E and E

Listen I am going through the same thing as you, My fiance got denied for no reason. He answered all the questions and the CO gave a white sheet with article 221g checked with no other requested evidence, like she sent him to hell. I want to know if it was a female CO like my fiance's interview. I will write to Consular affairs to request for her removal in Haiti. I want them to check all her files, like the people she interviewed in a month and how many she approves or denies. They have to double check those people files. She is probably a nut, a racist, I will tag her until proven otherwise. You cannot deny a person for one wrong answer, hell no, specially, your son's age.The CO has to know that in Haiti, a new year comes, everyone's age moves to the next number. It's because she has a personal problem. I will not take "No" for an answer. I will give you more details. ,I will write to consular affairs in Kentucky. It seems she's the one denying every single person that comes before her.

I wrote to Haiti consulate today and this is an email I received from them:

Dear madam:

Thank you for your inquiry.

Our records indicate the consular officer was unable to confirm the beneficiary’s relationship with the petitioner. Therefore, he was refused the fiancé visa and his application will be soon returned to the USCIS district office for further consideration. If you wish to provide additional proof of the relationship, you are welcome to do so with the USCIS office. This case is considered closed in our office.

Regards,

Correspondence Unit/VD

Consular Section

U.S. Embassy, Port-au-Prince

OP - you've received some great advice!

I know firsthand how heartbreaking a denial can be.

A few other pieces of advice that may help out. Look at this more like a speed bump and less like a final decision. You still have options.

Get in touch with the consulate. On very rare occasions, people have been able to reverse a decision or get a 2nd interview [typically the petitioner is required to be at the interview]. This happens very, very rarely and I've never read of it happening in Haiti but, it has happened elsewhere. Time is of the essence, your case will be returned to NVC very quickly.

Get in touch with your congressperson and senators. Each will have immigration liaison who may be able to get you more information about what happened and what's going on with your case. Neither office can change the CO's decision but you may get a little more info.

What happens next - if you don't get the 2nd interview, etc - the case gets returned to NVC where it is dispatched back to the service center that approved it. If it is returned to CSC, you may get a letter stating the petition has expired. If the petition is returned to VSC you may never hear anything, it will be expired but VSC has not sent out letters confirming that. There is also a small chance the petition may be re-adjudicated [it is SOP for the petition to be re-adjudicated however they are typically just expired out]. This could lead to you receiving a NOIR/NOID. The NOIR/NOID will allow you to send addition evidence to the service center to prove your case. If re-affirmed, the case will go back the consulate and you'll be back in the queue for another interview [an even rarer occurrence is getting a re-affirmation without a NOIR/NOID]. You will find cases here where people have waited for a NOIR/NOID on a K1 from their service center and feel they wasted a year or more because no NOIR/NOID or expiration letter ever showed up - just a warning that for many K1 denials, you never hear anything after the fact.

An option for going forward - get married and file for a CR-1 [i-130]. If you do this, you must prove you have overcome whatever it was that caused the denial. If the CO felt the relationship wasn't bonafide, more face to face time and extended time with family may help persuade the next CO into seeing it is a legit relationship. Two perks to the CR-1: if, god forbid, you are denied a second time, you WILL get a NOIR/NOID in a timely manner and you will not need to adjust status in the US [meaning a green card on arrival - he'll be able to work/drive/travel immediately].

Go ahead and use the search feature here and look at more information about K1 denials - then chart your course of action appropriately!

Good Luck!

Dear madam:

Thank you for your inquiry.

Our records indicate the consular officer was unable to confirm the beneficiary’s relationship with the petitioner. Therefore, he was refused the fiancé visa and his application will be soon returned to the USCIS district office for further consideration. If you wish to provide additional proof of the relationship, you are welcome to do so with the USCIS office. This case is considered closed in our office.

Regards,

Correspondence Unit/VD

Consular Section

U.S. Embassy, Port-au-Prince

Hey that doesn't seem fair.

Let me get this straight: Even if you get approved, they after the beneficiary

goes through the laborious process of getting the medical done; getting the

police, birth records, pictures, et al., they can still deny her at the

doggone interview?

And I didn't even mention the $240 USD fee I have to pay.

That doesn't seem right to me.

My heart goes out to you, yours.

Dear madam:

Thank you for your inquiry.

