Us Fiancé Visa Refused, Need Help

[sirineou]

I am A US citizen

My Thai Fiancé, had her interview at the BKK embassy 2 weeks ago, at the interview she was told to come back next week with my tax return from 2007 and more evidence of relationship. ( we had pictures together, and with her family, receipts from hotel with both our names together, emails , telephone bills etc) . at the interview she was told that they could not issue her a visa, and gave her a letter that stated that under section 221(g) which prohibits the issuance of visa to anyone not comply with the provisions of the nationality act or regulations, with the following remark " Administrative Processing"

She was told verbally, that a new case will be opened and that some one will call her.

I try to call the BKK embassy to find out what is happening and why she was refused a visa? the but I was told that the visa dept. can only be reached via email, I send 2 E-mails and 1 week later, no answer.

We are at out wits end , we love each other very much and all we want to do is get together and marry, we are very upset, my fiancé cry every time we talk ( we talk every day via MSN web cam). And I am very depressed. I wish I could come to Thailand and go to the embassy my self but my job will nor allow me the time now, If anyone has any advise it would be greatly appreciated .I would be happy to answer any questions.

Thank you

[Thanyaburi Mac]

I am A US citizen

My Thai Fiancé, had her interview at the BKK embassy 2 weeks ago, at the interview she was told to come back next week with my tax return from 2007 and more evidence of relationship. ( we had pictures together, and with her family, receipts from hotel with both our names together, emails , telephone bills etc) . at the interview she was told that they could not issue her a visa, and gave her a letter that stated that under section 221(g) which prohibits the issuance of visa to anyone not comply with the provisions of the nationality act or regulations, with the following remark " Administrative Processing"

She was told verbally, that a new case will be opened and that some one will call her.

ank you

I've never run into that particular item before so did a Google for: 221(g) administrative processing

There's lots and lots of internet hits for that Google, here's just a few of them:

http://www.path2usa.com/immigration/relate...221grefusal.htm

http://familybasedimmigration.com/forum/fo...isplay.php?f=22

http://familybasedimmigration.com/forum/showthread.php?t=90

xxxxxxxxxxx

Doesn't resolve the problem with the Consulate but at least explains what may be happening.

Mac

[sirineou]

I am A US citizen

My Thai Fiancé, had her interview at the BKK embassy 2 weeks ago, at the interview she was told to come back next week with my tax return from 2007 and more evidence of relationship. ( we had pictures together, and with her family, receipts from hotel with both our names together, emails , telephone bills etc) . at the interview she was told that they could not issue her a visa, and gave her a letter that stated that under section 221(g) which prohibits the issuance of visa to anyone not comply with the provisions of the nationality act or regulations, with the following remark " Administrative Processing"

She was told verbally, that a new case will be opened and that some one will call her.

ank you

I've never run into that particular item before so did a Google for: 221(g) administrative processing

There's lots and lots of internet hits for that Google, here's just a few of them:

http://www.path2usa.com/immigration/relate...221grefusal.htm

http://familybasedimmigration.com/forum/fo...isplay.php?f=22

http://familybasedimmigration.com/forum/showthread.php?t=90

xxxxxxxxxxx

Doesn't resolve the problem with the Consulate but at least explains what may be happening.

Mac

Thank you Mac

[McLovin]

I am A US citizen

My Thai Fiancé, had her interview at the BKK embassy 2 weeks ago, at the interview she was told to come back next week with my tax return from 2007 and more evidence of relationship. ( we had pictures together, and with her family, receipts from hotel with both our names together, emails , telephone bills etc) . at the interview she was told that they could not issue her a visa, and gave her a letter that stated that under section 221(g) which prohibits the issuance of visa to anyone not comply with the provisions of the nationality act or regulations, with the following remark " Administrative Processing"

She was told verbally, that a new case will be opened and that some one will call her.

I try to call the BKK embassy to find out what is happening and why she was refused a visa? the but I was told that the visa dept. can only be reached via email, I send 2 E-mails and 1 week later, no answer.

We are at out wits end , we love each other very much and all we want to do is get together and marry, we are very upset, my fiancé cry every time we talk ( we talk every day via MSN web cam). And I am very depressed. I wish I could come to Thailand and go to the embassy my self but my job will nor allow me the time now, If anyone has any advise it would be greatly appreciated .I would be happy to answer any questions.

