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NearEthereal

Refused under 221(g) Administrative Processing

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Hi.


So after much excitement and assuredness that everything would be alright. We got the dreaded 221(g) administrative processing and a blue slip from the London Embassy. My fiance was given 0 indication of any additional documents were needed as that wasn't checked off. He said he should wait 7-10 business days, and did not have his passport returned to him.

 

The proof he submitted:

1. Affidavit of Support w/ proof  (They gave back the W-2s and took the pay slips).

2. Birth Certificate

3. DS160 confirmation

4.  Letter of interview confirmation

5. Police certificate containing a No Live Trace, and an emailed AOS describing the nature of the case (a minor charge for an accident 10ish years ago).

 

He tried to also provide additional pictures, but they said they didn't need any further documentation

 

 

Questions Asked:

 

How we met?

We met online though a video game.

 

What does your fiance do for work:

Helpdesk team lead at (my place of employment)

 

Where did you live

Gave my exact address and the address I lived prior.

 

When the last time you saw her?

First of December

 

Did you see her in 2017

Yes, we proposed in Whitby in Yorkshire.

 

She asked a lot of questions about the police and if he was ever arrested for drunk driving. He said no.

 

Then she went to check some documents and handed the slip.

 

The first interviewer did ask about his employment history. He is an aircraft technician currently working a contract job, but did have prior work with the Department of Defense.

 

I'm only posting this to avoid an inevitable freak out. I feel so powerless right now....

 

Edited by NearEthereal

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Additional informaiton

- We've visited eachother 4 times. The first time he came to the US he was between contracts and stayed for 7 weeks. He was questioned at the border for a bit on this, because he was not actively working at the time (he picked up a new contract when he went back.) I visited him in April 2016, he visited in Nov-Jan 2016-17,  I visited in December 2017-Jan 18 (We got engaged!), and He visited Nov -Dec 2018. We had an engagement party and I gave him pictures from the party, as well as the invitation and the hand written note my mom wrote about our engagement in a 'speech' she gave during the toast.

 

I'm not sure how much more proof of relationship we can give, so I don't know what's holding this up or throwing the flag.

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If every Visa goes through AP, then why was this one refused /denied under 221(g) pending AP when most are approved?

Are all visas refused under 221(g) at first and then approved later?

Do we mark this as a refusal of Visa when we do the AOS later?

Edited by NearEthereal

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3 minutes ago, NearEthereal said:

If every Visa goes through AP, then why was this one refused /denied under 221(g) pending AP when most are approved?

Are all visas refused under 221(g) at first and then approved later?

Do we mark this as a refusal of Visa when we do the AOS later?

My wife's visa (Taiwan) was initially "Refused" pending her submission of a document (221g).  It changed to "issued" 2 days later.......

 

Your situation seems normal imo.


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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7 minutes ago, NearEthereal said:

If every Visa goes through AP, then why was this one refused /denied pending AP when most are approved?

No, this is just a soft denial. By laws, all visas have to be either approved or denied by the end of the day or something like that. What I am trying to get at, is according to the DOS regulations, there is no "in-between" status for a visa. It either has to be approved or denied. So if they need to check something like that criminal record or his work with the DoD, or who knows whatever, they issue a 221g refusal, until they are satisfied, then they approve the visa. The fact that they kept the passport is an obvious good sign. Keep up the hope. Y'all will be ok.

Edited by USS_Voyager

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Just now, USS_Voyager said:

By laws, all visas have to be either approved or denied by the end of the day or something like that.

Interesting....Can you provide a source for that?  


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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Here it is:

 

9 FAM 504.11-2(A)  (U) Visa Issued or Refused if Application Properly Completed and Executed

(CT:VISA-1;   11-18-2015)

a. (U) There are no exceptions to the rule that once a visa application has been properly completed and executed before a consular officer, a visa must be either issued or refused.  (See 9 FAM 504.9-2.)  For statistical and comparison purposes, all posts should follow the identical refusal procedures and report refusals the same way in their required reports of visas issued and refused.  (See 9 FAM 504.3-2.)  Accordingly, any alien to whom a visa is not issued by the end of the working day on which the application is made, or by the end of the next working day if it is normal post procedure to issue visas to some or all applicants the following day, must be found ineligible under one or more provisions of INA 212(a), 212(e), or 221(g). (INA 221(g) is not to be used when a provision of INA 212(a) is applicable.)  This requirement to find an applicant ineligible when a visa is not issued applies even when:

(1)  (U) A case is medically deferred;

(2)  (U) The post requests an advisory opinion from the Department;

(3)  (U) The post decides to make additional local inquiries or conduct a full investigation; or

(4)  (U) The only deficiency is a clearance from another post. 

b. (U) There is no such thing as an informal refusal or a pending case once a formal application has been made.

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They are still processing the case and have not determined eligibility for the visa yet. You just have to wait now.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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2 minutes ago, USS_Voyager said:

Here it is:

 

9 FAM 504.11-2(A)  (U) Visa Issued or Refused if Application Properly Completed and Executed

(CT:VISA-1;   11-18-2015)

a. (U) There are no exceptions to the rule that once a visa application has been properly completed and executed before a consular officer, a visa must be either issued or refused.  (See 9 FAM 504.9-2.)  For statistical and comparison purposes, all posts should follow the identical refusal procedures and report refusals the same way in their required reports of visas issued and refused.  (See 9 FAM 504.3-2.)  Accordingly, any alien to whom a visa is not issued by the end of the working day on which the application is made, or by the end of the next working day if it is normal post procedure to issue visas to some or all applicants the following day, must be found ineligible under one or more provisions of INA 212(a), 212(e), or 221(g). (INA 221(g) is not to be used when a provision of INA 212(a) is applicable.)  This requirement to find an applicant ineligible when a visa is not issued applies even when:

(1)  (U) A case is medically deferred;

(2)  (U) The post requests an advisory opinion from the Department;

(3)  (U) The post decides to make additional local inquiries or conduct a full investigation; or

(4)  (U) The only deficiency is a clearance from another post. 

b. (U) There is no such thing as an informal refusal or a pending case once a formal application has been made.

Thanks......


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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I'm just wondering what could hold back his eligibility, or which part they could disbelieve if that's the case. We provided more proof than what was necessary, and he gave answers for anything that may put up a flag (in our opinion , I guess) they didn't ask us for any additional information or check anything off, so I wonder what they could be checking.

I guess it's either the police report (he's already waived rights to have the police certification agency speak directly to the embassy when he requested the additional information on the No live trace) or the fact that he's an engineer type worker. I saw some websites say that certain lines of work can trigger this response.

 

Thanks for helping to dissuade the panic.

 

 

 

 

 

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