Our records indicate the consular officer was unable to confirm the beneficiary’s relationship with the petitioner. Therefore, he was refused the fiancé visa and his application will be soon returned to the USCIS district office for further consideration. If you wish to provide additional proof of the relationship, you are welcome to do so with the USCIS office. This case is considered closed in our office.

Regards,

Correspondence Unit/VD

Consular Section

U.S. Embassy, Port-au-Prince

I am so sorry. The CO in Haiti can be very tough I went through the same Consulate as you. I read your story and I myself have some concern. I don't believe it's the age difference. I just had my interview back in February and I am 11 years older than he, and they not once questioned our big age gap. The CO probably looked at the facts that (1) you met on social network and only saw each other twice being 7 months apart, (2) You not once met in Haiti instead in the DR... so there probably thinking you haven't even met his family or friends, like it wasn't legitimate etc... if you look at Barbie_Vasquez timeline one of my friends on my page you will see that they denied her fiance for that same reason, for her not meeting her fiance in Haiti instead in the DR, (3) You were not in attendance with your fiance at the interview. It builds a stronger case especially in Haiti when your accompanying your fiance ... I learned that through another visa journey friend of mine mtcmk1 (please read her review) also one of my friends on my page. Example: the day of our interview when some of the papers were returned to us, we got to the hotel and was looking at the things they returned to us. we found a little sticky paper the said the PT is here. My fiance looked at me and said babe did you write this, I said no, and we asked ourself the next question what is PT? thats when we notice it meant the petitioner is here..They actually warns the CO that the petitioner is here with the fiance, and (4) you stated you were married and got divorce basically to a jerk; however the CO asked your fiance did he know you were married TWICE!!! this could be the biggest flag... Question: were you married twice and how long apart were they? because the CO is probably looking at it as this being your possible third marriage,probably looking at the time frame between all of these commitment (possible thinking fraud),etc. Please do not marry to soon, because in Haiti they will probably deny it again. My opinion wait for more information and go from there. First starting with visiting your fiance more often in Haiti, and build a stronger relationship for the eyes of the CO. I know eventhough you know that your relationship is a bonifide relationship, you have to make it look that way to the CO's because they can't see what you know they are only going on the evidence in front of them, and there probably thinking it wasnt enough connection between the both of you (meaning face to face).

I wrote to the consulate yesterday and I received an email today stating:

Dear madam:

Thank you for your inquiry.

Our records indicate the consular officer was unable to confirm the beneficiary’s relationship with the petitioner. Therefore, he was refused the fiancé visa and his application will be soon returned to the USCIS district office for further consideration. If you wish to provide additional proof of the relationship, you are welcome to do so with the USCIS office. This case is considered closed in our office.

Regards,

Correspondence Unit/VD

Consular Section

U.S. Embassy, Port-au-Prince

What does a visa denial under INA section 221(g) mean?

A visa denial under section 221(g) of the INA means that the consular officer did not have all of the information required to determine if you are eligible to receive a visa. This means you are not eligible for the visa now, but your case is pending further action for one of the following reasons:

Your application is incomplete and/or further documentation is required - Applicants whose application forms or other documentation are incomplete are refused. If further documents are required to complete your case, you will be informed what is needed and how to provide it to the embassy or consulate. You will also be given a letter stating your application has been denied under 221(g) and listing which documents you need to provide.

Administrative processing - Further administrative processing of your application is required before a decision can be made regarding your eligibility for a visa. You will be given a letter stating this and next-step instructions after the administrative processing is complete.

Is there something I can do about a refusal under section 221(g)?

If your application was denied because documentation or information is missing, you can provide the missing documents or information as soon as possible. After submitting the documentation, your visa application can then be processed to conclusion to determine whether you qualify for a visa. You have one year from the date you were refused a visa to submit the additional information. Otherwise, if you do not provide the required additional information within one year, you must reapply for the visa and pay another application fee.

If your application requires further administrative processing, this takes additional time after your interview. Processing times can vary based on individual circumstances. For more information, review Administrative Processing.

Very supportive and God Bless you!

