We're so F'n blue

[HongKong2LA]

221g...we're in AP.

 

We think the IO for some reason known only to him, doubts how we met. I talked to Marc Ellis and after laying out our case to him, he was a little surprised at the blue too. Extremely frustrating.

[dnoblett]

Give it some time, AP can be anything, lets hope it was a case where they had not completed their checks before interview and just needed a little more time.

[djwalker60]

Give it some time, AP can be anything, lets hope it was a case where they had not completed their checks before interview and just needed a little more time.

 

 

is 221g for Bona Fide Relationship ?? I always get confused on this.. Also makes me nervous about our interview .. 15 June -- Any words of wisdom?

 

Dan

Seattle

[tsap seui]

Damned sorry to hear this buddy. I take it there's no evidence asked for on the blue card, that's the same thing we got almost 3 years ago.

 

It could be anything. Lets hope it's like Dan said and they just needed to finish a check of sorts.

 

Again, I am so sorry to hear this....but I know you two will overcome it.

 

tsap seui

Edited May 25, 2010 by tsap seui (see edit history)

[Randy W]

 

is 221g for Bona Fide Relationship ?? I always get confused on this.. Also makes me nervous about our interview .. 15 June -- Any words of wisdom?

 

Dan

Seattle

 

Generic categories that GUZ tosses denied visas into

DOS - Section 221(g) of the Immigration and Nationality Act - Classes of Aliens Ineligible to Receive Visas

 

Section 5A of the INA - a visa denial from GUZ is often listed as "under Section 5A of the INA". Documents from GUZ have referred to Section 212( a )5( A ) as this Section 5a:

Visa Officer Marc Cook: 212(a)(5)(A) is a proper ground of refusal for IV applicants who are determined not to be eligible for the IV category under which they have applied. For example, it is used to refuse family-based IV applicants when it is determined that the requisite family relationship does not exist (e.g., a marriage to circumvent immigration law, or DNA tests establish lack of paternity/maternity). A 212(a)(5)(A) refusal is appropriate in these cases because, once the alien no longer falls within a family-based IV category, the alien is no longer exempt from the labor certification requirement that would otherwise normally apply to immigrant applicants.

from Immigration Webchat Transcript 12/17/2008

 

212( a )5( A ) reads

(5) LABOR CERTIFICATION AND QUALIFICATIONS FOR CERTAIN IMMIGRANTS.-

 

(A) LABOR CERTIFICATION.-

 

(i) IN GENERAL.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-

 

(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and

 

(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.

Their justification being that since the applicant was denied a family visa, the only other category available to the applicant is a labor visa. But the applicant, of course, is not eligible for a labor visa in the absence of an approved labor certification. A pretty cheesy "reason" for denial.

[HongKong2LA]

Damned sorry to hear this buddy. I take it there's no evidence asked for on the blue card, that's the same thing we got almost 3 years ago.

 

It could be anything. Lets hope it's like Dan said and they just needed to finish a check of sorts.

 

Again, I am so sorry to hear this....but I know you two will overcome it.

 

tsap seui

 

No, nothing asked for, just the generic, "applications can be suspeneded pending additional processing" blah blah blah....

[Rahm30]

Don't panic. We got that at first too, they were asking us for things they knew he couldn't get. We got what they asked for and told us that they were still reviewing the information.

 

I was so frustrated at that point. I called my state senator, his office asked what they were suppose to do. I told them I wanted them to get him over here. We were denied with the K1 and I was afraid we would be denied with the K3. That office wasn't going to help at first, but I was very demanding and told them I would track the senator down and ask him personally. A week later we had his approval. Not sure if thats what did it or what.

[mGolden]

It is frustrating to be in a position where someone else is guessing at your intentions and basically holding your future hostage. I feel for you two; My fiancee and I are in the waiting game of a blue paper. But for us it looks straightforward what they want. We hope. I can't believe they didn't even give you a reason. Well, let's hope that it is a simple thing they are double checking and you will have a positive answer back in a few days.

[chilton747]

Can you tell us the questions that were asked of your SO at the interview?

[tkgert]

Sorry to hear this, keep your hopes up and I wish you the best .

[Sam and Fen]

Sorry about the Blue. I hope it is what Dan says it is.

Hang in there.

[tsap seui]

Damned sorry to hear this buddy. I take it there's no evidence asked for on the blue card, that's the same thing we got almost 3 years ago.

 

It could be anything. Lets hope it's like Dan said and they just needed to finish a check of sorts.

 

Again, I am so sorry to hear this....but I know you two will overcome it.

 

tsap seui

 

No, nothing asked for, just the generic, "applications can be suspeneded pending additional processing" blah blah blah....

 

Jeff, there is simply no way to tell what they are doing. I went to ACH the day after our interview and the guy would tell me nothing except they needed some additional processing. He went into the computer and told me our case looked good, we had all the documents, and he thought that within a month or two we would get a letter from the consulate with their decision.

 

I wish I had words to soften this blow to your emotions. From experience I realize the enormity of the feelings of loss you feel right now. All I can say is start each day with hope for the best. Be a consistant strong positive beacon of support for your lady. Even when you feel dead and completely empty inside you must find it within yourself to show a positive attitude.

 

No matter what, just know and believe...one day we will all celebrate you and your woman's success. The damned government can delay your dreams, but they are powerless to break your will.

 

Best of luck, buddy

 

tsap seui

[Stepbrow]

Why don't you go back down to the consulate and ask the Immigration Visa Chief why you got the blue?

[HongKong2LA]

Damned sorry to hear this buddy. I take it there's no evidence asked for on the blue card, that's the same thing we got almost 3 years ago.

 

It could be anything. Lets hope it's like Dan said and they just needed to finish a check of sorts.

 

Again, I am so sorry to hear this....but I know you two will overcome it.

 

tsap seui

 

No, nothing asked for, just the generic, "applications can be suspeneded pending additional processing" blah blah blah....

 

Jeff, there is simply no way to tell what they are doing. I went to ACH the day after our interview and the guy would tell me nothing except they needed some additional processing. He went into the computer and told me our case looked good, we had all the documents, and he thought that within a month or two we would get a letter from the consulate with their decision.

 

I wish I had words to soften this blow to your emotions. From experience I realize the enormity of the feelings of loss you feel right now. All I can say is start each day with hope for the best. Be a consistant strong positive beacon of support for your lady. Even when you feel dead and completely empty inside you must find it within yourself to show a positive attitude.

 

No matter what, just know and believe...one day we will all celebrate you and your woman's success. The damned government can delay your dreams, but they are powerless to break your will.

 

Best of luck, buddy

 

tsap seui

 

Thanks for the kind words and good advice, tsap.

[HongKong2LA]

Can you tell us the questions that were asked of your SO at the interview?

 

The questions weren't any different than any of the other questions we're used to hearing about.

 

How did you meet?

How many times has your husband come to see you?

Do you have pictures?

He questioned my daughter how she felt about me?

 

He did say straight out that he didn't believe her explanation of how we met. Granted, the way we met was unexpected but still perfectly legit. The IO was a young guy, no offense to the young guys but we oldish guys know some young guys may have a greater tendency to excersize their authority if given the opportunity.

 

I've already sent a notarized letter addressing in minute detail the time of our meeting and pointed out to him to him all of the dates can be verified by the stamps in my passport, of which they have copies of every page. Pretty hard to fake all the passport stamps. Hope that will do it. Also asked my Senator to inquire into our case, don't know if it will help but it can't hurt. The next step will be to get Marc involved. We'll see soon how it plays out.