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~kiyah~

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  1. Like
    ~kiyah~ got a reaction from K1vi in Returning Petitions to the United States via 221g   
    I am protesting...I want this issue pinned!
    Petitions Returned to the United States
    More and more this is how Morocco is handling visa petitions, and it does not matter the amount of proof of relationship you provide. We need a central place to review/share extremely important information to help ourselves and others going through this issue. Possibly even prevent this from happening to others in the future.
    I will gladly create a legible, credible, and searchable compilation of all immigration guidelines surrounding petition return/revocation, research, etc. if VJ would commit to pinning this issue for us. Even if it is only in the ME/NA forum...PIN IT PLEASE?????
    ~Kiya~
  2. Like
    ~kiyah~ got a reaction from uxvza in Returning Petitions to the United States via 221g   
    I am protesting...I want this issue pinned!
    Petitions Returned to the United States
    More and more this is how Morocco is handling visa petitions, and it does not matter the amount of proof of relationship you provide. We need a central place to review/share extremely important information to help ourselves and others going through this issue. Possibly even prevent this from happening to others in the future.
    I will gladly create a legible, credible, and searchable compilation of all immigration guidelines surrounding petition return/revocation, research, etc. if VJ would commit to pinning this issue for us. Even if it is only in the ME/NA forum...PIN IT PLEASE?????
    ~Kiya~
  3. Like
    ~kiyah~ got a reaction from amul in Returning Petitions to the United States via 221g   
    Reposting this for a friend in need...gotta figure out how to get this placed at the top as a guide!
    Here is what is happens when a petition is returned:

    221(g) is issued to beneficiary at conclusion of the interview stating the application and/or petition is being returned to the United States.
    Petition is returned to the United States by the interviewing consulate for "further review" in what is called a diplomatic pouch.
    Returned petition is received by the NVC. It is reviewed and entered into the fraud database by fraud management.
    Returned petition is sent to the local service center where the petition was originally filed.
    Local service center receives returned petition.
    Local service center who processed the original petition sends a notice of receipt to the petitioner.
    Local service center reviews the returned petition and consular officer notes on the case.
    Local service center then sends either a NOID (Notice of Intent to Deny) or NOIR (Notice of Intent to Revoke) to the petitioner also asking for more proof of the relationship, many cases have specific consular objections to rebut.
    Petitioner is given 30-60 days from date of NOIR/NOID (depending on the service center) to respond with additional evidence of the relationship or other specific evidence. The timeframe to respond will be provided in the letter.
    Local service center receives evidence...if in the timeframe given (30-60 days) the case is reviewed and either reaffirmed or denied.
    If the petition is denied the local service center sends the petitioner an 'official' denial letter. This can be be appealed if the denial letter states such.
    If the petition is reaffirmed the local service center sends the petitioner an official notice of reaffirmation.
    Local service center sends the reaffirmed petition AND its evidence provided in the rebuttal directly to the consulate along with a recommendation to issue a visa.
    Consulate notifies the beneficiary of a new interview date.
    Beneficiary has interview for the reaffirmed petition and the visa is either issued, or the case in placed in Administrative Processing which after cleared a visa is issued, or worst case scenario it is denied via 221(g) and returned again to the USCIS.

    What can you do immediately when faced with this issue:

    Immediately have the beneficiary send a scanned copy of the 221(g) issued.
    Contact the consulate directly (immediately) and attempt to have the petition reviewed by the senior consular before it is returned.
    If you are unable to get through to the consulate on the phone, contact them via email, and if you're mail has a "read verification" use it.
    Contact your congressman/senator, get them involved immediately. You will need to sign a release form giving them permission to make an inquiry on your behalf.
    Provide your congressman/senator with as much information as possible about your case, the interview, and the result.
    If your congressman/senator is top notch, they will not just send an email or letter to the consulate, they will call on the phone and try to get the petition reviewed again before it is sent back.
    If they are not successful, they can request the diplomatic pouch number the petition is being returned in. This number will allow you to track the petition until it is received by the local service center.
    If you do not know who your congressman/senator is, use the following links to find out who represents your area:

    US Congressional Representatives (By State)
    US Senators (By State)
    If the petition is returned, you are in for a wait. The diplomatic pouch the petition is returned in is sent from embassy to embassy picking up other returned petitions along the way. It could take up to 2 or 3 months for it to be received by fraud management at the NVC...then the NVC has the petition for about 1 month before sending it to the local service center where it was originally filed. One thing to also know is that returned petitions do not take priority...they are reviewed in the order they are received...that is after new petitions have been processed.
    What you can do in the meantime while you wait:

    Continue contacting the consulate to get an actual reason for the return...not the blanket "validity of relationship" response.
    Stay in contact with your congressman/senator, they can assist you in getting the actual reason for denial.
    Immediately file a Freedom Of Information Act request for the Department of State asking specifically for the consular notes on your returned petition: DOS FOIA
    Immediately file for a Freedom of Information Act request for the USCIS asking for the same specific consular notes on your returned petition: USCIS FOIA
    Continue to document your relationship, emails, letters, phone bills, visits to their country, etc.
    Be ready for the opportunity to rebut the consular findings.
    Contact a good immigration attorney...preferrably one who has experience in returned and denied petitions.

    After a period of 6 months or longer has passed and you do not hear anything from the local service center regarding the receipt of your return, or the results of the review, you can contact the CIS Ombudsman. While the Ombudsman cannot make the USCIS reaffirm your returned petition, they can assist when processing times are outside of guidelines

    USCIS OMBUDSMAN
    Now, there are some differences between returned fiance petitions and marriage petitions. The K1 is especially at risk due to the expiration of the original approval, many returned K1s are not given the opportunity to rebut, they receive a notice telling them their K1 has expired and may file again at any time...this is why the FOIA is so important. You need to know the exact reason the petition was returned, just filing again is a huge risk if you do not know why the petition was returned in the first place.
    While the K3 does have an expiration date also, they are treated more seriously. I have not known anyone who has had a returned K3 not being given the opportunity to rebut. Obviously the CR1 does not expire. Still, it is very important to file the FOIA, not every service center will tell you exactly what the consular office findings or objections to issuing the visa are. Some people are only asked to provide more evidence of their relationship.
    ~Kiyah~
  4. Like
    ~kiyah~ got a reaction from Soloenta in Returning Petitions to the United States via 221g   
    If you support pinning this issue...please say so by posting in this topic. Without forum support the issue will never get pinned. Shokran.
    ~Kiya~
  5. Like
    ~kiyah~ got a reaction from Soloenta in Returning Petitions to the United States via 221g   
    Exactly denali...exactly.
    Shall we create a poll to support the pinning of this issue...what will make them realize how serious this is? It will require a lot of support from anyone affected and interested...meaning you will need to post.
    Like I said...I am more than willing to create a well documented post providing links to all of the immigration guidelines surrounding this issue, all the research myself and others have done making it easy for us to retrieve and share information, etc.
    ~Kiya~
  6. Like
    ~kiyah~ got a reaction from Soloenta in Returning Petitions to the United States via 221g   
    I am protesting...I want this issue pinned!
    Petitions Returned to the United States
    More and more this is how Morocco is handling visa petitions, and it does not matter the amount of proof of relationship you provide. We need a central place to review/share extremely important information to help ourselves and others going through this issue. Possibly even prevent this from happening to others in the future.
    I will gladly create a legible, credible, and searchable compilation of all immigration guidelines surrounding petition return/revocation, research, etc. if VJ would commit to pinning this issue for us. Even if it is only in the ME/NA forum...PIN IT PLEASE?????
    ~Kiya~
  7. Like
    ~kiyah~ got a reaction from Ninotisha in 221g   
    Ok, back to researching and have a question. There seem to be 2 types of appeals, and I am confused at which one would apply to cases sent back for review then being denied:
    1. Administrative Appeals Office
    I-290B Form and Process
    2. Notice of Appeal of Decision Form I-694
    Now, I 'think' that the I-290B is the correct form and process for denied petitions but it is not very clear. From what I understand now, not every case can be appealed. When the petitioner receives notification of denial from the USCIS the notice will tell them if the can appeal and which office to appeal to.
    Concerning a K1 there is probably no right to an appeal...which really doesn't matter to me. In the even we are denied we will get married and file for the K3. The timeframe of an appeal is HUGE and from what I hear most of the appeals are fruitless. Still I want to research everything I can...even if it does not help our case, maybe it will help someone else.
    Has anyone else researched the appeal process? Which form is correct?
    ~Kiya~
  8. Like
    ~kiyah~ got a reaction from MoTiff in Returning Petitions to the United States via 221g   
    I am protesting...I want this issue pinned!
    Petitions Returned to the United States
    More and more this is how Morocco is handling visa petitions, and it does not matter the amount of proof of relationship you provide. We need a central place to review/share extremely important information to help ourselves and others going through this issue. Possibly even prevent this from happening to others in the future.
    I will gladly create a legible, credible, and searchable compilation of all immigration guidelines surrounding petition return/revocation, research, etc. if VJ would commit to pinning this issue for us. Even if it is only in the ME/NA forum...PIN IT PLEASE?????
    ~Kiya~
  9. Like
    ~kiyah~ got a reaction from MKA092211 in Returning Petitions to the United States via 221g   
    I am protesting...I want this issue pinned!
    Petitions Returned to the United States
    More and more this is how Morocco is handling visa petitions, and it does not matter the amount of proof of relationship you provide. We need a central place to review/share extremely important information to help ourselves and others going through this issue. Possibly even prevent this from happening to others in the future.
    I will gladly create a legible, credible, and searchable compilation of all immigration guidelines surrounding petition return/revocation, research, etc. if VJ would commit to pinning this issue for us. Even if it is only in the ME/NA forum...PIN IT PLEASE?????
    ~Kiya~
  10. Like
    ~kiyah~ got a reaction from mounir412 in Returning Petitions to the United States via 221g   
    I am protesting...I want this issue pinned!
    Petitions Returned to the United States
    More and more this is how Morocco is handling visa petitions, and it does not matter the amount of proof of relationship you provide. We need a central place to review/share extremely important information to help ourselves and others going through this issue. Possibly even prevent this from happening to others in the future.
    I will gladly create a legible, credible, and searchable compilation of all immigration guidelines surrounding petition return/revocation, research, etc. if VJ would commit to pinning this issue for us. Even if it is only in the ME/NA forum...PIN IT PLEASE?????
    ~Kiya~
  11. Like
    ~kiyah~ got a reaction from stabo in Returning Petitions to the United States via 221g   
    Reposting this for a friend in need...gotta figure out how to get this placed at the top as a guide!
    Here is what is happens when a petition is returned:

    221(g) is issued to beneficiary at conclusion of the interview stating the application and/or petition is being returned to the United States.
    Petition is returned to the United States by the interviewing consulate for "further review" in what is called a diplomatic pouch.
    Returned petition is received by the NVC. It is reviewed and entered into the fraud database by fraud management.
    Returned petition is sent to the local service center where the petition was originally filed.
    Local service center receives returned petition.
    Local service center who processed the original petition sends a notice of receipt to the petitioner.
    Local service center reviews the returned petition and consular officer notes on the case.
    Local service center then sends either a NOID (Notice of Intent to Deny) or NOIR (Notice of Intent to Revoke) to the petitioner also asking for more proof of the relationship, many cases have specific consular objections to rebut.
    Petitioner is given 30-60 days from date of NOIR/NOID (depending on the service center) to respond with additional evidence of the relationship or other specific evidence. The timeframe to respond will be provided in the letter.
    Local service center receives evidence...if in the timeframe given (30-60 days) the case is reviewed and either reaffirmed or denied.
    If the petition is denied the local service center sends the petitioner an 'official' denial letter. This can be be appealed if the denial letter states such.
    If the petition is reaffirmed the local service center sends the petitioner an official notice of reaffirmation.
    Local service center sends the reaffirmed petition AND its evidence provided in the rebuttal directly to the consulate along with a recommendation to issue a visa.
    Consulate notifies the beneficiary of a new interview date.
    Beneficiary has interview for the reaffirmed petition and the visa is either issued, or the case in placed in Administrative Processing which after cleared a visa is issued, or worst case scenario it is denied via 221(g) and returned again to the USCIS.

    What can you do immediately when faced with this issue:

    Immediately have the beneficiary send a scanned copy of the 221(g) issued.
    Contact the consulate directly (immediately) and attempt to have the petition reviewed by the senior consular before it is returned.
    If you are unable to get through to the consulate on the phone, contact them via email, and if you're mail has a "read verification" use it.
    Contact your congressman/senator, get them involved immediately. You will need to sign a release form giving them permission to make an inquiry on your behalf.
    Provide your congressman/senator with as much information as possible about your case, the interview, and the result.
    If your congressman/senator is top notch, they will not just send an email or letter to the consulate, they will call on the phone and try to get the petition reviewed again before it is sent back.
    If they are not successful, they can request the diplomatic pouch number the petition is being returned in. This number will allow you to track the petition until it is received by the local service center.
    If you do not know who your congressman/senator is, use the following links to find out who represents your area:

    US Congressional Representatives (By State)
    US Senators (By State)
    If the petition is returned, you are in for a wait. The diplomatic pouch the petition is returned in is sent from embassy to embassy picking up other returned petitions along the way. It could take up to 2 or 3 months for it to be received by fraud management at the NVC...then the NVC has the petition for about 1 month before sending it to the local service center where it was originally filed. One thing to also know is that returned petitions do not take priority...they are reviewed in the order they are received...that is after new petitions have been processed.
    What you can do in the meantime while you wait:

    Continue contacting the consulate to get an actual reason for the return...not the blanket "validity of relationship" response.
    Stay in contact with your congressman/senator, they can assist you in getting the actual reason for denial.
    Immediately file a Freedom Of Information Act request for the Department of State asking specifically for the consular notes on your returned petition: DOS FOIA
    Immediately file for a Freedom of Information Act request for the USCIS asking for the same specific consular notes on your returned petition: USCIS FOIA
    Continue to document your relationship, emails, letters, phone bills, visits to their country, etc.
    Be ready for the opportunity to rebut the consular findings.
    Contact a good immigration attorney...preferrably one who has experience in returned and denied petitions.

    After a period of 6 months or longer has passed and you do not hear anything from the local service center regarding the receipt of your return, or the results of the review, you can contact the CIS Ombudsman. While the Ombudsman cannot make the USCIS reaffirm your returned petition, they can assist when processing times are outside of guidelines

