dsamyra3

All of you should be ashamed of yourselfs on here. How dare you judge this person? Thinking he used his wife for a visa. Relationships fall apart everyday with or without a green card.
He is looking for help, and you judge him???? Just because he does not express himself very well? Have you forgot alot of people on Visa Journey english is not very good?
I am born US Citizen, and I have a hard time expressing myself sometimes on the computer.
Patience are needed on here and sometimes you have to read between the lines to understand, what someone means.
miloud,
before you give up on your relationship maybe you both can try counciling ? Marriage is tuff, but then you add different culture and teenagers...and it is enough for anyone to break.
It is hard when teenager are involved, even the most well behaved, respectful teenagers, can put a wedge into any relationship. Be strong.

All of you should be ashamed of yourselfs on here. How dare you judge this person? Thinking he used his wife for a visa. Relationships fall apart everyday with or without a green card.
He is looking for help, and you judge him???? Just because he does not express himself very well? Have you forgot alot of people on Visa Journey english is not very good?
I am born US Citizen, and I have a hard time expressing myself sometimes on the computer.
Patience are needed on here and sometimes you have to read between the lines to understand, what someone means.
miloud,
before you give up on your relationship maybe you both can try counciling ? Marriage is tuff, but then you add different culture and teenagers...and it is enough for anyone to break.
It is hard when teenager are involved, even the most well behaved, respectful teenagers, can put a wedge into any relationship. Be strong.

Alright, I am going to interject here.
First, unless you have had a lot of experience dealing with individuals whose first language is not English, do not assume that how you interpret someone's post is the same way they meant it. The OP's English use is consistent with someone who does not understand the nuances of the language. Instead of 'adding' your nuanced interpretations to his words, read the sentences individually and determine what they mean. It is equally interpretable as meaning 'my situation is thus - I have my green card so am a permanent resident. My marriage, however, is not going well. My wife's 3 teen aged daughters and I don't get along. My wife and I are arguing all of the time and we are both unhappy. If we get divorced, how will this affect my status in this country.". That is what he has said - and if you had read it as written in those words you would not now be accusing him of fraud.
Please, this website is supposed to be helpful and constructive, not judgmental and critical. When you read a post that you know is not written by a native English speaker/writer - think twice or three times about how each sentence can be phrased or constructed and put into context in the greater whole.
His situation is plausible and has been seen many times here on Visa Journey. Some relationship chasms are just too deep to bridge easily due to cultural differences and personality conflicts. Unless you actually have hard and fast proof that this man has committed visa fraud - and I see nothing in his post to indicate that he has (and I have had a lot of experience dealing with non-native English speakers), then answer his question with consideration and care - or do not participate in this thread. Speculation and supposition are good for gossip but not for facts.
This post is made both as a moderator and as a member of Visa Journey.
I repeat - if you have nothing constructive to add to this discussion, then do not add anything at all. Two posts violating TOS have already been removed and I will remove others if necessary.

All of you should be ashamed of yourselfs on here. How dare you judge this person? Thinking he used his wife for a visa. Relationships fall apart everyday with or without a green card.
He is looking for help, and you judge him???? Just because he does not express himself very well? Have you forgot alot of people on Visa Journey english is not very good?
I am born US Citizen, and I have a hard time expressing myself sometimes on the computer.
Patience are needed on here and sometimes you have to read between the lines to understand, what someone means.
miloud,
before you give up on your relationship maybe you both can try counciling ? Marriage is tuff, but then you add different culture and teenagers...and it is enough for anyone to break.
It is hard when teenager are involved, even the most well behaved, respectful teenagers, can put a wedge into any relationship. Be strong.

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~