I am so sorry. The CO in Haiti can be very tough I went through the same Consulate as you. I read your story and I myself have some concern. I don't believe it's the age difference. I just had my interview back in February and I am 11 years older than he, and they not once questioned our big age gap. The CO probably looked at the facts that (1) you met on social network and only saw each other twice being 7 months apart, (2) You not once met in Haiti instead in the DR... so there probably thinking you haven't even met his family or friends, like it wasn't legitimate etc... if you look at Barbie_Vasquez timeline one of my friends on my page you will see that they denied her fiance for that same reason, for her not meeting her fiance in Haiti instead in the DR, (3) You were not in attendance with your fiance at the interview. It builds a stronger case especially in Haiti when your accompanying your fiance ... I learned that through another visa journey friend of mine mtcmk1 (please read her review) also one of my friends on my page. Example: the day of our interview when some of the papers were returned to us, we got to the hotel and was looking at the things they returned to us. we found a little sticky paper the said the PT is here. My fiance looked at me and said babe did you write this, I said no, and we asked ourself the next question what is PT? thats when we notice it meant the petitioner is here..They actually warns the CO that the petitioner is here with the fiance, and (4) you stated you were married and got divorce basically to a jerk; however the CO asked your fiance did he know you were married TWICE!!! this could be the biggest flag... Question: were you married twice and how long apart were they? because the CO is probably looking at it as this being your possible third marriage,probably looking at the time frame between all of these commitment (possible thinking fraud),etc. Please do not marry to soon, because in Haiti they will probably deny it again. My opinion wait for more information and go from there. First starting with visiting your fiance more often in Haiti, and build a stronger relationship for the eyes of the CO. I know even though you know that your relationship is a bonifide relationship, you have to make it look that way to the CO's because they can't see what you know they are only going on the evidence in front of them, and there probably thinking it wasnt enough connection between the both of you (meaning face to face).

I totally agree with all you said

1. I was planning of going to the interview specially I did apply an I-129F before and I got injured in my job in late february that I am going to therapy right now as you know workman's compensation is very strict.

2. Yes I did not meet him in Haiti and yet his family but I speak to his family regularly including mom, brother, sister and cousins

3. For a bona fide relationship, I provided FB chat is 137 pages, yahoo messenger is 69 pages, Whatsapp is 88 pages, greeting cards, pictures together, calling history and transactions paid on my credit card, proof that we traveled to DR(I flew there from Boston and he flew there from Haiti), passport stamps for both trips (Him and I), hotel reservations on both of our names.

For my previous relationships, my first was legal and we had our son but the second one was the one that I filed for and jet after getting his 2 year green card.

(g) No visa or other documentation shall be issued to an alien if (1) it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law, (2) the application fails to comply with the provisions of this Act, or the regulations issued thereunder, or (3) the consular officer knows or has reason to believe that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law: Provided, That a visa or other documentation may be issued to an alien who is within the purview of section 212(a)(4), if such alien is otherwise entitled to receive a visa or other documentation, upon receipt of notice by the consular officer from the Attorney General of the giving of a bond or undertaking providing indemnity as in the case of aliens admitted under section 213: Provided further, That a visa may be issued to an alien defined in section 101(a)(15)(B) or , if such alien is otherwise entitled to receive a visa, upon receipt of a notice by the consular officer from the Attorney General of the giving of a bond with sufficient surety in such sum and containing such conditions as the consular officer shall prescribe, to insure that at the expiration of the time for which such alien has been admitted by the Attorney General, as provided in section 214(a), or upon failure to maintain the status under which he was admitted, or to maintain any status subsequently acquired under section 248 of the Act, such alien will depart from the United States.

Thats the reason why he was denied.

Thanks

I am sorry to hear that. don't give up

Thanks a lot!

Okie. Answer me really fast. Your fiancee received a paper trlling him the denial reason and the law number. It usualy starts with 21. Could you please give me the number. Is it 212 or 214 or 221. What is it exactly?

221

What he's probably saying is that if they just get married and refile that likely they will get the same result. I don't think her fiance is resisting getting married at all. It's a very valid concern considering they probably didn't believe this couple's relationship is bonafide and that's why they refused to grant the visa. The petitioner's history of petitioning a previous immigrant spouse didn't help either.

OP - as others have said, take some time to process all the information you can. You can try calling the embassy but they probably won't give you any solid answers. File a Freedom of Information Act request with USCIS for the Consular Officer's notes and your returned case file. You can look up how on the USCIS website. This will take some time to process but it could give you helpful information. Go back over all the documents you and your fiance presented in the case. Try to look at it as an outside observer. I understand you can't move to be with your fiance in Haiti because you have a child to care for, but visiting more often and strengthening your ties to each other can only help when you decide how to proceed. Plenty of people have overcome this obstacle so don't despair. There is still hope. Best of luck to you.

