understand your statement about evidence after his last interview (he has only had one interview) not being accepted.   

Can you explain what you mean?  Others have posted that it would be a good idea to bring evidence since his denial.

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1 minute ago, lutz said:

Thank you, but I know all this already.  He only had one interview, was denied, the case went back to USCIS (no reason for denial on the 221g or checklist).  USCIS reaffirmed his case and now it's on its way back to Accra.

 

The only thing you wrote that I am not sure what you mean is:  

Do not forget they will not accept any new evidence since his last interview. All evidence must be dated prior to the interview.

 

I plan on flying there for the second interview.  I will have all our daily Whatsapp calls since his denial, along with proof of our trip to meet in a third country after the denial.  That is why I don't understand your statement about evidence after his last interview (he has only had one interview) not being accepted.   

Can you explain what you mean?  Others have posted that it would be a good idea to bring evidence since his denial.

Bring all ongoing evidence, if they don't want to see it then fine but what if they ask for it ?! It is silly not to bring it.
Just because a certain CO decided he did not want to see any evidence after a certain date does not mean this applies to everyone.


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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Do not forget they will not accept any new evidence since his last interview. All evidence must be dated prior to the interview.

What it means is, after the interview any documents you submit as evidence should be events that took place before the interview. This is even stated on the request for evidence form they give you at Accra embassy. The CO’s in Accra are very notorious for 221g AP; they have less time to review all the submitted evidence and usually make decisions without the facts.

 

In your case I don’t think you need to worry about new evidence, usually if the problem is establishing bona fide, they will give him a 2nd interview to present more evidence to establish the relationship.

 

You should absolutely bring new evidence to establish your case if you have them. But I will focus more on the interview questions your husband was asked at the 1st interview in Accra, which will be very crucial to figuring out what the initial denial was about. Because 221g after 1st interview is probably not from insufficient evidence, but who knows

 

Have either of you been married before?

Has he applied for a US visa before?

Has he changed his name recently?

And also he needs to be more detailed in his answers at the embassy, Ghanaian's tend to be very very vague and short in their response leaving out essential details the CO's are looking for. I am a Ghanaian so I know that first hand.

Example: What does your wife do for a living?

Answer 1: She is a Systems engineer at united technologies.

Answer 2: She works as a systems engineer at united technologies at the Florida facility. I think she actually got that job offer just before she graduated from Michigan State with her computer systems degree.

Answer 1 is good but answer 2 is much better. Elaborating more on a few questions helps avoid further questions and also makes it look like you know more personal things about your petitioner.

 

In the end he needs to be very confident and honest in all his response at the embassy. You can bring all the evidence/documents in the world but if the CO smells fear and dishonesty you are done.

 

Don't stress too much on this interview the Lord will do it for you. Have faith in the Lord

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Hello, 

Can you tell me if your husband has received a new interview date or any correspondence from the embassy?  My case was reaffirmed on October 28, and was sent to the embassy on November 25th, but I haven't heard anything from them.

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Hello,

No we haven't hear anything yet from the Ghanaian embassy about a second interview.  My husband's reaffirmation was after yours though.  It was on December 7th, 2016.

May I ask, was it the NVC who told you your case has been sent on to the embassy?

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21 hours ago, Kofi_Adjoa said:

So I will assume your husband attended the 1st interview and was asked to come back with whatever evidence they requested for a 2nd interview, and after the second interview the CO issued him the 221g form saying the case will be returned USCIS . . . .

 

This is what you need to do; when he was refused the visa at the embassy the CO will give him a white form (221g AP form) which he will indicate on the form why he/she cannot issue him the visa at the time of interview. The CO will also verbally tell him this reason as well. That is the reason you need to address before the next interview. If there was no reason given call NVC and asked them the reason why your case was returned back to USCIS. They have an option on their phone line where this enquiry can be done now.

 

In most cases whatever the CO was assuming was wrong and USCIS will prove to the Embassy in a report they will send back with your file to Accra. If that is the case there will no interview, the CO who interview him initially will just interview him again by just telling him your case was reaffirmed and your visa petition has been approved.

 

Worst case scenario he will be interviewed again but should be an easy one.

 

Best way to prepare is ask your husband what the CO told him why he could not issue him the visa that day. Tell him to calm down and think really deep because this is very important, there is always at least one reason for the denial. Being refused a visa can be very stressful at the time but he needs to try and remember the last few words of the CO.

 

Do not forget they will not accept any new evidence since his last interview. All evidence must be dated prior to the interview.

The information you have said is very interesting have you had experience in this situation before or know someone I'm asking because I'm trying to figure out how can you tell if he will have the same person interview him and how the procedure goes I have been looking online to see anyone that has been reaffirmed and what took place during the second interview my husband was also denied October 20th we are waiting for the case to be returned back to USCIS

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