K-1 Visa Interview resulted in INA 221(g) "White Slip"

[big_tex_69 19]

Hi All, Just looking for some guidance here because I am a bit confused. After her interview on the 20th of Feb 2024, the consular advised my fiancée that he would be refusing the Visa under the INA 221(g) and gave her the dreaded "white slip" that had these boxes checked:

 

In the actual white slip they indicated

1. Passport

13. Additional Information

 

I attached 2 jpg files: 
actual_white_slip.JPG ( in russian )

Englsh_for_reference.jpg

 

They also gave my fiancée a separate sheet of paper with the list of questions that they had for her for the "additional information" requirement as well asked for a copy of my resume ( ??? ) and asked for it to be emailed to an address at the Warsaw consulate.

We immediately went back to our hotel, filled out all the questions and I happened to have a copy of my resume and we emailed to the address specified. Several days later the Consular that did our interview responded back to us with this:

 

Dear Madam,

 

Thank you for provising us the additional information.

 

We would like to let you know that your case remains denied under INA 221(g) pending the results of administrative processing. We will contact you when it is complete. Please be aware that it may take up to several months to complete. We are not able to estimate how long it may take.

 

Sincerely,

 

Immigrant Visa Section

 

A couple of questions that come to mind:
1. How are we supposed give them our passport and her to travel back home ?

2. Since the CO himself responded with Thank you for provising us the additional information, do we need to actually submit the passport ?

3. Does this visa application actually go back to USCIS ?

4. Because this is a "white slip" realistically are we screwed ?

 

Thanks in advance !

Curt

 

 

[TBoneTX 43,419]

Thread is moved to the Russia/Ukraine/Belarus regional forum.

Edited March 5 by TBoneTX

[millefleur 5,039]

9 hours ago, big_tex_69 said:

They also gave my fiancée a separate sheet of paper with the list of questions that they had for her for the "additional information" requirement as well asked for a copy of my resume ( ??? ) and asked for it to be emailed to an address at the Warsaw consulate.

So this is becoming more and more common with Russians. They're getting subjected to extended AP, which is a type of background check carried out for national security reasons.

 

We just had a whole conversation about this in another thread, you're welcome to have a look:

 

9 hours ago, big_tex_69 said:

A couple of questions that come to mind:
1. How are we supposed give them our passport and her to travel back home ?

2. Since the CO himself responded with Thank you for provising us the additional information, do we need to actually submit the passport ?

3. Does this visa application actually go back to USCIS ?

4. Because this is a "white slip" realistically are we screwed ?

1. I actually have no idea. Seems like you might need to contact the embassy and find out.

2. Good question. Tagging experts @milimelo and @jan22 for advice.

3. I do not believe AP has anything to do with USCIS. It is Department of State. More info can be found here: https://en.wikipedia.org/wiki/Security_Advisory_Opinion

4. No, it does not mean you are screwed. Every single applicant gets AP, some are just subject to extended AP that takes longer. It is actually very likely you'll eventually get approved and get the visa. The downside is nobody can say how long it will take. Can be days, weeks, months or even years. And there is a small chance that the visa will be rejected after review. It depends on if they find anything deemed to be a true security threat or not.

Edited March 5 by millefleur

[big_tex_69 19]

Thanks @TBoneTX Thanks @millefleur

I went through and did a metric ton of googling and binging yesterday evening after creating the post. Caught a lot of good information that I am trying to digest, jot down and then repost here probably later today.

 

Basically my Spidey sense is telling me every Russian national coming through Warsaw is going to get a 221(g) pending "Administrative Processing" regardless of how squared away your documents are. I'll write more of a summary later on my findings.

[big_tex_69 19]

Just a bit of an update on the process: my point here is two fold: 1. get valuable answers to questions and 2. repost aggregated processes / info that I can share with others.

 

If I can help reduce the level of pain, frustration, and the emotional toll that this process takes and learn through the process is a win win for everyone.

 

In general terms the INA 221(g) "Administrative Processing" hold is essentially just a holding pattern stage that potentially any visa application can go through ( regardless of visa type; in my case K-1 ). There could be any number of issues that raise a flag for a consular officer that simply requires more investigation into the beneficiary's background.

 

Country of Origin

City ( birth or residence ); for example in Russia there are closed cities that are considered strategically important

Military service

Occupation / Education of Beneficiary ( or close relatives )

Or anything else that might seem like a potential national security concern

Or anything else that just seems generally "fishy"

 

In reality it seems legit, the US Government wants to vet people applying for visas and that can take time. That is the revelation I think folks on this forum need to understand, it is in general a national security question that needs to be answered to the fullest the application can be, which is a good thing. Unfortunately the processes and inconsistencies everyone experiences is problematic.

 

Personally, after reading many of these threads, I now have a 180 degree change of opinion in our experience with our CO's process. He advised my fiancée the visa was "refused". He gave my fiancée the form ( essentially all the same questions on the DS-5535 form but just on a piece of paper ) at the end of the interview and emailed us 1 week later giving us at least an update. After educating myself on the process and reading the horror stories on some of these other threads, although I was disappointed with the refusal, I now understand the process and can work intelligently towards getting this thing approved.

At this point I will pray and leave it in the hands of the highest authority and do my best to fulfill any further requests from the CO as quickly as possible

 

Will keep posting any follow up nuggets I find

 

Edited March 5 by big_tex_69
type-o

[millefleur 5,039]

2 hours ago, big_tex_69 said:

In reality it seems legit, the US Government wants to vet people applying for visas and that can take time. That is the revelation I think folks on this forum need to understand, it is in general a national security question that needs to be answered to the fullest the application can be, which is a good thing. Unfortunately the processes and inconsistencies everyone experiences is problematic.

