Stephanie&Sofiane

Hello, I recently had notifications from this discussion, we haven’t been on in awhile. We were reaffirmed, he had his second interview in January, approved and arrived in the USA in February! We were never requested to give anything further to the USCIS or the Embassy. We did not have to provide anything more to show a bona fide marriage. The  focus of the second interview was mainly my job and my finances and our joint sponsorship. It was very simple for us and we are thankful. However, we’ve learned that each case is a little different in what is being requested after the further review. I can’t really advise on anything because it could be totally different for you or someone else. What I can say is waiting and checking in periodically seems to be best method. Rest assured there will be updates when that information is available. I still highly recommend consulting with an attorney also when a case becomes more complex.
Good luck with your case, we wish you and everyone best! 

Congratulations! and well said every case is different from each other! Have a wonderful time with your love!

Hello, I recently had notifications from this discussion, we haven’t been on in awhile. We were reaffirmed, he had his second interview in January, approved and arrived in the USA in February! We were never requested to give anything further to the USCIS or the Embassy. We did not have to provide anything more to show a bona fide marriage. The  focus of the second interview was mainly my job and my finances and our joint sponsorship. It was very simple for us and we are thankful. However, we’ve learned that each case is a little different in what is being requested after the further review. I can’t really advise on anything because it could be totally different for you or someone else. What I can say is waiting and checking in periodically seems to be best method. Rest assured there will be updates when that information is available. I still highly recommend consulting with an attorney also when a case becomes more complex.
Good luck with your case, we wish you and everyone best! 

Hello, I recently had notifications from this discussion, we haven’t been on in awhile. We were reaffirmed, he had his second interview in January, approved and arrived in the USA in February! We were never requested to give anything further to the USCIS or the Embassy. We did not have to provide anything more to show a bona fide marriage. The  focus of the second interview was mainly my job and my finances and our joint sponsorship. It was very simple for us and we are thankful. However, we’ve learned that each case is a little different in what is being requested after the further review. I can’t really advise on anything because it could be totally different for you or someone else. What I can say is waiting and checking in periodically seems to be best method. Rest assured there will be updates when that information is available. I still highly recommend consulting with an attorney also when a case becomes more complex.
Good luck with your case, we wish you and everyone best! 

Hello, I recently had notifications from this discussion, we haven’t been on in awhile. We were reaffirmed, he had his second interview in January, approved and arrived in the USA in February! We were never requested to give anything further to the USCIS or the Embassy. We did not have to provide anything more to show a bona fide marriage. The  focus of the second interview was mainly my job and my finances and our joint sponsorship. It was very simple for us and we are thankful. However, we’ve learned that each case is a little different in what is being requested after the further review. I can’t really advise on anything because it could be totally different for you or someone else. What I can say is waiting and checking in periodically seems to be best method. Rest assured there will be updates when that information is available. I still highly recommend consulting with an attorney also when a case becomes more complex.
Good luck with your case, we wish you and everyone best! 

Has anyone at USCIS or NVC been able to explain why it would be there for security review? USCIS was able to give me general information on the refusal we had, and NVC explained to me more thoroughly their role in the process, of course which is only administrative, but they had information too on what next steps would likely be. I wonder if they could answer that? 

Hi, I just saw this post. Did you contact the USCIS again? Checking in with USCIS and NVC is good, if they have updates or notes they can tell you. I hope you find out something soon if you haven't already.

After the reaffirmation notice on October 24 2020 I called NVC, I was told to call back in one week,,,by then they had case notes,said it was already back at the embassy and we would have a second interview. The Embassy didn't send us a notice for an interview and nothing changed on our CEAC to say anything about an interview,,it was the same refusal information from September. So we contacted the embassy around first week in November and they confirmed he will have a second interview in January. Our PD is October 2018 so we've got one of the older cases, it took a year to hear back on the I-130. Everything after moved along quickly until covid-19 of course, definitely that has contributed to longer wait times with the amount of cases there are to keep up on. 
Wishing you to hear soon, and all will be good!
 

Thank you, and we'll see how it goes and update! And thanks for sharing your timeline too,,your case is in line, they will get to it, hopefully soon for you! We waited so long for I-130 approval, an entire year, and when I called USCIS in September 2019 before it was approved the USCIS agent told me they were still on June and July 2018 PD dates, ours was October 2018. With covid-19 closing offices earlier this year things are probably still a little behind,,and the holidays. Sending prayers and good luck, and happy new year too!

Thank you, I wish you best with your case too! We are still waiting to see how the second interview goes.
 
My husband interviewed at the American Embassy in Tunisia on September 16. When he was given the refusal paper they told him his wife should contact NVC in 7 weeks, 7 to 8. I called after a week to see if we could get further information, all they were able to say was the file had been received electronically and forwarded to USCIS.
 
