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Another 221(g) case at Mumbai....

Another 221(g) case at Mumbai....

Old Aug 6th 2002, 9:59 pm
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Default Another 221(g) case at Mumbai. please help!!!

Hi all,

Since past few days I have been reading about the famous discussion on 221(g) Administrative Review at Mumbai consulate. And of course, the reason being my fiance got one on August 1st & August 5th. Some of you folks have gone thru the pain and seem to be very knowledgable regarding this issue and would like to get some expert advice.

Here is my case:

My fiance original interview date was on Aug 28th. My birthday happens to be on Aug 11th. So, she fax some letter to Mumbai consulate requesting to set an earlier interview date stating that she would like to be with her fiance on his birthday. Surprisingly enough, my fiance received letter stating that her interview is rescheduled for Aug 1st. We both were very excited.

She appeared for interview on Aug 1st, and after the interview she got 221(g) stamped on the passport and was told to come back with previous marriage pictures, telephone bills and my employment letter.
I send her the docs and on Aug 5th, she appreared again and after grueling inteview she got that letter with the 'Other' option checked and handwritten "Under administrative review". SHe does not have 221(g) option checked on the letter but again they stamped her passport with 221(g).

My questions are:
1. I have not contacted any Senator/Congressman yet. Should I contact Senator/Congressman now? If yes, what specifically I should ask for? I mean should I ask to speed up the process or ask for another interview date or ask why they have put my case under Administrative Review??? If anyone of you have some sample letter please send me one.

2. Will it make a difference if I go there personally? If I go there will they let me in or not? Do we need to have an interview date or we can just walkin?

Thanks for your time in reading my case and any help is greatly appreciated.

Last edited by teamplayer; Aug 6th 2002 at 10:04 pm.
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Old Aug 7th 2002, 5:21 am
  #2  
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It seems there is either something going on with security checks doing this OR Mumbai is really on a 221(g) roll.

i recently asked an professional what the differences were in the notations on the OF-194 (which is the form you were given).

{MY QUESTION QUOTE}
According to the FAM, "If an applicant is refused a visa under INA 221(g) resulting from post actions, posts should annotate the OF-194 to indicate that the case has been refused pending an investigation, an advisory opinion, or administrative processing, as appropriate."
There are three options, investigation opinion and processing. What are the differences?"

The answer was like this:
"investigation is just that.
advisory opinion is from Visa Office in Washington DC on a question of law. Most fraud findings are sent out for advisory opinion.
administrative processing -- most anything else.
The procedural notes ARE not binding law."

.................................................. ...................
Sorry to see someone else stuck in this game of "show me more" and wait till we call you. What a quagmire. There are no rules. Well, there are quidelines but none of this is binding....This is the link for reading the FAM but it is so riddled with should's and maybe's it is hardly worth the bytes it is written with.
http://www.foia.state.gov/fam/fams.a...=2&id=10&fam=0

Post 9/11 the temperment of the Embassy has stiffened, and some are saying that contacting Legislators may bristle the hair on the Embassies neck even more. i am only a spectator to Mumbai now, my fiance passed thru the 221(g) grindmill two weeks after 9/11 so things may have changed, but i believe you should contact your representatives.

You can find who they are at:
http://www.webslingerz.com/jhoffman/congress-email.html

As you may have options of who you will choose, you can view your Representative's stance on immigration at:
http://www.numbersusa.com/index

Here is a copy of Mumbai's response to another persons personal attempts at trying to get information regarding their administrative review.
..................

----- Original Message -----
From: "MUMBAI, FPM" <[email protected]>
To: XXXXXX

Dear Sir or Madam:

Mr. XXXXX's case has been kept for administrative processing, as you are aware. Unfortunately, we have not yet been able to resolve your case. I would draw your attention to an important limitation: Our office is beholden to the U.S. Congress for its yearly fiscal allocations. Due to the change in U.S. administration, as well as routine federal budget planning, our office operated on a skeleton budget for the first half of the year. In other words, we did not receive an operating budget for travel or supra-consular expenditures until the beginning of April - the seventh
month of the fiscal year. Naturally, the lack of such moneys has caused considerable delay in resolving many complicated visa cases, such as the one about which you are inquiring. We kindly request your patience.
Further inquiries by telephone and email will not help us clear the case sooner.

