Help! Ineligible under section 221 (g)

[KierenHby 897]

3 minutes ago, jakelake said:

Stop believing the hype!

 

Ok  

[O&GForever 387]

6 hours ago, Boohene102314 said:

We were married October 23, 2014; his first interview was November 23, 2015.  The second interview on December 29th, 2015 resulted in being put on Administrative Review.  The Embassy asked for further information pertaining to our relationship, we did, but to no avail.

Our case was updated on April, 13th, 2016 by the State Dept. (ceac.state.gov) to Administrative Processing.  The petition was received by USCIS on June 8th, 2016.  The USCIS issued the  NOIR on November 16th, 2016.  The Embassy lied about our relationship; he totally made up a story.  But, I had plenty of information to rebut the comments in response to the USCIS' Requst For Evidence.  It is all about the legal ties that can be demonstrated through paperwork (joint bank accounts, joint property/land ownership, beneficiary information, etc.)  

On March 27th, 2017, OUR CASE WAS REAFFIRMED!!!!!!!!  We received the notice by mail from USCIS/Vermont Service Center. There is no need for lawyers, they really can do no more than you can, especially for a marriage visa.  I responded by telling them our story and gave copies of beneficary information, land paperwork, more affidavits from family & friends, copies of my passport stamps from visits, insurance claim information regardiing a personal issue and social media timelines that totally blew the Embassy Consular Officer's remarks out of the universe!!!!  My rebuttal was 6 pages long; it could have been longer, but I didn't want to start ranting.  

We are now waiting to hear from the Embassy about my husband's next interview in which they have no other choice, but to release his visa in which they have been holding hostage, for no good or compelling reason.  I will make sure he has copies of all of the information we submitted to the USCIS just in case the Embassy gets stupid.

It is a shame people have to go throught these problems, but such is life, especially living in a world with so much prejudice!!

Stay encouraged!!  We are not alone in this journey>>>>>>>>><<<<<<<<

Will update ASAP.....

Just a word of caution...a reaffirmed case doesn't guarantee an approval at the second interview. I know a couple of women who's husband were denied again at the second interview. Make sure your husband is well prepared for the interview. He needs to know how to answer questions to the satisfaction of the CO and be prepared to address any concerns they had and may come up with at the next interview. I hope you've been going over questions with him so he's ready. I've said it many times, you can submit flawless evidence, but if the beneficiary can't do well at the interview it doesn't matter. 

[jakelake 222]

Just now, Transborderwife said:

Facts...not hype.  Just take a look at the majority of cases on here that receive the same scrutiny 

Anybody can make something to be a fact if you twist it and focus on a certain group of countries and turn your head for other countries. That is another discussion and not relevant to this forum.

 

 

[geowrian 22,336]

16 minutes ago, jakelake said:

There is fraud everywhere. However, the media want people to think that only certain countries commit fraud.

Stop believing the hype!

 

7 minutes ago, jakelake said:

Anybody can make something to be a fact if you twist it and focus on a certain group of countries and turn your head for other countries. That is another discussion and not relevant to this forum.

This has nothing to do with the media. It's based on factual data and what we have seen here numerous times. Nobody said only those countries commit fraud, just that there's increased scrutiny in countries where it is common.

 

Agreed - that's not relevant in this thread.

[whyisthissohard 0]

11 minutes ago, geowrian said:

 

This has nothing to do with the media. It's based on factual data and what we have seen here numerous times. Nobody said only those countries commit fraud, just that there's increased scrutiny in countries where it is common.

 

Agreed - that's not relevant in this thread.

Off topic, I apologize, but I'm wondering how this could concern my situation (Trying to get a Filipina here). I understand Ghana is high risk I'm wondering if Manila would generally be considered at the same level of high risk as Ghana. I realize it's nowhere near the low risk of say London or Paris for example, but how does it compare to Ghana and similar nation's.

[geowrian 22,336]

2 minutes ago, Cott789 said:

Off topic, I apologize, but I'm wondering how this could concern my situation (Trying to get a Filipina here). I understand Ghana is high risk I'm wondering if Manila would generally be considered at the same level of high risk as Ghana. I realize it's nowhere near the low risk of say London or Paris for example, but how does it compare to Ghana and similar nation's.

I suggest making a separate thread if you want further clarification, but an overly simplified response is Manila is actually a fairly simple embassy for fiance and spousal visas. For tourist visas and such, it's fairly tough (but not as bad as like Ghana and such). A strong case can usually get through fine IMHO.

[Boiler 43,561]

Cwerainly a lot of Fraud in PI, but then an awful lost of petitions.