Thank you

Why dont you contact Integrity Legal, a sponsor of this forum. He is a US lawyer based in BKK who specializes in immigration matters. Good Luck

[sirineou]

I am A US citizen

My Thai Fiancé, had her interview at the BKK embassy 2 weeks ago, at the interview she was told to come back next week with my tax return from 2007 and more evidence of relationship. ( we had pictures together, and with her family, receipts from hotel with both our names together, emails , telephone bills etc) . at the interview she was told that they could not issue her a visa, and gave her a letter that stated that under section 221(g) which prohibits the issuance of visa to anyone not comply with the provisions of the nationality act or regulations, with the following remark " Administrative Processing"

She was told verbally, that a new case will be opened and that some one will call her.

ank you

Mac

I've never run into that particular item before so did a Google for: 221(g) administrative processing

There's lots and lots of internet hits for that Google, here's just a few of them:

http://www.path2usa.com/immigration/relate...221grefusal.htm

http://familybasedimmigration.com/forum/fo...isplay.php?f=22

http://familybasedimmigration.com/forum/showthread.php?t=90

xxxxxxxxxxx

Doesn't resolve the problem with the Consulate but at least explains what may be happening.

Mac

Thank you Mac

I visited the links you send me, some times the obvious eludes you , I am a great user of Google, yet it never occurred to me to google the replyfrom the embassy , I feel so stupid Haaaaaaaaaa.

The links were very helpful, if I understand correctly they did not deny the Visa , they are checking something out. I FEEL MUCH BETTER NOW, Thank you soooooo much

[j0hnga1t]

Sirineou, I'll be submitting the k-1 paperwork in 30 days. I'll be filing with Laguna Nigel, ca office. Where did you file and how long did it take before your paperwork was sent to the US Embassy in Thailand?

Thanks, Curtis

[MeetJohnDoe]

I think the op is a fishing troll and you guys are all biting Just my 2 baht.

If not, I am sure the embassy has a good reason for denying the visa...maybe there is stuff in your GF's past of which you are unawares (like most foreigners who marry Thai women) and which precludes her from entering the USA. Instead of hiring the immigration lawyer, I would hire a Thai PI firm to do a through background check on your girl and if that comes back clean, re-subit the application and more/better supporting documentation at a later date.

[sirineou]

Sirineou, I'll be submitting the k-1 paperwork in 30 days. I'll be filing with Laguna Nigel, ca office. Where did you file and how long did it take before your paperwork was sent to the US Embassy in Thailand?

Thanks, Curtis

,The time it takes depends on the number of applications they have at the time you apply, For me It took 6 months. Make sure that you send them everything they ask for and more, plenty of evidence of relationship, ( pictures together, receipts, emails ,) etc and write a nice cover letter.

Good luck

[sirineou]

Sirineou, I'll be submitting the k-1 paperwork in 30 days. I'll be filing with Laguna Nigel, ca office. Where did you file and how long did it take before your paperwork was sent to the US Embassy in Thailand?

Thanks, Curtis

,The time it takes depends on the number of applications they have at the time you apply, For me It took 6 months. Make sure that you send them everything they ask for and more, plenty of evidence of relationship, ( pictures together, receipts, emails ,) etc and write a nice cover letter.

Good luck

Ps: I filed in Florida and the application went to the Vermont office.

[sirineou]

I think the op is a fishing troll and you guys are all biting Just my 2 baht.

If not, I am sure the embassy has a good reason for denying the visa...maybe there is stuff in your GF's past of which you are unawares (like most foreigners who marry Thai women) and which precludes her from entering the USA. Instead of hiring the immigration lawyer, I would hire a Thai PI firm to do a through background check on your girl and if that comes back clean, re-subit the application and more/better supporting documentation at a later date.

"I think the op is a fishing troll and you guys are all biting Just my 2 baht." fishing troll? I don't understand, Please explain.

[thaihome]

I don’t think it is a troll, I suspect there are some issues with the supporting evidence he submitted with I-134, Affidavit of Support form. By the fact they ask for his 2007 tax return (which would be the last one he filed) it appears he did not comply with the requirements:

The sponsor must submit in duplicate evidence of income and resources, as appropriate:

A. Statement from an officer of the bank or other financial institutions where you have deposits, identifying the following details regarding your account:

1. Date account opened;

2. Total amount deposited for the past year;

3. Present balance.

B. Statement of your employer on business stationery, revealing:

1. Date and nature of employment;

2. Salary paid;

3. Whether the position is temporary or permanent.

C. If self-employed:

1. Copy of last income tax return filed; or

2. Report of commercial rating concern.

TH

[retiredusn]

I don’t think it is a troll, I suspect there are some issues with the supporting evidence he submitted with I-134, Affidavit of Support form. By the fact they ask for his 2007 tax return (which would be the last one he filed) it appears he did not comply with the requirements:

The sponsor must submit in duplicate evidence of income and resources, as appropriate:

A. Statement from an officer of the bank or other financial institutions where you have deposits, identifying the following details regarding your account:

1. Date account opened;

2. Total amount deposited for the past year;

3. Present balance.

B. Statement of your employer on business stationery, revealing:

1. Date and nature of employment;

2. Salary paid;

3. Whether the position is temporary or permanent.

C. If self-employed:

1. Copy of last income tax return filed; or

2. Report of commercial rating concern.

TH

His last tax filed would be for 2008 unless there is a tax problem or he has not filed for 08 yet.

