Refused???

[John & Rose 7,241]

Just now, missileman said:

You don't process it "from that point". You refile a brand new petition......CR-1

I missed that part!  Nice catch.

 

@MandW, you would need to start the CR-1 process from scratch.  They really are quite different.  You would fill out the I-130 and I-130a after you get married.  That starts the 12 to 14 month clock.

[Hank_ 9,174]

17 minutes ago, John & Rose said:

That is actually right next door!  I will make sure you are invited if you are in town or country!

Our place is over by the ARCA South project southwest from you.

 

Currently we are in Tennessee, plan to stay put for a few years.   Spent most of last year in the Phils, along with a big chunk of 2016 and 2015.     Neighbor mowed the grass here more than I did the past few years.    

 

Do appreciate.   Would be there for sure if we were in the Phils.

[MandW 310]

it doesn't say what the 221g was issued for, congressman officer replied with response from the consulate and said "A review of our records shows that the K1 nonimmigrant visa application of Ms. xxxxxxxx was refused at the American Institute in Taiwan (AIT) under Section 221(g) of the INA for requiring further administrative processing in order to verify her qualifications for this visa.  Administrative processing often lasts about 90 days, but in some instances it can take significantly longer.

 

But I don't understand what this means, they asked her 3 stupid times at the second interview window "have you been to USA before" and all of course she hasn't and of course she said no.

[Crazy Cat 44,546]

4 minutes ago, MandW said:

it doesn't say what the 221g was issued for, congressman officer replied with response from the consulate and said "A review of our records shows that the K1 nonimmigrant visa application of Ms. xxxxxxxx was refused at the American Institute in Taiwan (AIT) under Section 221(g) of the INA for requiring further administrative processing in order to verify her qualifications for this visa.  Administrative processing often lasts about 90 days, but in some instances it can take significantly longer.

 

But I don't understand what this means, they asked her 3 stupid times at the second interview window "have you been to USA before" and all of course she hasn't and of course she said no.

Getting married won't solve this.....whatever it is.  You need to wait for further clarification before doing anything, imo.

Edited May 1, 2018 by missileman

[John & Rose 7,241]

7 minutes ago, MandW said:

it doesn't say what the 221g was issued for, congressman officer replied with response from the consulate and said "A review of our records shows that the K1 nonimmigrant visa application of Ms. xxxxxxxx was refused at the American Institute in Taiwan (AIT) under Section 221(g) of the INA for requiring further administrative processing in order to verify her qualifications for this visa.  Administrative processing often lasts about 90 days, but in some instances it can take significantly longer.

 

But I don't understand what this means, they asked her 3 stupid times at the second interview window "have you been to USA before" and all of course she hasn't and of course she said no.

It may be a common name issue.  It sounds like someone with her name may have been in the states or has applied for a visa before.  Was she an OFW in Taiwan?  Was she legally there?  There are issues with expired visas with OFWs.  I know Korea has a once a year "clemency" period where illegals can leave without question.

 

You will need to get to the bottom of that one.  It looks like it will also be a challenge with a CR-1 filing. Don't give up and make sure everything was very honest with the interviews.  They usually already know the answer when they ask those questions.

 

Did anyone ever borrow her identity?  I do know of stories where OFWs can go and someone uses their name to take their place.  It was many years ago when things weren't as tightly watched.  The original OFW got pregnant and someone else took her ID and her place with the assignment.

Edited May 1, 2018 by John & Rose

[MandW 310]

she has been in Taiwan 9 years, she has a ARC (alien resident card) , nothing expired., her passport not exp, her arc not exp. my attorney also believes its a security name check issue, the night of the interview ceac site said "ready" and last updated april 30, today says same thing but now says last updated may 1 , however when she was handed the 221g , nothing was checked asking for more documents, at the bottom under "other" it was hand written "no action required at this time" and when he handed it to her he said "someone from the consulate will call you in a couple of days" he said that to her 2 times.

[John & Rose 7,241]

Just now, MandW said:

she has been in Taiwan 9 years, she has a ARC (alien resident card) , nothing expired., her passport not exp, her arc not exp. my attorney also believes its a security name check issue, the night of the interview ceac site said "ready" and last updated april 30, today says same thing but now says last updated may 1 , however when she was handed the 221g , nothing was checked asking for more documents, at the bottom under "other" it was hand written "no action required at this time" and when he handed it to her he said "someone from the consulate will call you in a couple of days" he said that to her 2 times.

I would just wait and see.  It is very likely it is just a name issue that they need to work through.  You may be fine on your end.  Let them finish the AP and then you will know what path to take.  At this point I believe they have to do some closer identity check and everything will come back fine.  Let them do their job and don't worry about it.  They will not deny without a reason so if you are all good, everything will be fine.