[lutz 41]

On 3/30/2017 at 3:25 PM, Ebunoluwa said:

Spousal visas do not expire. So for the I-130 you are fine, it will not expire but a I-129 fiance petition will be allowed to purposely

expire without review. In some cases USCIS will not send a NOID/NOIR letter for rebuttal to the petitioner and that step is skipped,
they will forward it back to the embassy where they will determine to either hold a second interview or return the petition a

second time. The process is long yes, 18 -24 months.
The best thing is to accept what you can not change, live your lives and visit often. The hard part is not knowing where exactly

exactly your petition is when waiting in queue for the next step and you can contact your senator 3-6 month from now to inquire
if Ghana has returned the case or is still sitting on it and if they have not returned it request that they do return it through the senator's aid.

Every 3 months or so during the entire process the senator can check on your case status. They can't over rule it, may in some cases

cause it to be worked on a bit faster but mostly it has no influence except you know where your case is. (Embassy, NVC,USCIS

and back again). The worst you can do is obsess about the time table and get yourself all depressed.
Research and understand the process yourself so you won't be swayed by so and so that this and that....well research it for yourself,
there are many return/reaffirmation threads for reading available. If you know and understand the process it takes away

anxiety of the unknown. Educate and lead others with facts through the process and don't follow any given advice blindly.
Know the facts.
It took us 5 years, about 16 months in AP and a returned K1 to finally be together so I get it how hard it is.
You will survive and hopefully in 1 1/2 year you will be together. Collect every shred of relationship evidence, espsecially

from visits and communication for ongoing bona fide proof. Have daily skype cam chats. Stay connected.
 

 

Hello, you have written that the USCIS can skip the NOIR, then the embassy has the choice to either schedule a second interview or return the petition a second time.

I am confused about this.  I believe the embassy cannot send the petition back again without giving the second interview.  They cannot send it back for the same reason.

May I ask where you got the information that they can either schedule a second interview or just send it back.  I am concerned because when my senator inquired about our case, the embassy said it was sent back again after being reaffirmed, but then someone pointed out this cannot be.  I believe the embassy made a mistake and told the senator about the FIRST time it had been sent back to the USCIS, right after the initial denial, because they were the same months, just different years.

[Boohene102314 18]

On 3/29/2017 at 9:48 AM, Ahmed Suleiman said:

I was denied  CR1 visa on 27 of march 2017 in Ghana. They gave me a letter stating " The applicant has been found ineligible under section 221(g) of the Immigration and Nationality Act  (INA). We will return the above case file(s) to (NVC), which will then transfer the case to (USCIS) office.  The USCIS office will contact you as soon as they receive your petition(s). Please do not contact this Embassy regarding this case. As it may take up to six months for the case to be forwarded, please do not contact the USCIS service centre until you've received notification from them." I don't know what to do. Please i need your advice ???

We were married October 23, 2014.  We started filing the petition in January 2015.  My husband had two interviews, November 2015 & December 2015 for our I-130 petition.  The embassy wanted him to provide more information in December 2015, and I guess it wasn't good enough for them, for whatever insane reason.  The petition was put on AP as of April 2016 and was sent back to NVC-USCIS, etc. as of June 2016,  We received the NOIR from USCIS in November 2016, sent the response in December 2016.  They REAFFIRMED our petition on March 27, 2017.  I received the letter in the mail from USCIS on April 1, 2017.  We are waiting to hear from the Embassy for his next interview.  I pray this explanation helps.  Please read carefully.......

[Boohene102314 18]

The only thing you can do is wait, unfortunately.  What type of paperwork do you and your spouse have to show legal ties.  Are you a beneficiary on any life insurance, pension, etc.  Do you own anything together?  Join bank accounts.  You have to be prepared to rebut the comments from the Embassy based on the time it was put on administrative hold.  Please know, the USCIS APPROVED your petition.  The embassy has a lot of issues and prejudices, unfortunately.  You will receive your visa!!!  It is a lengthy process, but you may want to start writing your rebuttal letter now; discuss the interview and if anything was offensive, etc.  Discuss your relationship honestly, even if you have to make them blush....Be prepared to send more affidavits from friends, family, co-workers, etc.

 

You may have a chance if you start complaining now to the embassy, especially since it is still there and won't be sent back for a few months, at the minimum.  You and your spouse should send emails and pressure them for another interview or to at least let you know why you were put on Administrative Hold, specifically.  Ask to be speak to or email a supervisor, if you can.  This is something I did not do, but you definitely should try it.  

 

Stay encouraged!

