Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.
Ok, well there is something that they found that they did not like. It does not mean that everything is lost. Here is what generally happens after the Embassy or Consulate
makes a 221(g) finding:
The Petition is returned to the U.S. for further review.
When the petition is received by the NVC, it is reviewed and entered into the fraud database by fraud management.
It is then sent to the local USCIS service center where the petition was originally filed and approved.
Then the Local service center receives returned petition and sends a notice of receipt to your spouse.
The Local service center then reviews the returned petition and any consular officer notes on the case.
If the Local service center agrees , then they send either a NOID (Notice of Intent to Deny) or NOIR (Notice of Intent to Revoke) to your spouse also asking for more proof of the relationship, many cases have specific consular objections to rebut.
She is given 30-60 days from date of NOIR/NOID to respond with additional evidence of the relationship or other specific evidence depending on what the original findings were. The timeframe to respond will be provided in the letter that they send her.
If you send back the requested evidence in the timeframe given (30-60 days) the case is reviewed and either original approval is reaffirmed or the petition is officially denied.
If the petition is denied the local service center sends her an 'official' denial letter. This can be officially appealed if the denial letter states such.
If the petition is reaffirmed the local service center sends her an official notice of reaffirmation.
Local service center sends the reaffirmed petition AND its evidence provided in the rebuttal directly to the consulate along with a recommendation to issue a visa.
Consulate notifies you of a new interview date.
You have an interview for the reaffirmed petition and the visa is usually issued.
Now the things that you should do at this point is send your spouse a copy of the 221(g) that was issued, then hire an attorney to help you through the above process. You can go to www.ailalawyer.com
first to find one.
Another tactic would be to have your spouse immediately contact the consulate or embassy over the phone and ask that the senior consular officer review the file before it is sent back overseas. Obviously this has to be done quickly. If she can't get through by phone, try email.
Also, she can contact your congressman/senator, get them involved immediately. Here is a link to help her do that: http://www.usa.gov/Contact/Elected.shtml
So as you see, you have some options. Not all is lost. It will probably just take 6 months or more, unfortunately.
Please let me know if you have additional questions and please do not forget to rate my service to you positively (not the state of the often unjust laws which I have no control over) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you feel I have earned one, bonuses are always appreciated. To request me in the future, make sure you type: FOR GUILLERMO on the subject line. Thank you!