US Visa Interview with a 221G Administrative Processing Result

[USS_Voyager 1,971]

9 hours ago, Elizabethlh said:

I wish they would’ve told me what was missing if that was the case 

If they didn't tell you, then you probably are not missing anything. It is probably on their end that they have to check something. It could be a name check (his name could be a hit on the name check database and they have to verify that this guy is not the same guy who is an axe murderer or he's not the second nephew five times removed of Fidel Castro) or it could be something related to his job. I have a co-work interview for an H1B visa in India. We work in Pharmaceutical and her project uses the same chemical ingredient that was used as a weapon of Mass Destruction by the Germans during WW1. Instant AP. She was eventually cleared, but it took 1.5 months. The point is, it could be anything, we just don't know. 

 

[Adam A 27]

45 minutes ago, Gomast said:

Thank you for sharing the insight. It’s hard to know what to expect, so it’s good to know all the directions that our case might go. 

No worries I just read few people giving advice saying oh your this and that and you will get it in a week or two, let's face it no one knows even experienced lawyers, immigration is a process that works different from one person to another. Good sign for us both is that it changed from AP to ready since I hear horror stories about AP status,  you will get it and be fine question is when that's all. Stay positive 

Edited June 28, 2019 by Adam A

[geowrian 22,335]

15 hours ago, USS_Voyager said:

I don’t think Consular Officers have the authority to readjudicate petitions approved by USCIS. In fact, they are obligated to take the approved petition as prima facie evidence that the beneficiary have met the requirements of the visa classification. It is highly theoretical but the consular officers have zero authority to do anything about an approved petition. 

They cannot adjudicate the petition. But if they have reason to believe there was a mistake or it is incomplete, they can return it to USCIS for review (with a code and notes as to why they believe it is incomplete/should be revoked). Of coarse this review doesn't happen anymore, but that is the workflow they follow.

[Beth & Achraf 328]

20 hours ago, Elizabethlh said:

June 26th, 2019 

Interview  day

Officer who interviewed us asked us many questions which were answered with the truth. Didn’t ask for any documentation, he  asked only for pictures. In my heart I felt we were about to be approved, I praised God as this guy was typing his fingers away... Then he stepped away from his desk came back with a letter in hand which at this time I still thought it was the approval.... then he proceeded to write 221G on a paper that he had on his desk. I knew what this code meant as I’ve read a lot about it before.  In my head I said

 “ This (removed) is not about to give us the 221G” WELL THIS (removed) SURE DID

 Case is now in AP 😔

Questions asked

To him

1) how you meet her ( met through my aunt who is his cousin. My aunt is married to my dad’s brother ) 

2) Was she legally married when you met her ? ( yes I was but separated since 2015)

3) Were you married when you met her?

( No. He Divorced since March 2018) but separated since 2017

3) how many times she traveled to Cuba 

4) What were you doing in Germany in 1984 . ( he was born in Germany because his dad was working at the Cuban embassy at the time) 

5) What does your dad do for a living.

( Diplomat 🤦🏽‍♀️)

6) You have kids? Ages ?

7) What do you do for a living.? What other jobs have you done before current one ?

8)have you visited other countries and what were you doing there  ( yes Suriname for three months in 2017 visiting friends ) 

 

To me 

 

1)You were married to “.     “. Was he American ? ( no he wasn’t he was born in Colombia ) at this point you know they knew I filed for green card for him in 2004 

2)what do you do for a living

3) you still work  

4) why do you want to marry him in US and not in Cuba ( I want my parents and siblings to be there with me ) 

5) If his visa is approved where would he live ? 

6) who do your share the apartment with 

7) you have a 2 bedroom apartment ? (removed)

 

completely heart broken  

 

 

 

 

 

 

 

Did you disclose the previous filing for a foreign national on your current petition?

[EliLA 22]

31 minutes ago, Beth & Achraf said:

Did you disclose the previous filing for a foreign national on your current petition?

The petition specifically asked if I had previously filed a k-1 never asked for any other type of immigration process. 

[Mrs.C.M. 30]

21 hours ago, Elizabethlh said:

 

 

To me 

 

1)You were married to “.     “. Was he American ? ( no he wasn’t he was born in Colombia ) at this point you know they knew I filed for green card for him in 2004 

2)what do you do for a living

3) you still work  

4) why do you want to marry him in US and not in Cuba ( I want my parents and siblings to be there with me ) 

5) If his visa is approved where would he live ? 

6) who do your share the apartment with 

7) you have a 2 bedroom apartment ? (removed)

 

completely heart broken  

 

 

 

 

 

 

 

The issue would not be on the application to USCIS.  the question on page 4 of the I 129F

Additional Information # 43-47

question # 43: Have you ever filed Form 129F for any other beneficiary? (doesn't ask about any other filing)

 

If there is a concern, it would be by the consular officer as you can see, the question was asked above highlighted in red.  To what degree of concern? We don't know. You will have to wait it out.  Be patient.  I did not ever think my case was not getting approved at the interview....it wasn't and that was June 2018. and after months of waiting it was returned to USCIS for review.  Mine is a IR 1 and will get reviewed. 