Thanks a lot,

Sorry to hear he got denied, but the CO was correct its not the end of the world, my friend's husband was denied the I-29f year before last and they went a head and got married last december and file the cr1 he just came here to the states in feburary this year and she only visited him twice so yes go ahead and get married and file the i130...

Thanks a bunch...

Sorry to hear he got denied, but the CO was correct its not the end of the world, my friend's husband was denied the I-29f year before last and they went a head and got married last december and file the cr1 he just came here to the states in feburary this year and she only visited him twice so yes go ahead and get married and file the i130...

Thanks a lot for the encouragement...

First of all, I am sorry this happened to you and your fiance. But I think the CO is suggesting the I-130 process is the better route. What is your fiance trying to say when he resists the I-130 process?

He doesn't resist the I-130 process, he just feels another long wait for us to be together.

Now is not the time to get married because it's too soon and you will probably get denied. Would you be able to live in Haiti for a while. Like for 6 months at a time for a period of 1.5-2years? Strengthen your relationship? I know it sounds like a long time, but you'll be together then... After a while, you can get married and file. One thing I know for sure was a red flag was the fact that you never came to Haiti. While this may not be a problem for other countries, the COs in Haiti take it very seriously that you visit each other in Haiti. Keep us posted!

He can also contact the Embassy in Port-au-Prince to get the real reason for the denial before you decide on anything else.

Thanks for your advice as always but unfortunately I can't live in Haiti right now because I have my son who is 12 years old and is in school. Do you think I can appeal it? This is tearing my heart, I don't know if I should scream.

I am sorry to hear that. You should get marry and file I-130. That what I can think of.

Thanks for the advice

Okie. I will tell you domething that you mighta not knew but first let me ask you. Why didn't you just marry your fiancee since you trust him

Because I thought I-129F was faster until the long waiting of VSC, I said to myself, I should have done the I-130

My fiance went this morning and did everything through fingerprinting. Then he was called to number 17. First let me tell you, my fiance is 12 years younger than me and this is not my first 129F application. Back to 2008 I filed for a sucker (excuse my french) then he came in March 2009, he took off after getting his 2 years green card. I sent a certified letter to CSC that approved the AOS and one to VSC which is my jurisdiction and one to my local office (Boston). I even went to Boston office twice to let them know that I don't know his whereabouts and the copy of my divorce filing. I met my fiance now, we are so much in love. We went in Dominican Republic for the first time 10/06/11 and went again 05/15/12. That same day I arrived at the hotel, I received a call from my sister in Boston, that my mom passed away with heart condition. I couldn't find a flight back on AxA to Boston right away, I bought another ticket through Jetblue to proceed with mom's funeral arrangements. I filed for my fiance on 07/10/12 which I thought the process will go faster and VSC took forever. I thought of traveling to Haiti but I said what about if NOA2 showed up...all these crazy thinking.

To get back to the interview process today, those are the questions:

1. Who's sending for you? My fiancee so and so

2. How did you guys meet? Social network...

3. How many times that you saw your fiancee? 2 times in Dominican republic October 06, 2011 and May 05/15/12, we stayed at this hotel..... The CO said I see

4. She didn't come to see you in Haiti? No, because we chose to go exploring somewhere else(DR)

5. Have you met her family? Yes, I met her brother (first and last name) who came to Haiti in July 2012

6. Did you know that your fiancee was married twice before? Yes, and she got divorced

7. So what happened to the second marriage? The guy took off and she never know his wherabouts then she got divorced

Then the CO said "Ok Mr X(my fiance), you are not qualified, this not the end of the world. You can still get married.

I feel that this is very insulting. Does Immigration can tell me how many times to get married? Does Immigration can tell me "Hold a gun on your fiance's head to stay with you? Does Immigration can tell me or my fiance "Marry someone your own age? Does Immigration can tell you to look for someone in the states and make sure that someone has a green card?

I only filed I-129F once and the relationship went bad. I worked in my job for 23 years, I paid taxes and never been in jail or either been accused for domestic violence. Never, Never, Never so I leave any comments or suggestions from you VJers for me what's the next steps...Thank you and I am very Saddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd.