Regards.
.........................

From the fact that the letter is addressed to "Dear Sir/Madam, you may infer that the letter is a "form letter", sent to all personal inquiries regardless of how "complicated" they deem it.

Now your questions:

"My questions are:
1. I have not contacted any Senator/Congressman yet. Should I contact Senator/Congressman now? If yes, what specifically I should ask for? I mean should I ask to speed up the process or ask for another interview date or ask why they have put my case under Administrative Review??? If anyone of you have some sample letter please send me one."

>>The legislator you choose to contact can do nothing to infuence the Embassy decison but they can be a conduit for you to get information and to reset another appointment. It is up in the air as to whether this "speeds up" the process or not.

i have copies of my letters to my Congressman, but they do not suit your situation. i did post a letter on a previous thread that my Congressman wrote to Mumbai. You can search it, or let me know and i will repost it. But each circumstance requires a personal touch.

On my first contact with my liason, i included the cover letters we had included with our 129 application. Both my fiance and i had cover letters and i sent both to the liason, so that she felt familiar with our case. Many people do not have one in their application and that is fine, so if you do not have one you could compose one now. Although the letter was quite inclusive it did not ramble on in a mushy way over our relationship. First, there was an intoductory paragraph. Here you may tell a bit about yourself and your involvement in the community. If you have been a long time resident (read....voter) tell them that. Present yourself well.
Do not whine but approach them with a true desire to find out what is happening with you case. I' m looking at one of the letters i wrote my liason, and it is to the point, mind you, but not whiny.

2. Will it make a difference if I go there personally? If I go there will they let me in or not? Do we need to have an interview date or we can just walkin?

>>What does it say at the bottom of the OF-94? Is a date given? Was she verbally told when/ how to contact them again? You cannot just walk in to the consulate without an "appontment letter".
The Embassy rules are you must wait outside. This was posted on a prevous thread, search again. We have seen occasions that if the Embassy knows you are there, they come out to get you and pull you in for an interview. Otherwise you are on the street.

It is hard to write everything in one response here so it is good that you do the search and come back with other questions as they arise. Keep us informed at each step you do, as this adds to the current pool of information. i believe Michael and his fiance went to their interview today and we hope to hear from him soon.

Please write to Mr Theodore Andrews too.He is at the India desk with the DOS Bureau of South Asian Affairs http://www.state.gov/p/sa/

Mr.Andrews phone number is (one or both of these)
202-647-2140 202-647-1112

Also please tell us who her Consular Officer was for the interview. If she does not have the name give us the physical description.

Best wishes,
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Old Aug 7th 2002, 9:02 am
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Default Re: Another 221(g) case at Mumbai....

Hi

My fiancee also received the 221g on 07/16/02. You must have read my whole story "K1
visa not given...wierd reason...very sad"....You must have read that n e time, there
is some difference in the couple, which is out of ordinary for indian conditions,
they slap a 221g. She had another interview on 5th August and was eventually given a
visa. We were also asked to bring the previous marriage photos...but I dont think
they even looked at those. Who knows what they do and why they
do.

I flew to Mumbai to be with my fiancee during her second interview but they did not
let me in....So all I did there was to sit outside and wait for the outcome. However,
I was there outside in case my fiancee was not able to answer some of their questions
about me or doubted our relationship. It certainly would help ur fiancee in case u r
there and just in case if they want to know something from you, it would be helpful.

On my fiancee 221g ...they wrote Aug 5th appointment date. However, if they dont
mention the date and ask for any additional information, you can generally go there
whenever you have those things ready. About 'admin review'...i believe based on what
I have read on the newsgroup....they say that they would inform you when your case is
ready to proceed again....