On October 26 I received an Affirmation notice in the mail from USCIS with
instructions to contact NVC for further information. Our I-130 reapproval notice was dated October 20. NVC said the case was forwarded back to the embassy and we should wait on a second interview scheduled with the Embassy. We emailed the Embassy to request a case status, they gave us a new interview date in January, they said it is an appointment for review. USCIS never requested anything else from us in regards to relationship evidence or any other type of information.
 
Have you had any other information yet? It's definitely a lot of waiting, and so unnerving to get a refusal. We felt a little better in finding out that refusals are not uncommon and oftentimes are just due to further review or needing additional relationship proof. Just wait for what information is requested, or maybe no information will be requested after the review!
 

Hello, I was talking with someone else with the same refusal about whether security checks might also be included, because it's taking awhile for a response on their case and because Tunisia is among countries subject to additional security checks. We were reaffirmed quickly, within a month, so we did not have to go through congress or senate or keep waiting on responses from the various immigration departments. Our PD date is also from 2018 though, two years now.
 
Did you request the information or did USCIS just update you when they were ready? Did it take very long, or did you use your congressman or senator?  It's great that they gave you a reason.

,*And while I can't say for sure,,,my best guess is that our possible inadmissibility pertains to the joint sponsorship,,,which again the USCIS wasn't aware of when the I-130 was approved. 
 
I am curious to know if others with the 212a5 are also going to just be reaffirmed without further information requests. If so, hopefully they share to give a little more insight into what the code is about, which seems like a general placeholder that literally just means a review as stated on the refusal. 221g is a definite request for more information but 212a5 doesn't seem to be. Best to everyone going through the immigration process.🌸

True, it's applicable to public charge. But since it's being used generally, maybe they use it for various reasons at their discretion? I have read that consular officers can pretty much select refusals as they see fit but USCIS of course has authority on the decision. 
 
When I emailed the embassy and asked about the 212a5 and labor certification and if it could have been chosen incorrectly, the response was that it is was not a mistake. Another couple with the same refusal was also told by the Embassy that 212a5 is a general placeholder. But there is also a Miscellaneous option so I don't know why they choose one over the other. 
It's interesting how even the attorneys we and others have consulted with also don't know why 212a5 is being used as a general placeholder.
 
When I contacted USCIS and asked about it shortly after he received the refusal, the agent told me, as soon as I said 212a5, "They will just reaffirm and you won't be notified until you receive the affirmation notice." Our attorney had expected a NOID but it was as the agent said, there was a notice of reaffirmation sent. So it does seem like something technical and not related to needing proof of bona fide marriage. A further review as stated on the refusal. Hopefully all the 212a5 refusals are simple like that.
 

Thank you, and we'll see how it goes and update! And thanks for sharing your timeline too,,your case is in line, they will get to it, hopefully soon for you! We waited so long for I-130 approval, an entire year, and when I called USCIS in September 2019 before it was approved the USCIS agent told me they were still on June and July 2018 PD dates, ours was October 2018. With covid-19 closing offices earlier this year things are probably still a little behind,,and the holidays. Sending prayers and good luck, and happy new year too!

Dont worry everything will be fine 

Thank you, I wish you best with your case too! We are still waiting to see how the second interview goes.
 
My husband interviewed at the American Embassy in Tunisia on September 16. When he was given the refusal paper they told him his wife should contact NVC in 7 weeks, 7 to 8. I called after a week to see if we could get further information, all they were able to say was the file had been received electronically and forwarded to USCIS.
 
On October 26 I received an Affirmation notice in the mail from USCIS with
instructions to contact NVC for further information. Our I-130 reapproval notice was dated October 20. NVC said the case was forwarded back to the embassy and we should wait on a second interview scheduled with the Embassy. We emailed the Embassy to request a case status, they gave us a new interview date in January, they said it is an appointment for review. USCIS never requested anything else from us in regards to relationship evidence or any other type of information.
 
Have you had any other information yet? It's definitely a lot of waiting, and so unnerving to get a refusal. We felt a little better in finding out that refusals are not uncommon and oftentimes are just due to further review or needing additional relationship proof. Just wait for what information is requested, or maybe no information will be requested after the review!
 

,*And while I can't say for sure,,,my best guess is that our possible inadmissibility pertains to the joint sponsorship,,,which again the USCIS wasn't aware of when the I-130 was approved. 
 
I am curious to know if others with the 212a5 are also going to just be reaffirmed without further information requests. If so, hopefully they share to give a little more insight into what the code is about, which seems like a general placeholder that literally just means a review as stated on the refusal. 221g is a definite request for more information but 212a5 doesn't seem to be. Best to everyone going through the immigration process.🌸

I've wondered that too, but we were requested nothing further to prove our relationship. Also when my husband was given the refusal, he was told " We can't give you the visa today," basically worded in a way that led us to think they had been ready to approve but found something needing further review. He had been asked to sit down while my tax documents were being reviewed then was called back over and given the white slip.
 