[thaihome]

His last tax filed would be for 2008 unless there is a tax problem or he has not filed for 08 yet.

2008 tax returns are not due until 15 April 2009, so like most people, he probably has not done them yet. W-2's are not even required to be supplied until the end of January.

Do you actually know anything about US tax system?

TH

[wasabi]

If they mentioned your tax returns in particular and cited this 22g thing it seems very likely you failed to adequately prove you can financially support your Fiance by filing out the affidavit of support along with tax and employment information. This is the highest concern the US government has and you need to take it very seriously. Every document they ask for needs to be presented. If you are not good at accurately doing paperwork I would hire a lawyer because they don't accept if you simply, did your best.

Edited February 17, 2009 by wasabi

[ubonjoe]

His last tax filed would be for 2008 unless there is a tax problem or he has not filed for 08 yet.

2008 tax returns are not due until 15 April 2009, so like most people, he probably has not done them yet. W-2's are not even required to be supplied until the end of January.

Do you actually know anything about US tax system?

TH

retiredusn = retired US Navy

I think that answers the question.

[Hawaiian]

If they mentioned your tax returns in particular and cited this 22g thing it seems very likely you failed to adequately prove you can financially support your Fiance by filing out the affidavit of support along with tax and employment information. This is the highest concern the US government has and you need to take it very seriously. Every document they ask for needs to be presented. If you are not good at accurately doing paperwork I would hire a lawyer because they don't accept if you simply, did your best.

Your I-864 Affidavit of Support must meet the 125% poverty line standard in order to qualify if there are insufficient assets

to show ability to support your fiancee/spouse. This table is found online at USCIS Affidavit of Support.

I submitted an IRS approved request for extension to file which was accepted by USCIS. However, i did have to submit an

IRS transcript of my tax return after filing the return. If I recall right, the visa was approved without delay and before the

tax return was filed. My business financial statement may have helped also.

Hopefully, the issue at hand is something that can be resolved with little or no problem.

[sirineou]

I don't think it is a troll, I suspect there are some issues with the supporting evidence he submitted with I-134, Affidavit of Support form. By the fact they ask for his 2007 tax return (which would be the last one he filed) it appears he did not comply with the requirements:

The sponsor must submit in duplicate evidence of income and resources, as appropriate:

A. Statement from an officer of the bank or other financial institutions where you have deposits, identifying the following details regarding your account:

1. Date account opened;

2. Total amount deposited for the past year;

3. Present balance.

B. Statement of your employer on business stationery, revealing:

1. Date and nature of employment;

2. Salary paid;

3. Whether the position is temporary or permanent.

C. If self-employed:

1. Copy of last income tax return filed; or

2. Report of commercial rating concern.

TH

His last tax filed would be for 2008 unless there is a tax problem or he has not filed for 08 yet.

My Last tax return was 2007, and it showed insufficient income because i had a bussines that failed that yer and I took the loss, but I send them My bank account showing $38,000 in deposits that year, My W2 for 2008 ( just received have not filed for 2008 yet ) showing $33,000 since September 2008 to Dec 2008

I work as a Union carpenter with a full book in New York and make $ 50 per hour with full benefits, so i dont think economics was the problem.

Yesterday I called my Congressman and he is filing a congressional inquiry, he think he will have an answer by next week.

Thank you for all your interst

[sirineou]

His last tax filed would be for 2008 unless there is a tax problem or he has not filed for 08 yet.

2008 tax returns are not due until 15 April 2009, so like most people, he probably has not done them yet. W-2's are not even required to be supplied until the end of January.

Do you actually know anything about US tax system?

TH

You are right , I Have not filed my 2008 tax yet, but i did send them a copy of one of my W2 forms that i received just before the Embassy interview, It showed $32,000 for 5 months of work, so i doint think economics was the problem, i am Having My Congressman look in to it

[j0hnga1t]

Sirineou,

$32,500 on a W-2 for 2008?  Are you saying you only worked five months and made $32,500?  If that is all you made in 2008, I can see how that would be a problem.  I wouldn't think they care about earning potential (i.e. though you only made $32,500, that extrapolates to $78,000).  The fact remains that it's not very much money for a year.  With that info, they would think you don't have steady work and will have a problem supporting her...OR am I wrong in my interpretation of your posting?  

Good luck with talking with your Congressman.  I just spoke to mine (Nancy Pelosi).  I know the staff person.  I spoke to her (the staff person) about tourist visas and the fiance visa process, she was very negative and said it's up to them at the consulate.

[huggybear]

Laguna Nigel, ca office.

Thanks, Curtis

Hey that's my hometown !!!! (Laguna Beach, close enough anyway).