I am a newbie as far as experience of 221g goes...Tara seems to have researched a lot
about this topic...you can do search on google with mumbai, tara, alpona and you
will have a lot of stuff to read and probably would get all the answers you will ever
need. Tara also gave a sample letter that she wrote to the senator/congressman in the
thread that i mentioned above.

There are conflicting opinions about involving the senators/congressman..I did not
involve them and thought that i will give one last shot and if it did not work out ,
then would think of doing that.Thankfully, in our case all went well in the second
interview. Just recently tara and someone had a nice discussion on this topic.

Good Luck to you

Michael




teamplayer <[email protected]> wrote in message
news:<[email protected]>...
    > Hi all,
    > Since past few days I have been reading about the famous discussion on
    > 221(g) Administrative Review at Mumbai consulate. And of course, the reason being
    > my fiance got one on August 1st & August 5th. Some of you folks have gone
    > thru the pain and seem to be very knowledgable regarding this issue and
    > would like to get some expert advice.
    > Here is my case:
    > My fiance original interview date was on Aug 28th. My birthday happens to be on Aug
    > 11th. So, she fax some letter to Mumbai consulate requesting to set an earlier
    > interview date stating that she would like to be with her fiance on his birthday.
    > Surprisingly enough, my fiance received letter stating that her interview is
    > rescheduled for Aug 1st. We both were very excited.
    > She appeared for interview on Aug 1st, and after the interview she got
    > 221(g) stamped on the passport and was told to come back with previous marriage
    > pictures, telephone bills and my employment letter. I send her the docs and
    > on Aug 5th, she appreared again and after grueling inteview she got that
    > letter with the 'Other' option checked and handwritten "Under administrative
    > review". SHe does not have 221(g) option checked on the letter but again
    > they stamped her passport with 221(g).
    > My questions are:
    > 1. I have not contacted any Senator/Congressman yet. Should I contact
    > Senator/Congressman now? If yes, what specifically I should ask for? I mean
    > should I ask to speed up the process or ask for another interview date or ask
    > why they have put my case under Administrative Review??? If anyone of you have
    > some sample letter please send me one.
    > 2. Will it make a difference if I go there personally? If I go there will they let
    > me in or not? Do we need to have an interview date or we can just walkin?
    > Thanks for your time in reading my case and any help is greatly appreciated.
    > --
 
Old Aug 7th 2002, 12:19 pm
  #4  
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Default Re: Re: Another 221(g) case at Mumbai....

Firstly, CONGRATULATIONS! Michael and fiance! Welcome to the rest of our life!

[QUOTE]Originally posted by Michael
[B]Hi
visa. We were also asked to bring the previous marriage photos...but I dont think they even looked at those. Who knows what they do and why they do.

I flew to Mumbai to be with my fiancee during her second interview but they did not et me in....So all I did there was to sit outside and wait for the outcome.

On my fiancee 221g ...they wrote Aug 5th appointment date. However, if they dont mention the date and ask for any additional information, you can generally go there
whenever you have those things ready.


Michael
.................................................
And the same happened to us with the "other" things that were listed on our 221(g) and he was asked to bring. They did not even take them from him. So we know they did not look at them.

i ialso ntended to be at the second interview, but as i mentioned, it was so shortly after 8/11 and the world was in such turmoil. i was booked on Swissair, and the day before my flight Swissair went bankrupt.

So Michael, a few questions....
Did you have to wait across the street? Or did they let you in the Raj Pavillion? This is one thing you can do teamplayer. If you like you can have your Legislator ask if you be allowed inside during the interview. i for one was a bit frightened to be standing outside an American Embassy for 8 hours in an unprotected situation for so long.

And really you think the rule now is to show up at anytime when you have gathered the trivia marked on the 221? This is what my fiance did. His was not marked with a date. He had to make about 3 trips till they let him in though. He was verbally directed to call them and reset a new appointment. HA...he wore his fingertips off trying to get thru to them. So he just kept going back. They eventually let him in. He used the OF-94 as his "appointment letter" Pointing out the statement at the bottom that reads~~
"
Please return to this office with the item(s) requested above, your
passport, and visa issuance fee ($65) at 7.45 AM Monday through Friday.
This application is valid for 12 months. If you do not present the
requested items within this period, you will be required to pay again the
appication fee ($260). Section 203 (e) of the immigration and Nationality
Act requires the cancellation of your application if you fail to take the
requested action within one year following a visa denial under section
221(g). Should you fail to return by the last working day of the current
month, you may expect a delay of two months or more in the processing of
your visa application."