[Shawntina Sekyi A 5]

2 hours ago, Boohene102314 said:

The only thing you can do is wait, unfortunately.  What type of paperwork do you and your spouse have to show legal ties.  Are you a beneficiary on any life insurance, pension, etc.  Do you own anything together?  Join bank accounts.  You have to be prepared to rebut the comments from the Embassy based on the time it was put on administrative hold.  Please know, the USCIS APPROVED your petition.  The embassy has a lot of issues and prejudices, unfortunately.  You will receive your visa!!!  It is a lengthy process, but you may want to start writing your rebuttal letter now; discuss the interview and if anything was offensive, etc.  Discuss your relationship honestly, even if you have to make them blush....Be prepared to send more affidavits from friends, family, co-workers, etc.

 

You may have a chance if you start complaining now to the embassy, especially since it is still there and won't be sent back for a few months, at the minimum.  You and your spouse should send emails and pressure them for another interview or to at least let you know why you were put on Administrative Hold, specifically.  Ask to be speak to or email a supervisor, if you can.  This is something I did not do, but you definitely should try it.  

 

Stay encouraged!

I promise I did everything but contact the senator's office back in December 2016, when my husband was refused his visa.. At the time I had death on both sides of my family. .all in the same week.. I sent so many emails begging this embassy to reason with our case and review it before sending it back .. Clearly the officer felt away in the first interview that Nov but still told him to come back with what the embassy requested and he did. My things is this, if you had doubt or whatever why you just didn't issue it the first time ... My husband told me before he interviewed him the first time the officer had snatched a paper from him that he received from the previous officer in the process that day,  told him you know the rules  ..fast forward to the interview 1 my husband said he kept looking at my picture, saying to him so this lady here Shawntina married you? He said yes she is my wife ..he said he answered all the questions and the officer said he did good but didn't see our chat history  I sent it to the usisc and the NVC,  then my husband brought them it at both interviews but he claimed it wasn't there, to come back in December with it and more proof ..he did but still was not issued a visa or wasn't given the reason for sending it back.. Something is seriously going on with this embassy,  Ppl need to voice this to someone because it's just isn't fair how they treat Ppl there.  For the most part Ghana has some beautiful loving Ppl but you also have some very rude,  down right mean Ppl in Ghana especially at the embassy... 

[Ebunoluwa 6,136]

4 hours ago, lutz said:

Hello, you have written that the USCIS can skip the NOIR, then the embassy has the choice to either schedule a second interview or return the petition a second time.

I am confused about this.  I believe the embassy cannot send the petition back again without giving the second interview.  They cannot send it back for the same reason.

May I ask where you got the information that they can either schedule a second interview or just send it back.  I am concerned because when my senator inquired about our case, the embassy said it was sent back again after being reaffirmed, but then someone pointed out this cannot be.  I believe the embassy made a mistake and told the senator about the FIRST time it had been sent back to the USCIS, right after the initial denial, because they were the same months, just different years.

 

 

 

Yes, the embassy can and has returned cases a second time without an interview. You know that they do what they want to do

and don't abide by the regulations of their department. They are also to give an applicant a valid reason on a 221g, do they ? No.
People have to guess the reasons and wait to find out in the NOID.
It is true, they are not supposed to return a petition with the same reason twice unless they decide on

another reason not previously in the consular notes on the first return.

You know they make up things or reserve another  valid reason for a second return

so you can't rely on what they are "supposed" to do and set your expectations by that.

Why not have your senator inquire again about the exact date and diplomatic pouch number of the last return and current location of

your physical file ? Surely your senators aid is capable of explaining the situation of the mix up with dates if there was a mix up.

[Jenilyn and Awal 22]

She needs to move to him wait it out it will take about two years , first year wait for it to come back to USA the second year for it to go back to Ghana and wait for interview. We are waiting for our second year now and as soon as I can I'm going there

[Ahmed Suleiman 0]

Thank you all so much for your contributions. It means so much to me and all your comments makes sense a lot. Please is it possible to file for visitors visa just to visit my wife whilst we wait for USCIS to email us?

[Kosi Wahala 153]

1 minute ago, Ahmed Suleiman said:

Thank you all so much for your contributions. It means so much to me and all your comments makes sense a lot. Please is it possible to file for visitors visa just to visit my wife whilst we wait for USCIS to email us?

Unfortunately, it is extremely doubtful that you would be issued a tourist visa. Issuance of a tourist visa would be dependent upon you convincing the consulate officer that you have strong ties to Ghana, which would ensure that you return after your visit, and do not have the intent to immigrate to the United States. Having already applied for an immigrant visa, you have already shown them that you intend to immigrate. 

It is difficult enough for someone from West Africa to be issued a tourist visa, but given your circumstances you could highly anticipate denial.

I'm sorry...I can understand that this is a very difficult situation for you to be in.