QUESTION
Are there any chances of being approved for K-1 after recieving 221(g)?
Asked on Jul 16th, 2019 on Immigration - Connecticut
More details to this question:
My fiancé had his interview and was given the 221(g) refusal on the basis of not providing legal status of joint sponser, lack of my tax returns, and proof of relationship, though he did not look through more than a few photos during the interview. We already lived together for a year and a half (not in the US), have gone back-and-forth to each other’s countries, and have been together for 5 years in total. He did not look through the evidence but still wrote proof needed on the 221(g). So we are wondering what are our chances if we resubmit the missing information? Does this happen often? Thank you!
1 ANSWER
Even after approving a petition, a consular officer may still discover new issues, such as the petition approval being obtained through fraud, misrepresentation, or other unlawful means; or that the beneficiary is not entitled to the status conferred by the petition; or a consular officer discovers that the degree certificate presented is forged or the applicant does not have the necessary experience claimed that is required for the petition approval. In these cases, the consular officer can refuse the visa under the 221(g) provision and return the case back to USCIS to reconsider their decision and possibly revoke the earlier approved petition. Of course, there are other cases of 221(g) denial where the documents are missing, and the visa will be issued once documents are presented.
Make sure you have an experienced immigration attorney on your side. You should not do this alone. Feel free to contact us and/or utilize the Find a Lawyer Function on this site to further explore attorney options. Good luck.
Answered on Aug 05th, 2019 at 7:39 AM
Information provided doesn't create an attorney/client privilege nor constitute an offer of services and is only general responses to hypotheticals