    USCIS OMBUDSMAN
    Now, there are some differences between returned fiance petitions and marriage petitions. The K1 is especially at risk due to the expiration of the original approval, many returned K1s are not given the opportunity to rebut, they receive a notice telling them their K1 has expired and may file again at any time...this is why the FOIA is so important. You need to know the exact reason the petition was returned, just filing again is a huge risk if you do not know why the petition was returned in the first place.
    While the K3 does have an expiration date also, they are treated more seriously. I have not known anyone who has had a returned K3 not being given the opportunity to rebut. Obviously the CR1 does not expire. Still, it is very important to file the FOIA, not every service center will tell you exactly what the consular office findings or objections to issuing the visa are. Some people are only asked to provide more evidence of their relationship.
    ~Kiyah~
  12. Like
    ~kiyah~ reacted to MrsAmera in newbie in the group   
    Objectively looking at this what are your flags?
    - age difference
    - length of physical time spent together
    - length of time talking before filing
    On the plus side; neither of you have been married before and there are no kids in the mix. Usually that's some points for you.
    A CR1 is not a guarantee of a visa. I would request the consular notes from the Dept of State in a FOIA to find out what was said about your case. You may be able to get more details from that. If the reason you are being denied is something other than what they are telling you this is information you want to know. Again the consulars often know more about a case than you do.
    I think this story and many others coming out of Casa are important for ppl to take note of. There are many more denials than I've seen in recent years. I think that as petitioners people need to understand the real hurdles they are facing when applying for a visa. Take the time to do research and spend physical time with your SO - for the visa and for yourselves. A week or two together is not going to be enough to show sincerity. Put it in the context of the US. If you were dating someone from WA state and you lived in FL and had only spent a week physically together would you say you knew that person? Many would argue you must spend more time together.
    No criticism to anyone in this regard - just some thoughts.
  13. Like
    ~kiyah~ reacted to UmmSqueakster in Abuse of power in the American Consulate   
    Everyone here is at different points in their visajourney. If you're new and perky and optimistic and happy, good for you. But those of us who are bitter, warn torn veterans have a right to be here and speak about our experiences, the good and the bad.
    Should we just not speak about the negatives? Pretend that the scammers don't exist? Or just look the other way and be smiley happy?
    Successful marriages do exist. I believe I live one. We've known each other for 9 and a half years, and have been married here in the US together for 5 and a half. On paper, we're a great match - we share the same values, are both bookworms, enjoy the same pastimes, like the same movies, are both cat crazy, are of the same faith, are both political junkies/revolutionaries, are very close in age, come from similar socio-economic backgrounds, have the same level of education, and have the same goals in life. If we were someone from each other's respective countries, we'd still have married each other.
    But, every day is hard work. There was no "he got the visa and they lived happily ever after." AbuS came and has struggled mightily. It took him years to find meaningful work in his field. Then, the economy collapsed and he was laid off. And the struggle began again. The struggles in jobs and in adjustment have negatively effected our marriage. I do think that now, 5 years on, we're hitting our stride and actually talking about the whole ark of our future - having kids, buying a house, possibly moving overseas, pursuing advanced degrees. I feel like the last 5 years, we've been frantically treading water, trying not to drown, and only recently been able to actually start swimming in any meaningful direction.
    So if I'm bitter and jaded, I think I've earned the right to say so. By all means, those who are at the beginning, continue. Just be forewarned that the process sucks, there are scammers out there, and you may end up bitter and jaded in 5 years time.
  14. Like
    ~kiyah~ reacted to Beauty for Ashes in Abuse of power in the American Consulate   
    That is exactly true. And not every marriage ends badly.
    Percentagewise though,most turn out poorly for the American. I am so glad you were one of the success stories. Kudos to you.
    Its hard when you fully financially support someone, pay all their bills , pay their immigration, they abuse you and hurt you..
    You are lucky that didnt happen to you. I am 30000 in debt.
  15. Like
    ~kiyah~ reacted to Crossed_fingers in Abuse of power in the American Consulate   
    I think I've posted about this before, but it goes with what you're saying, so here's what I've observed in "real life"...
    I knew an American Muslim girl who studied abroad for a semester in Morocco. She came home and found a group of other American Muslim women that was officially a group for discussing and exchanging information on Morocco. Trading recipes, practicing darija, stuff like that. When she went, she discovered that ALL of the other women in the group had been married to and then divorced by Moroccan husbands. There were 30 of them. I don't know how many of the 30 couples were fraud and how many were legitimate couples who just didn't work out, but not one of those marriages lasted. The group had started when most were still married and I think quite a few of the women had children with the men first.
    Later, I met one of the other women who was in the group. She never offered to talk to me about her own divorce, although she had lived in Morocco for many years with her husband and I find it unlikely that her relationship ended because of fraud. However, they met when she was living in Morocco, they married when she was around 20 years old, a virgin, already Muslim, and already fluent in darija. She was of the opinion that any and every Moroccan man who intentionally sought out a Western woman was a scammer, whether he sought the woman online or in person where she stood out as a foreigner. She relayed tons of stories and red flags to me as a warning before I went to Morocco. I have to say, while my SO didn't overlap much with the profile she said was typical, I do see what she described as the classic fraud profile online all the time. From what she had seen, it didn't end well.
    She in turn introduced me to yet another American woman who lived in Morocco with her Moroccan husband of 15+ years. That woman described herself as being stuck in a terrible marriage full of cultural differences, because she had kids and because she had no life to return to in the U.S. She had converted to Islam and basically had an arranged marriage to her husband when she was a teenager and a virgin and lived in Morocco ever since. She said over the years she'd met "countless" American women who married Moroccan men who moved to the U.S. and divorced immediately. She also described the rampant fraud she saw everyday in Casablanca and suggested that even if you think you know about marriage fraud, you never REALLY know until you see the couples waiting outside or at the cafe across from the consulate.
    I know this is a doom and gloom post, and I actually took longer to write this than probably any other post I've made on VJ because I'm editing out a lot of the details and the particular stories and comments these women made about the relationships they've seen. I know a lot of readers seem to be pretty sensitive or defensive when the topic of fraud and divorce out of Morocco comes up. In full disclosure, even though the 2nd woman I described was surprised that my SO didn't have a lot of the obvious warning signs of fraud, she still was of the belief that it was basically impossible that he had contacted me online with good intentions. Obviously we disagree on that point. I'm just pointing this out because it seems to be the conclusion of some people on VJ that most Moroccan-American immigration marriages are genuine, or at least somehow we're all the exception and fraud just happens to other people. On the other hand, it seems to me that everyone with years of experience with those mixed marriages would argue strongly to the contrary.
    I think listening to people like these women and MrsAmera can shed some light on how the CO's think. If anything, my acquaintances wouldn't give out anywhere near the number of visas than the consulate does because they have seen ALMOST ALL of the visa beneficiaries end up divorcing. MrsAmera's circle of friends suggests the same. We've seen plenty of posts about fraud on VJ, and those are stories about men who made it through Casablanca. I have sympathy for the women whose loved ones are denied; I'm facing the same consulate myself.......but I have to say, with all the fraud out there that isn't discovered until after the men have their papers, I think it's a lot easier to argue objectively that the consulate is too lenient, not too tough.
  16. Like
    ~kiyah~ reacted to MrsAmera in Abuse of power in the American Consulate   
    Please remember being granted a visa is not a right - it's a privalage. You nor your spouse are entitled to a visa just because you "love each other". You are free to marry/love who you choose - you are not free to import anyone you choose. You paid out a lot of funds, so has everyone. Also, sometimes actually a lot of times, the consular knows things even you do not know. They don't deny just because they feel like it. There are reasons that for them to deny, again perhaps things that you do not know about. I suggest to ease your mind you submit a FOIA with the State Dept and request the consular notes for your case. Perhaps they will offer you a glimpse into the reasons for the denial.
  17. Like
    ~kiyah~ reacted to LaL in Abuse of power in the American Consulate   
    If it walks like a duck, quacks like a duck, and looks like a duck - it's a freaking duck.
    Ignoring the signs of fraud is the problem with many in this forum. I have seen year after year several navigate over to the effects forum and legitimately ask " why doesn't the consulate DO something"? For real. Well, they are. And always have. It's your (general you) stupid ####### that begs/pleads/throws chat logs around to prove mutual love. Eventually MOST of the time the consulate gives in or accepts the new case (ie: denied K1 reapplied as a CR1). Don't blame the consulates.
  18. Like
    ~kiyah~ reacted to Beauty for Ashes in Abuse of power in the American Consulate   
    I am happy she is tough and frankly the pain the women get after they are abused for papers is intense and horrific. She is looking out for the US Citizens best interest and one thing to remember is that she sees men going back AFTER they have married Americans for papers every single day. It has to absolutely enrage some of these officers to see man after man entering the consulate after being married to an American and sponsoring women from back home. You have to look at it from the back side too. There is more to this than your petition as a wife. You have to look at the back story of what these women see each day.
    She is a tough cookie and very very smart. I wish they were like this at every consulate. She has probably saved alot of women crushing heartache.
    They see the results of greencard fraud 3 5 7 years later. They see the men after they are done with women over here and go back to marry the women that they wanted to marry to begin with.
    I personally am happy she is tough, smart and isnt being snowed. Be prepared and have your papers tight with lots of documents
  19. Like
    ~kiyah~ got a reaction from dsamyra3 in Returning Petitions to the United States via 221g   
    Reposting this for a friend in need...gotta figure out how to get this placed at the top as a guide!
    Here is what is happens when a petition is returned:

    221(g) is issued to beneficiary at conclusion of the interview stating the application and/or petition is being returned to the United States.
    Petition is returned to the United States by the interviewing consulate for "further review" in what is called a diplomatic pouch.
    Returned petition is received by the NVC. It is reviewed and entered into the fraud database by fraud management.
    Returned petition is sent to the local service center where the petition was originally filed.
    Local service center receives returned petition.
    Local service center who processed the original petition sends a notice of receipt to the petitioner.
    Local service center reviews the returned petition and consular officer notes on the case.
    Local service center then sends either a NOID (Notice of Intent to Deny) or NOIR (Notice of Intent to Revoke) to the petitioner also asking for more proof of the relationship, many cases have specific consular objections to rebut.
    Petitioner is given 30-60 days from date of NOIR/NOID (depending on the service center) to respond with additional evidence of the relationship or other specific evidence. The timeframe to respond will be provided in the letter.
    Local service center receives evidence...if in the timeframe given (30-60 days) the case is reviewed and either reaffirmed or denied.
    If the petition is denied the local service center sends the petitioner an 'official' denial letter. This can be be appealed if the denial letter states such.
    If the petition is reaffirmed the local service center sends the petitioner an official notice of reaffirmation.
    Local service center sends the reaffirmed petition AND its evidence provided in the rebuttal directly to the consulate along with a recommendation to issue a visa.
    Consulate notifies the beneficiary of a new interview date.
    Beneficiary has interview for the reaffirmed petition and the visa is either issued, or the case in placed in Administrative Processing which after cleared a visa is issued, or worst case scenario it is denied via 221(g) and returned again to the USCIS.