[geowrian 22,339]

@MandW

Your visa is refused under 221(g), but is pending additional processing. The only thing to do at this point is 1) try to get them to give you more info, and 2) wait. They have not yet decided that she is inadmissible or that the petition is invalid.

 

The other option is to withdraw the K-1 application + petition, marry, then file for a CR-1. But this won't prevent AP for the same reason next time.

[MandW 310]

what are the chances from 221g to getting visa? this is what I want to know. 

they asked her 3 times has been to usa and answered no 3 times. 

I wonder how many 221g people end up getting the visa vs people that eventually denied are

 

consulate told her someone from the consulate will call you in a couple of days, my lawyers says the reason they handed her passport back was she is she is foreign worker in Taiwan and not in her home country in case of an emergency she will need her passport and the consulate didn't want to have it in their possession. 

 

at least John knows what his problem is and can decide what to do now, I want to know as well. sucks.

Edited May 1, 2018 by MandW

[Crazy Cat 44,546]

1 minute ago, MandW said:

what are the chances from 221g to getting visa? this is what I want to know. 

they asked her 3 times has been to usa and answered no 3 times. 

I wonder how many 221g people end up getting the visa vs people that eventually denied are

 

consulate told her someone from the consulate will call you in a couple of days, my lawyers says the reason they handed her passport back was she is she is foreign worker in Taiwan and not in her home country in case of an emergency she will need her passport and the consulate didn't want to have it in their possession. 

221gs are very common.  My wife received a 221g from AIT for missing documents.  2 days later, her visa status changed from "refused" to "issued".........

[deafguy72 99]

3 minutes ago, MandW said:

what are the chances from 221g to getting visa? this is what I want to know. 

they asked her 3 times has been to usa and answered no 3 times. 

I wonder how many 221g people end up getting the visa vs people that eventually denied are

 

consulate told her someone from the consulate will call you in a couple of days, my lawyers says the reason they handed her passport back was she is she is foreign worker in Taiwan and not in her home country in case of an emergency she will need her passport and the consulate didn't want to have it in their possession. 

Asking her 3 times is to much! 

[John & Rose 7,241]

4 minutes ago, deafguy72 said:

Asking her 3 times is to much! 

Absolutely.  That is why I think it is an identity issue.  I think the OP is OK.  He just need to let AP run its course.

[John & Rose 7,241]

12 minutes ago, MandW said:

what are the chances from 221g to getting visa? this is what I want to know. 

they asked her 3 times has been to usa and answered no 3 times. 

I wonder how many 221g people end up getting the visa vs people that eventually denied are

 

consulate told her someone from the consulate will call you in a couple of days, my lawyers says the reason they handed her passport back was she is she is foreign worker in Taiwan and not in her home country in case of an emergency she will need her passport and the consulate didn't want to have it in their possession. 

 

at least John knows what his problem is and can decide what to do now, I want to know as well. sucks.

I think you are fine.  221g is common.  It doesn't always mean a refusal.  I honestly believe there was a hit on her name and they need to verify that it is not her.  Giving the passport back makes perfect sense to me.  She is a foreigner in that country.

 

Don't let my story scare you.  I believe you are fine.  You just need patience.

[geowrian 22,339]

45 minutes ago, MandW said:

what are the chances from 221g to getting visa? this is what I want to know. 

Either exactly 0% or 100%. It's not a chance-based system...either they will determine that she is eligible for the visa, isn't eligible for the visa, or they need more documents / to investigate something longer. This is based on the facts of the case, not a roll of the dice.

 

Quote

they asked her 3 times has been to usa and answered no 3 times. 

I wonder how many 221g people end up getting the visa vs people that eventually denied are

That I can help you with... https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2017AnnualReport/FY17AnnualReport-TableXX.pdf

But again, this is for other people's cases. Some people get a 221(g) to send in a document. Others get a 221(g) for relationship evidence reasons. Others yet get them for verification of documents. The list goes on and on.

Edited May 1, 2018 by geowrian

[MandW 310]

I'm not going to worry about this anymore, US government isn't going to prevent me being with the woman I love, the woman I decided to be my life partner so I'm not going to worry. if ends up being denied, we will do the 130 route, I will go to the phils and get married there. then do 130 and if that fails I will look into selling my house and cars and moving to the phils, which is the last option. So I look at it as plan A , B and C

A = K1

B = 130 Spousal visa , stay in Philippines 30 days then back to USA for 60 , and keep doing that until 130 visa is/if issued

C = Migrate to Philippines.