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Immigration Law Question: K-1 FIANCE VISA AND 221(G): US EMBASSY ABU DHABI

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  • Immigration Law Question: K-1 FIANCE VISA AND 221(G): US EMBASSY ABU DHABI

    Hello All,
    I am new to this site and find it very informative. I hope that I can get some guidance with my particular case. I am a US Citizen and my fiance is an Afghan National residing in UAE. I am also Active Duty service member. My fiance had his interview on April 2010. At the time of his interview the name that the petition was approved under did not match the name on his Afghanistan Passport. It is normal practice to place on official documents the first name of the person followed by the father's name. It usually reads like this: so and so, son of so and so. I listed on the peition and the K-1 application his full name, which is his first name, middle name and last name. Only his last name was not his Afghan Passport, as this is normal and customary in Afghanistan. The CO issued a 221(g) and requested proof of additional documents that indicate his last name. We hired a lawyer and my fiance and his family found historical documents with the origin of his last name or family and affidavates that were notorized in US Embassy Kabul Afghanista and notarized affidavates that he and I also obtained. In these affidavates it explained the naming conventions of Afghanistan and the variant names for my fiance.Our lawyer submitted our response to the 221(g) in June 2011. In addition, based on the historical documents and evidence of his last name/family name, to the advice of lawyer my fiance was able to obtain new Afghan National Passport, UAE Employment Visa and Afghan National ID (taskira) in this full name, which is first name, middle name and last name. All these documents were submitted in the time frame they requested in June 2011.

    We were first put in Administrative Review, then they asked for more information regarding his education history/employment. We submitted that information promptly. Then they put in Administrative Processing since July 2011 until present time. My fiance made a few in-person inquiries and they told him that they don't need anything else from and for him to check the website for updates on this case. We had a Congressman make inquiries and they told Congressman the case is in administrative processing. Their response to our email inquiries has been very inconsistant. For example the they reply back with the case is in administrative process and to continue to check the website for updates. Then another inquiry is made and their response is we need the proof for the name change and if they don't get that then they cannot proceed. Yet, since July 2011 they have not issued another 221(g) or requested anymore documents from my fiance when he makes an in-person inquiry.

    What are your suggestions on how to proceed?

    We don't know what else to do. This is torture. Their mind games and inconsistancies is inhumane. We will soon approach the 1 year mark in April 2012 since his interview. What do you advise at this point?

    Your guidance is greatly appreciated.

  • #2
    Hello All,
    I am new to this site and find it very informative. I hope that I can get some guidance with my particular case. I am a US Citizen and my fiance is an Afghan National residing in UAE. I am also Active Duty service member. My fiance had his interview on April 2010. At the time of his interview the name that the petition was approved under did not match the name on his Afghanistan Passport. It is normal practice to place on official documents the first name of the person followed by the father's name. It usually reads like this: so and so, son of so and so. I listed on the peition and the K-1 application his full name, which is his first name, middle name and last name. Only his last name was not his Afghan Passport, as this is normal and customary in Afghanistan. The CO issued a 221(g) and requested proof of additional documents that indicate his last name. We hired a lawyer and my fiance and his family found historical documents with the origin of his last name or family and affidavates that were notorized in US Embassy Kabul Afghanista and notarized affidavates that he and I also obtained. In these affidavates it explained the naming conventions of Afghanistan and the variant names for my fiance.Our lawyer submitted our response to the 221(g) in June 2011. In addition, based on the historical documents and evidence of his last name/family name, to the advice of lawyer my fiance was able to obtain new Afghan National Passport, UAE Employment Visa and Afghan National ID (taskira) in this full name, which is first name, middle name and last name. All these documents were submitted in the time frame they requested in June 2011.

    We were first put in Administrative Review, then they asked for more information regarding his education history/employment. We submitted that information promptly. Then they put in Administrative Processing since July 2011 until present time. My fiance made a few in-person inquiries and they told him that they don't need anything else from and for him to check the website for updates on this case. We had a Congressman make inquiries and they told Congressman the case is in administrative processing. Their response to our email inquiries has been very inconsistant. For example the they reply back with the case is in administrative process and to continue to check the website for updates. Then another inquiry is made and their response is we need the proof for the name change and if they don't get that then they cannot proceed. Yet, since July 2011 they have not issued another 221(g) or requested anymore documents from my fiance when he makes an in-person inquiry.

    What are your suggestions on how to proceed?

    We don't know what else to do. This is torture. Their mind games and inconsistancies is inhumane. We will soon approach the 1 year mark in April 2012 since his interview. What do you advise at this point?

    Your guidance is greatly appreciated.

    Comment


    • #3
      Unfortunately there isn't a great deal you can do. Any petition originating out of the Middle East is subject to extra checks and is taking much longer than the average.

      You could try an FOIA but be prepared for roadblocks with that as well. The USCIS is a law unto themselves and as far as I'm concerned, the first thing any reform should tackle is forcing more transparency in the system.
      **************************************
      The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

      Comment


      • #4
        hello all,
        how many biometrics are subjected to a diversity visa lottery immigrant in processing a green card(how many times are finger prints and photos captured)?
        I did my biometrics once and want to travel and be out for 5mnths. My worry is being out of US and then am invited for another set of biometrics.

        Comment


        • #5
          The post has been deleted by the administrator for violating the discussion board rules.
          USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

          Comment



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