So Teamplayer does your fiance's OF-94 have that printed on it?

Best wishes,
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Old Aug 7th 2002, 3:21 pm
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Thanks for the immediate responses. I will do more research and will see what is best for my situation. My fiance described the Consular Officer as lndian lady, black and skinny. She said she was very khadush and was asking all irrelevant questions like name of my ex-wife's parent, address of places where I was living 12 years ago. Basically, the Consular was trying to make her feel that she is unable to answer her questions.

I will try to find out more about what is printed on my finace OF-94 form. I will keep update of anything happens in our case.

Again, thanks for the advice.
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Old Aug 7th 2002, 3:59 pm
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Are you sure she did not get to speak to an American? Either time?
Mumbai has a prescreener, this is typically the Indian woman. And this is her "style" asking things that are hard for the fiance to know and then placing "questionable" marks in their file. They tired this on my fiance too. i seem to recall one fiance being asked what color the bathroom was in their US fiance's home. How would they have known that? i'm concerned that they try to delberately unnerve the applicant, rather than face the facts directly.

The prescreener does not have the authority to deny a case but they sure have the right to mark the case as questionable or "lacking" evidence". My husband went thru the Indian woman, then Mr. Kelly the first go round. But did not meet again with an American on the second and third interviews.

Let us know. You have seen that Mr. Udall, an attorney who donates his answers on this board, just got a 221(g) for one of his clients. It was out of New Delhi, however. i say however because he is thinking of making heads roll in his case. And oh how i would like to see heads roll in Mumbai also. It hardly fails these days when i see a post mentioning Mumbai that it is not regarding a 221(g).
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Old Aug 29th 2002, 8:02 pm
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Any news on your 221(g)/Administrative review teamplayer?
Go to this thread...
http://britishexpats.com/forum/showt...threadid=95430

Read about the survey and respond to it please.

Best wishes,
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Old Aug 29th 2002, 8:16 pm
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sample letter to the congressman.. This is how i have written to my congressman.

Dear congressman
Our case number is xxxx at chennai consulate in India.
I am xxxx, I have petitioned for K1 Fiancé visa for my fiancé yyyy. Petition has been approved at NSC. On July 25, 2002 my fiancé has applied for k1 visa at Chennai Consulate in India and has been given a 221g slip --under administrative processing. No additional documents have been asked for. We are not sure why we were put under administrative processing.
Please enquire with the consular officers at chennai to make a decision considering all facts and our relationship. I have known him since 1995. We have built our dreams to share our lives together.
I would be happy to provide you with more information on our case or background.
Thanks for all the help.
xxxxxx
home and office ph. number.
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Old Aug 29th 2002, 9:32 pm
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Originally posted by tara:
Any news on your 221(g)/Administrative review teamplayer?
Go to this thread...
http://britishexpats.com/forum/showt...threadid=95430

Read about the survey and respond to it please.

Best wishes,
-------------------
I have not heard anything from mumbai regarding my administrative review.

But I have decided to go India personally and will try my luck from there. I will be leaving here on Sept 15 and going to mumbai in next 1 or 2 days. If nothing happens as for my case atleast I got to meet my fiance after 6 months. I can't wait to go now.

Two weeks back I faxed a letter to mumbai requesting for another interview date during my visit to india. I have not got any reply back yet. I assumed I won't get any reply so today, I personally visited senator's office in chicago downtown and asked for help. I gave all the details in writing and also mentioned about my visit to india. The secretary told she will contact them via email and let me know in 3-4 days. So now I am waiting to hear back from them.

Tara, I will definetely fill out the survey and keep updating about my case. Shali, thanks for the letter.
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