Refused under 221(g) Administrative Processing

[Newuser4453454 79]

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 December 14, 2018 by NearEthereal

[Newuser4453454 79]

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.

[payxibka 10,044]

What if anything is written on the 221g?

[Newuser4453454 79]

Nothing.

[payxibka 10,044]

2 minutes ago, NearEthereal said:

Nothing.

Every Visa goes through ap.  Most clear within a few days as they need to tidy up the file 

[Newuser4453454 79]

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 December 14, 2018 by NearEthereal

[Crazy Cat 39,246]

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.

[USS_Voyager 1,971]

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 December 14, 2018 by USS_Voyager

[Crazy Cat 39,246]

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?  

[USS_Voyager 1,971]

2 minutes ago, missileman said:

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

Let me look, I came across it a while ago while reading some of the FAM documents

[USS_Voyager 1,971]

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.

[geowrian 22,335]

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

[USS_Voyager 1,971]

So the standard procedure is "there is no such thing as a pending case,  just issue a 221g"!

[Crazy Cat 39,246]

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......

[Newuser4453454 79]

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.