funkyab

Hi again,

i recently posted about a 221g at the Embassy where they requested more police certificates from my wife. the original topic can be found here. http://britishexpats.com/forum/showt...08#post5929908

The original denial letter read as follows:

Dear -------
this office regrets to inform you that it is unable to issue a visa to you because you have been found ineligble to receive a visa under the following section(s) of the immigtation and naturalization Act. X section 221(G) which prohibits the issuance of a visa to anyone who fails to present the documents requested in connection with this visa application.... etc. etc.. etc..et..
You have been founf indligible under there grounds becaise:
1. please obtain a police certificate from Denmark
2. Pending police certificate from the netherlands
3. Pending adminstrative processing.
once the above items are provided we will review your case. If all documents are in order your visa will be issued and mailed to you by registered mail.
A few days leter i got a call from the university in the netherlands that i was a visiting student at. The adminstrator told me that the US embassy in Sweden had called her inquiring if i was actually there and the requirements of my program, and asked her to read a list of all the students presumably to make sure that my wife was indeed doing the same program.

a couple of days after that i got an email from the embassy stating:
"Dear -----,
Our office would ar like to ask you to provide us with the following:
We would like you to fill out a new and updated version of the form G-325A. The version we received when you filed the I-130 petition does not state that you have been studying and residing in the Netherlands. Please remember to sign the form before you mail it to the embassy. Also, list the address/addresses where you were living while residing in the Netherlands. "

They also sent a similar letter to my wife stating:
"Dear ---,
We have received your Danish police certificate and we are still waiting for the Dutch police certificate.
Meanwhile our office would like you to fill out a new and updated version of the form G-325A. The version we received from you when your husband filed the petition does not state that you have been residing in the Netherlands and is also listing that you are residing in Norway at the moment.
Please remember to sign the form before you mail it to the embassy.""
This whole "residence over the last years" has been a bit confusing to us as our situation is unique as we are both graduate students and have spent 1-3 months several times at universities all over the world as part of our program but remaining remained as a full time student at our home university.

My wife and I both sent them a letter asking for clarification as it is difficule for us to inptepret what they want. We both received similar replies.

"Dear Mr. ---,
We are sorry about the confusion regarding the residency question. When we ask you to list where you have been residing we want you to list all addresses where you have been living. Residency in this context basically means where you spend the night even if it is for a 3-month exchange. So please list all addresses you have been living at no matter if you have been registered with the authorities in Sweden."

I guess my big question here is why exactly they would want a new copy of g325a? Wasent this step presumably over with when the i130 was approved and my wife scheduled for interview??

Please share any input you may have.

Thanks.

Noorah101

Because the information they have now, with regard to the police certificate dates, and clarification from the universities, does not match what was on the G-325A's you filled out.

No. It is at the time of the interview when the officer reviews ALL the material in the file and makes a decision on visa eligibility. If she notices something a little off, as she did in your case, they have to investigate it and get corrected documents from you in order to proceed.

Best Wishes,
Rene

meauxna

My question would be: why do you mind?

One anomaly surfaced, they are doing their normal investigation and want to clarify the details.

The simplest and easiest answer is: give them what they request.

funkyab

We of course do not mind, it is simply stressful and worrisome. All sorts of hypothetical questions like "what if they think we intentionally left something out." What if the cumulative errors and forms make them want to forget about it." What if What if What if.

Also when I went through this i130 visa process (but not dcf) with my former wife who was from Sweden in 2000, things went much smoother.

meauxna

They don't get the option to 'want to forget about it'. Well, they can want all they want, but they can't just make you go away, and wouldn't over simply asking for more info.

Many people make similar types of errors on their immigration forms. The errors can be corrected mid-stream, just like they are doing with you now. You don't get bounced completely out of the system.

The immigration process is different now than in 2000, you might remember a few incidents that happened from Jan 2001 on. I think if you provide them with the legitimate answers to their legitimate questions, it will be something they can check off their list and move forward with your case.

funkyab

Hi all,

My wife spoke with the embassy today and they said that they have received everything that they requested and need and that the application and her passport are sitting on the consulars desk for him to make his decision. I think and hope all will be fine and her passport and visa package will be sent out shortly, we hope very soon!!!

However ones mind cant help but wander during times like this think of best and worst case scenerios.

Here is a question.

If for some reason he is not satisfied, what happens next. I understand that in the darker 221g cases the application is sent back to the uscis center where the petition was originally approved, people wait for a NOID etc. etc..

Since ours was filed directly with the consulate and they are the ones who initially approved the i-130, how would that next step work in our case?

Thanks.