Whats up home skillet?

Cheers, HB

[Hawaiian]

Sirineou,

$32,500 on a W-2 for 2008?  Are you saying you only worked five months and made $32,500?  If that is all you made in 2008, I can see how that would be a problem.  I wouldn't think they care about earning potential (i.e. though you only made $32,500, that extrapolates to $78,000).  The fact remains that it's not very much money for a year.  With that info, they would think you don't have steady work and will have a problem supporting her...OR am I wrong in my interpretation of your posting?  

Good luck with talking with your Congressman.  I just spoke to mine (Nancy Pelosi).  I know the staff person.  I spoke to her (the staff person) about tourist visas and the fiance visa process, she was very negative and said it's up to them at the consulate.

Why is it a problem? $32,500 is far in excess of the amount of annual income required by USCIS. See my previous post. Unionized construction workers are often laid off after completion of a project and rehired for another project. They qualify

for unemployment benefits for 26 weeks or longer.

Residents of Hawaii are fortunate to have Daniel Inouye as one of our senators. His office staff have always been helpful.

We even have a county immigration office that provides immigration forms and information. They are not allowed to give

advice and that is understandable.

[sirineou]

Sirineou,

$32,500 on a W-2 for 2008? Are you saying you only worked five months and made $32,500? If that is all you made in 2008, I can see how that would be a problem. I wouldn't think they care about earning potential (i.e. though you only made $32,500, that extrapolates to $78,000). The fact remains that it's not very much money for a year. With that info, they would think you don't have steady work and will have a problem supporting her...OR am I wrong in my interpretation of your posting?

Good luck with talking with your Congressman. I just spoke to mine (Nancy Pelosi). I know the staff person. I spoke to her (the staff person) about tourist visas and the fiance visa process, she was very negative and said it's up to them at the consulate.

No My friend that is not all I made that year, but that as the only W2 form for 2008 I received so far, you are right I average about $80,000, I work as a Journeyman union Carpenter in New York city, that means that I go to a project and when that project is completed go to a different project for a different company. Any way I think $30,000 is more than adequate income for a family of 2, but you are not the one I have to convince I really appreciate all your interest, and I have received some good advise in this forum, so I don’t want to sound ungrateful.

thank you

[sirineou]

Sirineou,

$32,500 on a W-2 for 2008? Are you saying you only worked five months and made $32,500? If that is all you made in 2008, I can see how that would be a problem. I wouldn't think they care about earning potential (i.e. though you only made $32,500, that extrapolates to $78,000). The fact remains that it's not very much money for a year. With that info, they would think you don't have steady work and will have a problem supporting her...OR am I wrong in my interpretation of your posting?

Good luck with talking with your Congressman. I just spoke to mine (Nancy Pelosi). I know the staff person. I spoke to her (the staff person) about tourist visas and the fiance visa process, she was very negative and said it's up to them at the consulate.

Why is it a problem? $32,500 is far in excess of the amount of annual income required by USCIS. See my previous post. Unionized construction workers are often laid off after completion of a project and rehired for another project. They qualify

for unemployment benefits for 26 weeks or longer.

Residents of Hawaii are fortunate to have Daniel Inouye as one of our senators. His office staff have always been helpful.

We even have a county immigration office that provides immigration forms and information. They are not allowed to give

advice and that is understandable.

You are right my friend, I do go from project to project, I specialize in concrete for high-rise buildings, once we build the structure we move on to different Project often for a different company.

No I don’t think money was the issue with the Embassy, I was not there so I don’t know what happen, my fiancé gets very nervous and intimidated around "white mail authority figures" and I don’t know what she told them.

Mak gave me some very good advise with his goggle search on the subject.

I was thinking they denied her a visa, and I was very upset, but according to Mak’s search on goggle, they are looking in to the case some more, I wish they will tell me what the problem is and I would be very happy to provide them with answers to any questions they might have , but that is not the way the US government works.

My Congressman from John Mike , or should I say his office, is looking in to this ,and I am confident we will resolve it.

I really appreciate your interest in my case and all your good help

Thank You

[j0hnga1t]

Sirineou,

I wish you the best of luck and this forum (thought there are those that are cynical) provides great support and advice.  Be sure to post your success here because it will give me encouragement.

This is my first experience with the Embassy and USCIS and it's not good.  I called the 800 number on the back of the G-325a and there was no apparent option for getting help completing the form and I couldn't figure out how to just get a live person.  Luckily I know a retired INS Special Agent he is helping me with the I-194 and G-325a forms.  The problem I have is that I and my gf lived on an island in the south pacific during 2004/2005 (Saipan) which is where we met and there are no street addresses on the island...only P.O. Boxes.  With my friends help, I think I am now able complete the forms this weekend (still need to organize the proof of relationship stuff) and mail it off to my gf for her signature next week and file it by mid-March.