( I am not trying to discourage you merely educate)

Those of us who are not instantly approved ---- think we have cases that should be approved without question or hesitation by the consular officer.  We all feel they are bona fide,  We all ask ourselves why our relationship has not been seen through our eyes. 

 

If the turn of events is not good, there are other options.  Reapply or get married and file for a spouse visa.

 

IMO give it a little time and  see what happens you might be pleasantly surprised.

When the case is in administrative review keep check it on NVC site and touch base with the consulate and ask for updates.  Many are waiting as well and I am sure that is no consolation however, we are here for you and a lot have been on a similar journey.

Edited June 28, 2019 by Mrs.C.M.
typo

[EliLA 22]

11 minutes ago, Mrs.C.M. said:

The issue would not be on the application to USCIS.  the question on page 4 of the I 129F

Additional Information # 43-47

question # 43: Have you ever filed Form 129F for any other beneficiary? (doesn't ask about any other filing)

 

If there is a concern, it would be by the consular officer as you can see, the question was asked above highlighted in red.  To what degree of concern? We don't know. You will have to wait it out.  Be patient.  I did not ever think my case was not getting approved at the interview....it wasn't and that was June 2018. and after months of waiting it was returned to USCIS for review.  Mine is a IR 1 and will get reviewed. 

( I am not trying to discourage you merely educate)

Those of us who are not instantly approved ---- think we have cases that should be approved without question or hesitation by the consular officer.  We all feel they are bona fide,  We all ask ourselves why our relationship has not been seen through our eyes. 

 

If the turn of events is not good, there are other options.  Reapply or get married and file for a spouse visa.

 

IMO give it a little time and  see what happens you might be pleasantly surprised.

When the case is in administrative review keep check it on NVC site and touch base with the consulate and ask for updates.  Many are waiting as well and I am sure that is no consolation however, we are here for you and a lot have been on a similar journey.

You are very sweet . Thank you ❤️

[Richard Purves 58]

16 hours ago, geowrian said:

They cannot adjudicate the petition. But if they have reason to believe there was a mistake or it is incomplete, they can return it to USCIS for review (with a code and notes as to why they believe it is incomplete/should be revoked). Of coarse this review doesn't happen anymore, but that is the workflow they follow.

Curious, what exactly do you mean by "this review doesn't happen anymore"?

[geowrian 22,335]

13 minutes ago, Richard Purves said:

Curious, what exactly do you mean by "this review doesn't happen anymore"?

An I-129F that is returned by the embassy/consulate is no longer reviewed by USCIS. Instead it is left to expire. This is due to procedures that could result in a misrepresentation/fraud (permanent) bar due to being unable to show eligibility of the visa (whereas it was intended only in cases where there was an actual finding of misrep/fraud).

[EliLA 22]

Does any one know what it means when the date on “date updated” on NVC website changes . 

My interview was June 26, last update was June 26 when it changed to AP. And yesterday the date was changed to June 28.  

[EliLA 22]

4 hours ago, geowrian said:

An I-129F that is returned by the embassy/consulate is no longer reviewed by USCIS. Instead it is left to expire. This is due to procedures that could result in a misrepresentation/fraud (permanent) bar due to being unable to show eligibility of the visa (whereas it was intended only in cases where there was an actual finding of misrep/fraud).

Does this mean my case can possibly still be at the consulates office ? How would we know if it was transferred to USCIS

[Crazy Cat 39,218]

Just now, Elizabethlh said:

Does any one know what it means when the date on “date updated” on NVC website changes . 

My interview was June 26, last update was June 26 when it changed to AP. And yesterday the date was changed to June 28.  

It means there was activity..accessed file, etc.  ...it is basically meaningless........ 

[EliLA 22]

12 minutes ago, missileman said:

It means there was activity..accessed file, etc.  ...it is basically meaningless........ 

I see. 😔

[Mrs.C.M. 30]

9 hours ago, Elizabethlh said:

Does this mean my case can possibly still be at the consulates office ? How would we know if it was transferred to USCIS

You are jumping the gun thinking it could be going to USCIS.  Be patient, let them  work on your case at the consulate.  Most of the replies  contain potential scenarios.  We are sharing our knowledge because a lot of us have been through similar things. Every case is different. Try not to let this weigh on your mind (not that easy).  Keep us posted on your journey!

[LaBeach 29]

On 6/27/2019 at 8:06 PM, Elizabethlh said:

I walked out in shock , I did not see that coming. I didn’t asked anything, I regret it. I feel like they wouldn’t have said anything though . If it was paper work missing they would’ve probably mentioned that . I think it could be more like my past marriage, applying for a green card , I have no kids with my ex whom I was with for 13 years. Or my fiancé being the son  of a someone who works for the Cuban government . I honestly don’t know . I’m just throwing some stuff out their that I could think of. 

My best guess is that it is the beneficiary's dad's job. A high level government official in the family is going to have extra scrutiny.