NatashaW

Does anyone have any experience with having their K-1 returned by the embassy to DHS/USCIS for vague reasons like "not clearly eligible" under 221(g)? We showed up for what were told would be an interview with the consul (following our interview last month, after which we were told 'administrative processing' was required), but instead of an interview, we were given a piece of paper saying our case was being sent back under 221(g). They do NOT want any documents; I think they just want to deny our application. (During the interview last month, the vice consul remarked "I've seen lots of older men with younger women but I've never seen an older woman with a younger man". I am three years and 1 month older than my fiance. Also she refused to literally accept our evidence of ongoing relationship; we had photos from multiple visits, letters, emails, chat transcripts, phone bills.) If I understand correctly, our application could die a slow death waiting to be processed, in which case we'll never have a chance to present evidence to a rational human. I tried emailing the consul to ask her to take a look at our file before the diplomatic pouch is picked up but she only responds that I should contact DHS/USCIS. Some friends say I need a lawyer to fight this, others say a lawyer can't help, all we can do is wait. For possibly 2 years. Please, if you have any experience with this, please give an idea of what I should be doing.

Elvira

This is bad news. You *DO* need a lawyer.

NatashaW

And what do I ask the lawyer to do? What questions should I ask the lawyer (to be sure he/she knows what they are doing)?

fatbrit

Also, get your Senator involved.

Noorah101

Hi Natasha, Welcome to BE.

I've moved your post to the Marriage-Based Forum, where it will get the right attention.

When the officer at the embassy cannot see the case as "clearly approvable" for whatever reason, it is sent back to the USA / DHS for further review, for THEM to make that decision. Unfortunately, you are correct when you say your case will just be stuck in limbo for years. I've known a few people with cases such as yours, and so far none of them have gotten approved (and have been waiting literally years). It's almost like the embassy officer said "gosh, I don't know, I really can't tell from what I see whether this is an approvable case or not....here, YOU look at it", and then DHS/USCIS says "oh man, we don't have time for this, put it on the back burner for now, we have other cases to look at...." and there it sits.

You will most likely need an immigration attorney and also the help of any government representative you can get to take action and look into this.

Where is your fiance from? Do you think you guys have any OTHER issues beside the age factor? My husband is Iranian, and I'm 13 years older than he is, and it was never a problem for us (he came to the USA on a K-1 and just got approved for US citizenship last week). Since your age gap is a lot less, I'm wondering if it's something else the officer was concerned about, why she couldn't find it clearly approvable.

Best Wishes,
Rene

Noorah101

Ask if they have experience with a K-1 (or Immigrant Visa) which has been returned from the embassy to the USA, as it has with yours. Be very very specific with your case, and find a lawyer who has dealt with exactly this scenario before.

Rene

Folinskyinla

Hi:

My advice would be to seek a US lawyer with experience in both marriage visas and post denial consular work.

I will tell you from my experience that there is something going on which you do not realize. I'm not saying that you are stupid -- its just that you are unfamiliar with the system. At this point, based upon your posting I would have no idea what the problem is other than to comment that I doubt very much that a 3 1/2 year age difference will be the reason.

Good luck.

NatashaW

Thanks for your perspective. What do you guess could be the thing that's going on?

jeffreyhy

NW,

Find a US immigration lawyer who is a member of AILA and who practices (and preferably lives) in your country. Ask if they are familiar with the consular officers and in particular with the consular officer who you (or was it your fiance) dealt with.

Explain your situation to the lawyer, as you have done here, and answer the questions that the lawyer will ask you as they try to understand and get more detail about the situation. Ask the lawyer what you should do.

If you feel comfortable with the lawyer, and want legal assistance, have them prepare a written agreement explaining what they will do for you and what they will charge you for doing it. Then decide whether or not you will accept the agreement and hire the lawyer.

Regards, JEff

Noorah101

Natasha, I had assumed it was your fiance who was denied the visa. Was it you? Which one of you is the one coming to the USA?

Rene

meauxna

This article will give you some background to work from; it's a start anyway.

221g - Guide: Returning Petitions/Applications Under Section 221(g) of the INA

NatashaW

Yes, my fiance. I thought married is for marrieds. But I'm new here.

NatashaW

Thanks for the tip. My fiance actually found this a few days ago. I've been trying to process it and calm myself down at the same time. I'm so bummed. But I'm leaving now for my congressman's office with my many papers in hand. Thank you again.

Noorah101

If you don't mind me asking, where is he from? Where was the interview held, what country?

NatashaW

He's from Georgia and the interview was in Tbilisi.