 

Pretty much. Does your fiancée have a STEM education/career background by chance?

 

2 hours ago, big_tex_69 said:

Personally, after reading many of these threads, I now have a 180 degree change of opinion in our experience with our CO's process. He advised my fiancée the visa was "refused".

Yeah, "refused" seems to mean "we're not approving it yet" and they're still waiting until they make the final decision.

[big_tex_69 19]

@millefleur she graduated from a music conservatory 🤣 and is the most non political person i have ever met. although her home city that she was born in was one of those "closed cities" i mentioned.

otherwise she is clean as a whistle. I just pray this is easy but don't want to jinx it

[JayFromTexas 60]

@big_tex_69, do you think it has to do mainly with the Warsaw embassy? Maybe it would be better to try to transfer our case somewhere else?

[big_tex_69 19]

We initially tried to get her case moved to another embassy after being shot down from multiple times, the Jerusalem embassy was the next that was on the list, but then October 7th happened and we both agreed, she will get Schengen to Hungary and then we will drive to Poland. A couple of thoughts, that this doesn't have anything to do with Warsaw, I've been formulating this theory that the 221(g) AP would happen anywhere we go because she is Russian, and we are not interviewing in her home country, and regardless of what embassy we went to, the red flags follow her just because she is Russian and interviewing in a 3rd country. Caveat: this is my own thought not based on anything other than various different posts on this forum as well as Internet searching in general.

 

My advice would be to not make travel plans for her to come to the USA with you after the interview. And to expect that you will get a 221(g) Administrative Processing needed. That way you won't be as crushed as we were. Godspeed and best of luck !

[JayFromTexas 60]

9 minutes ago, big_tex_69 said:

We initially tried to get her case moved to another embassy after being shot down from multiple times, the Jerusalem embassy was the next that was on the list, but then October 7th happened and we both agreed, she will get Schengen to Hungary and then we will drive to Poland. A couple of thoughts, that this doesn't have anything to do with Warsaw, I've been formulating this theory that the 221(g) AP would happen anywhere we go because she is Russian, and we are not interviewing in her home country, and regardless of what embassy we went to, the red flags follow her just because she is Russian and interviewing in a 3rd country. Caveat: this is my own thought not based on anything other than various different posts on this forum as well as Internet searching in general.

 

My advice would be to not make travel plans for her to come to the USA with you after the interview. And to expect that you will get a 221(g) Administrative Processing needed. That way you won't be as crushed as we were. Godspeed and best of luck !

I'm working with a person who specializes in preparing and assisting with green card cases. She is a Russian (or Ukrainian) immigrant located in the US and she handles 5-10 cases per month including a K1 approved yesterday in Poland, and a CR1 in Armenia a few days before and a CR1 in Kyrgyzstan the week before. She doesn't think there is a different process in place for Russians. Similar to your description above, she said AP usually appears when either the immigrant or her spouse has a technical degree or military history or something that the US wants to investigate in more detail. Maybe something in your history is triggering it, like military service?

[big_tex_69 19]

WOW !!! ok, let me see if i am picking up what you are laying down. 
 

9 minutes ago, JayFromTexas said:

Maybe something in your history is triggering it, like military service?

Do you mean they could have put the case in AP because of something about me ? 

I was in the US Army for 8 years ( 89 - 97 ) honorably discharged after two 4 year enlistments. And work in the IT field. I also had a minor scrape with the law back in 97 that was expunged. A thought just popped in my head just now as to why they asked for the "petitioners" Resume. They could be doing background checks on me ?

Edited March 5 by big_tex_69
type-o

[rikko 71]

VJ user BeauH had a government job and his fiance was also put into AP so your background may have contributed to it as well

[big_tex_69 19]

@rikko @JayFromTexas

Thanks !!!! Wow this thought hadn't ever crossed my mind

[JayFromTexas 60]

5 minutes ago, big_tex_69 said:

WOW !!! ok, let me see if i am picking up what you are laying down. 
 

Do you mean they could have put the case in AP because of something about me ? 

I was in the US Army for 8 years ( 89 - 97 ) honorably discharged after two 4 year enlistments. And work in the IT field. I also had a minor scrape with the law back in 97 that was expunged. A thought just popped in my head just now as to why they asked for the "petitioners" Resume. They could be doing background checks on me ?

Yes, your military service could absolutely be the reason for the delay. Plus, your current involvement in the IT field, although there is another guy from Texas who works in IT who didn't have any AP issues, 6 or 7 months ago. But he didn't serve in the military, afaik.

[millefleur 5,039]

1 hour ago, JayFromTexas said:

She doesn't think there is a different process in place for Russians. Similar to your description above, she said AP usually appears when either the immigrant or her spouse has a technical degree or military history or something that the US wants to investigate in more detail. Maybe something in your history is triggering it, like military service?

According to the wiki article on AP, Russians are one of the nationalities more likely to be screened. I've been around the RUB forum since 2016 and it seems there has been an uptick in extended AP for Russians in this last year. Anecdotal of course, but still a noticeable increase compared to before. 

 

10 hours ago, big_tex_69 said:

Basically my Spidey sense is telling me every Russian national coming through Warsaw is going to get a 221(g) pending "Administrative Processing" regardless of how squared away your documents are. I'll write more of a summary later on my findings.

Not sure if it was clear before but everyone gets AP, it's just the more extended one is for certain applicants. AP for most people only lasts a few days so they don't even realize it's happening. It does not seem to be Warsaw-specific as in the other thread we've seen it happen in Almaty and Jerusalem as well. 

 

This is honestly the first time I've seen it for someone with an arts related degree. In the prior cases it was almost always STEM or military experience related. Could be that she was born in the "closed city" as you mentioned @big_tex_69, perhaps they are checking her connections to anyone related to that city.