    What can you do immediately when faced with this issue:

    Immediately have the beneficiary send a scanned copy of the 221(g) issued.
    Contact the consulate directly (immediately) and attempt to have the petition reviewed by the senior consular before it is returned.
    If you are unable to get through to the consulate on the phone, contact them via email, and if you're mail has a "read verification" use it.
    Contact your congressman/senator, get them involved immediately. You will need to sign a release form giving them permission to make an inquiry on your behalf.
    Provide your congressman/senator with as much information as possible about your case, the interview, and the result.
    If your congressman/senator is top notch, they will not just send an email or letter to the consulate, they will call on the phone and try to get the petition reviewed again before it is sent back.
    If they are not successful, they can request the diplomatic pouch number the petition is being returned in. This number will allow you to track the petition until it is received by the local service center.
    If you do not know who your congressman/senator is, use the following links to find out who represents your area:

    US Congressional Representatives (By State)
    US Senators (By State)
    If the petition is returned, you are in for a wait. The diplomatic pouch the petition is returned in is sent from embassy to embassy picking up other returned petitions along the way. It could take up to 2 or 3 months for it to be received by fraud management at the NVC...then the NVC has the petition for about 1 month before sending it to the local service center where it was originally filed. One thing to also know is that returned petitions do not take priority...they are reviewed in the order they are received...that is after new petitions have been processed.
    What you can do in the meantime while you wait:

    Continue contacting the consulate to get an actual reason for the return...not the blanket "validity of relationship" response.
    Stay in contact with your congressman/senator, they can assist you in getting the actual reason for denial.
    Immediately file a Freedom Of Information Act request for the Department of State asking specifically for the consular notes on your returned petition: DOS FOIA
    Immediately file for a Freedom of Information Act request for the USCIS asking for the same specific consular notes on your returned petition: USCIS FOIA
    Continue to document your relationship, emails, letters, phone bills, visits to their country, etc.
    Be ready for the opportunity to rebut the consular findings.
    Contact a good immigration attorney...preferrably one who has experience in returned and denied petitions.

    After a period of 6 months or longer has passed and you do not hear anything from the local service center regarding the receipt of your return, or the results of the review, you can contact the CIS Ombudsman. While the Ombudsman cannot make the USCIS reaffirm your returned petition, they can assist when processing times are outside of guidelines

    USCIS OMBUDSMAN
    Now, there are some differences between returned fiance petitions and marriage petitions. The K1 is especially at risk due to the expiration of the original approval, many returned K1s are not given the opportunity to rebut, they receive a notice telling them their K1 has expired and may file again at any time...this is why the FOIA is so important. You need to know the exact reason the petition was returned, just filing again is a huge risk if you do not know why the petition was returned in the first place.
    While the K3 does have an expiration date also, they are treated more seriously. I have not known anyone who has had a returned K3 not being given the opportunity to rebut. Obviously the CR1 does not expire. Still, it is very important to file the FOIA, not every service center will tell you exactly what the consular office findings or objections to issuing the visa are. Some people are only asked to provide more evidence of their relationship.
    ~Kiyah~
  20. Like
    ~kiyah~ got a reaction from caybee in My Experience in Egypt(Denied)   
    Unfortunately you aren't going to be able to sue the US government for this. Believe me, I know personally how you feel, when this happened to us I was ready to fight them with every penny I had. They eventually issued my husband's visa because there was no real ineligibility, we just had to go through their steps to get it.
    It is very unfortunate that there is this clash between the Department of Homeland Security and the Deaprtment of State when it comes to visa refusals, and we are the ones who pay the price.
    There is a process for this however, and you can make it through to be reunited in this country. It will take patience and perseverance. But if you both love each other and are willing to go through the return process, you can make it together.
    Just prepare yourselves for when the NOIR/NOID comes, be ready to rebut anything the consular officer raised as an issue such as any red-flags you might have.
    ~kiya~
  21. Like
    ~kiyah~ got a reaction from Peace.... in Returning Petitions to the United States via 221g   
    I am protesting...I want this issue pinned!
    Petitions Returned to the United States
    More and more this is how Morocco is handling visa petitions, and it does not matter the amount of proof of relationship you provide. We need a central place to review/share extremely important information to help ourselves and others going through this issue. Possibly even prevent this from happening to others in the future.
    I will gladly create a legible, credible, and searchable compilation of all immigration guidelines surrounding petition return/revocation, research, etc. if VJ would commit to pinning this issue for us. Even if it is only in the ME/NA forum...PIN IT PLEASE?????
    ~Kiya~
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