Should I go to Haiti and get married? but my fiance said to me" Baby, I am afraid if we go the I-130 process, will they look at it the same way. He said again "Baby I swear that I answered everything, all questions" He added "I feel bad that outsiders look at Haiti as a poor country that people might use other people to enter the USA but one thing, the CO deny the real lovers" That breaks my heart and my fiance said to me "What about if you come to leave with me because I know in my mind, there was no such thing and I want to prove them that Denying us can't break our relationship.

[Thank you, I'll let him know...

They gave my fiancé the interview date but it says no time to report on that date. What time should he report please?

Good news! My fiancé went back again yesterday and they gave him the interview date the same day----interview date April 15 Yayyyy!

My fiance went to Haiti Messager to return the packet 3 from 8 AM to 1 PM there was no signal and they told him to return tomorrow, (WoW) I would like to know as soon they tell you the interview date and how long to wait to the interview date? Thank you specially the recent approved members.

Thanks

It depends on the state, sometimes the county that you live in. To be 100% safe, call your city hall.

I call the Haitian consulate and the guy told me the 1) police certificate would not be an issue for not getting a visa. It is for any beneficiary who went to live outside of Haiti for awhile. Otherwise it is ok and I feel that I want to have so do it. 2) And I asked him regarding the Birth certificate (Extrait d'archives)'s expiration date which I knew that long time ago, the date at the bottom of the certificate. They used to go from that to 6 months. Now it is Ok

Congratulations! Thank you for the pointers and Good Luck to your following journey...

Petitioner: Michelle ..........

Beneficiary: Barack .........

Case Number: PTP2013******

A copy for the I-129F packet that you sent to the USCIS (Optional)

First Submission

1. Letter from the American Embassy in Haiti (Original & Copy)

2. NOA2 (Notice of I-129F's Approval from USCIS (Original & Copy)

3. Copy of Naturalization Certificate (Duplicate)

4. First Marriage Certificate (Original & Copy) (If previously married)

5. First Divorce Certificate ( Original & Copy) ( (If previously divorced)

6. First Divorce Extract (Original & Copy)

7. Second Marriage Certificate (Original & Copy)

8. Second Divorce Certicate (Original & Copy)

Sponsor Files: Petitioner

5. I-134 Completed application Affidavit of Support (Printed in Duplicate)

a. 2012 Tax return + W2 g. Life Insurance $100,000.00 (Optional)

b. 2011 Tax return transcript + W2 h. Personal Property value $20,000.00

c. 2010 Tax return transcript + W2 i. Employment letter

d. 2009 Tax return transcript + W2 j. 4 Paystubs

e. 401K statement k. Bank letter #1

f. Life Insurance $150,000.00 l. Bank letter #2 (Optional)

Forms

1. I-230 Part 1 (Printed in Duplicate)

2. DS-156 (Printed in Duplicate)

3. DS-156K (Printed in Duplicate)

4. DS-157 (Printed in Duplicate)

Applicant Identification

1. Passport

2. Birth Certificate (Original Extract & Copy)

3. Copy of Identification Card

4. 3 Photographs

5. Visa Payment Receipt from Sogebank (Original & Copy)

6. Medical Report (Sealed)

7. Police Report (Optional if in case that they ask, better feel safe than sorry)

8. Divorce certificate Extract from National Archives (Original & Copy) (If previously married)

Evidence of Ongoing Relationship

1. Photographs of Petitioner & Beneficiary

2. Letters of Intent to Marry (Petitioner & Beneficiary)

3. Calls & Text Messages Logs: Facebook, WhatsApp, Yahoo, Tel3 & Call Direk call history

4. Other: Western Union receipts, Digicel Top up, Call Direk and Tel3 charges, Greeting cards

5. Copy of Travel documents to Dominican Republic for Petitioner & Beneficiary including Passports stamps and Hotel & Flight itinierary, Boarding passes

Signed,

EXXXXXXXXXXXXXXXX

Petitioner

XXXXXXXXXXXXXXXXXX

Beneficiary

PS: Please make sure you make a copy of each document paper sent...

" no joint bank account, was too lazy to add my name and was'nt really interested in doing so. we just shook our shoulders in confusion didnt really get to explain.'

I went by what you said but anyway this is not really the issue. I just want a good outcome for both of you because it a very Frustating journey. Good Luck!