RickW
Feb 2, 2009, 02:21 PM
I filed an I-129F Petition for Fiance(e) Visa early last year. Everything was going smoothly while it was the USCIS. The petition was approved and forwarded to the US Consulate of New Delhi. That's when the trouble started.
They took a very long time sending the Packet 3 notice to my fiancée, so she had to pick it up herself to get started on the forms and documentation. At her interview she was given 221g status without any regard for the proof of relationship already submitted. They asked for additional "proof" of engagement that was impossible to give, i.e. "List of 20 Guests that attended Engagement ceremony, Receipts of Banquet Hall", etc. It was only an informal engagement party. We only had a dozen people attend, and we made the food ourself. We submitted what we could along with a letter explaining our informal engagement.
We wait, and waited... I kept contacting the consulate, and they kept telling me it was under administrative review. Then at the end of the year they sent her a notice that the time expired (4 months) and the petition would be sent back to the USCIS with request for revocation, because the consular officer was not satisfied that we had a relationship.
FYI - I've already consulted 1 lawyer (who wasn't that familiar with how to deal with 221g issues, other than just starting over) and my senators/congressman.
I've read the USCIS, DOS, VSC, and New Delhi Consulate sites up and down. Its hard to dig through this stuff, but it seems like there are some loosely defined opportunities to do something about this upfront.
What I need to know is - is there any way to get the VSC to push the Petition back to the Consulate? I know that the Consulate is required to keep a copy of the Petition before they send it back. Is it possible to get the Consulate to extend another 4 months even though they've sent back to the Petition?
They took a very long time sending the Packet 3 notice to my fiancée, so she had to pick it up herself to get started on the forms and documentation. At her interview she was given 221g status without any regard for the proof of relationship already submitted. They asked for additional "proof" of engagement that was impossible to give, i.e. "List of 20 Guests that attended Engagement ceremony, Receipts of Banquet Hall", etc. It was only an informal engagement party. We only had a dozen people attend, and we made the food ourself. We submitted what we could along with a letter explaining our informal engagement.
We wait, and waited... I kept contacting the consulate, and they kept telling me it was under administrative review. Then at the end of the year they sent her a notice that the time expired (4 months) and the petition would be sent back to the USCIS with request for revocation, because the consular officer was not satisfied that we had a relationship.
FYI - I've already consulted 1 lawyer (who wasn't that familiar with how to deal with 221g issues, other than just starting over) and my senators/congressman.
I've read the USCIS, DOS, VSC, and New Delhi Consulate sites up and down. Its hard to dig through this stuff, but it seems like there are some loosely defined opportunities to do something about this upfront.
What I need to know is - is there any way to get the VSC to push the Petition back to the Consulate? I know that the Consulate is required to keep a copy of the Petition before they send it back. Is it possible to get the Consulate to extend another 4 months even though they've sent back to the Petition?