We have quite a lot of evidence for our marriage and from the 4 months total I spent with him and his family (two separate visits) that I think it's not so much about questioning the relationship. Of course I could be wrong but given that we were reaffirmed quickly and without a NOID or any RFE for relationship evidence, it seems like they really just need to review something regarding admissibility. However the second interview will prove or disprove that I think lol. 
 
They do refuse alot based on suspicion about a relationship but not all refusals are based on such suspicions. At least with a 221g you know you're being asked for information. It seems the best thing to do about a 212a5 (just my opinion) is to wait and see what USCIS says and does after reviewing. 
 
Thank you for replying!
 

True, it's applicable to public charge. But since it's being used generally, maybe they use it for various reasons at their discretion? I have read that consular officers can pretty much select refusals as they see fit but USCIS of course has authority on the decision. 
 
When I emailed the embassy and asked about the 212a5 and labor certification and if it could have been chosen incorrectly, the response was that it is was not a mistake. Another couple with the same refusal was also told by the Embassy that 212a5 is a general placeholder. But there is also a Miscellaneous option so I don't know why they choose one over the other. 
It's interesting how even the attorneys we and others have consulted with also don't know why 212a5 is being used as a general placeholder.
 
When I contacted USCIS and asked about it shortly after he received the refusal, the agent told me, as soon as I said 212a5, "They will just reaffirm and you won't be notified until you receive the affirmation notice." Our attorney had expected a NOID but it was as the agent said, there was a notice of reaffirmation sent. So it does seem like something technical and not related to needing proof of bona fide marriage. A further review as stated on the refusal. Hopefully all the 212a5 refusals are simple like that.
 

Hi, our center was Nebraska Center and our PD is October 2018. Some have told us that's a really long time, but long waits are not unusual. Our attorney said to expect anywhere from 9 months to 1 year to hear anything more after the I 130 was received. They were right! It was approved in October 2019, and from there everything was fast from NVC until offices closed due to covid-19. It doesn't take everyone a year but I was also told nebraska center is usually slow. 
 
As for the 212a5, we still do not know what reason it was given lol. The USCIS reaffirmed the original I130 a couple of months ago without requesting any further information from us. Now we are just waiting on a second interview. 
 
Since they didn't ask for anything else we are wondering if the further review could be because a) we are using a joint sponsor, something USCIS wouldn't have known when the I 130 was originally approved, or b) because while waiting his category had changed from CR1 to IR1 and maybe USCIS needed to decide if we need more evidence for that. But we really don't know what the possible inadmissibility was. We are just following instructions for the next steps now!
 
As for if it applies to labor certification, we still don't know that either. Our attorney said labor certification shouldn't apply to a spouse visa. That would make sense, a spouse would be a permanent resident and have a right to work rather than being a "threat" to the jobs of US citizens. Maybe they can use a labor certification refusal if they don't think the immigrant has enough work skills to provide for himself or herself and the spouse here, but I'm not sure. It seems to be used as a general category.
 
I hope you hear something soon if you haven't already, good luck! 

https://www.google.com/amp/s/dartmouthpolitics.com/2020/04/01/a-critical-review-of-consular-nonreviewability/amp/
 
Was going to say definitely annoying and stressfulwhen it's at your expense, but at least, thankfully, USCIS gets another look at these cases first.
 
Here's an article too I think has some good information, and talking about mistakes by consular officers. Talks about how nonreviewability of their decisions can lead to more mistakes and also overstepping authority. Good to know so we know what to look into and consult attorneys or politicians about. 

Hello, I'm sorry you and your husband are going through this. My husband, also Tunisian, had his interview last week at the Embassy in Tunis and we were given the same refusal. On the section 212(a)(5) it simply says our case is returned to the USCIS for further processing. Our attorney has emailed the Embassy to ask for a specific reason, but hasn't had a reply yet. She told us that the US Embassy in Tunisia is very difficult, especially if there have been prior marriages. In our situation I have previously been married. I contacted the NVC this week and the representative kindly offered to check the notes to see if she could provide more information, but all she could see was Being sent to USCIS for final decision.
 
We are incredibly confused too, as well as stressed, sad... everything has been fine until the interview. Have either of you had previous marriages, or previous visas,or sponsorship of someone on a visa? We are waiting for an explanation and to see what we need to do next. The attorney said typically the USCIS will send a notice of intention to revoke the case and then the couple has 30 days to respond. Her advice to us is to keep getting more information together to prove our marriage is sincere and be ready to reply back with everything. 
 
I will be checking back on your post, and if I find anything new and helpful will share it. Wishing you both good, we know how you are feeling right now.

Thank you 🙂   Yup, we were.  Long before the internet was around, having penpals was popular for kids.  

I wish I could meet someone who’s actually experience this who’s from Tunisia.