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Sort of approved, sort of denied, now what?

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  • Sort of approved, sort of denied, now what?

    Some complicated background.

    First time applying for my wife to come to America from China took 3 and a half years and at the end we were denied because I did not have my domicile in America at the end of our application because our child was born and I was helping raise my daughter.

    So after things were stable in China and my daughter was granted her American citizenship I alone returned back to America at the end of 2015, stabilized my situation here in Seattle and we reapplied for my wife's green card. It went much faster this time, applied January 2016, had interview at Guangzhou embassy in December 2016.

    The result however is complicated, and why I reach out to you all for advice.

    The embassy interview result was to give her a blue sheet saying we were found ineligible under 211(g) and a check mark indicating the case requires additional processing and that they needed additional documents from us. As per line 1 of that blue form we selected a document delivery address on the ustraveldocs website. Line 2 of that blue form says that we are to prepare the documents needed and submit them to a CITIC bank document collection site. Also this blue form says in big bold letters "do not submit your passport at this time"

    The second page was a yellow form stating that our application has been preliminarily approved pending submission of documents listed and is big bold letters "Please follow the below instructions and submit your passport(s)"

    The documents requested are: two most recent years of federal income tax returns. My wife told me the interviewer said my 2015 tax return was incomplete which is not possible because I efile and it was a simple one page 1040EZ and I sent them that with my W2's (which they took) and my 2014 and 2013 returns were accepted. So I am getting a tax transcript from the IRS to prove it. Obviously the interviewer made a mistake.

    Next and most confusing to us (except being told to not send passport and to send passport) is the affidavit of support form. In 2015 my income was not enough to meet the cutoff point for the poverty line, so my mother and step father offered to do an affidavit of support. I filled out the i864 and my mother and step father each filled in i864a forms. I guess this was wrong because they want my mother to fill out an i864 and my step father to fill out the i864a form. They joint file their taxes. Does this sound right?

    My 2016 tax return however will indicate more than enough to meet their requirements, can we remove the support from my mother and step father from our case and just go off my income?

    Then a couple days ago my wife received in the mail a letter stating "The Consulate is unable to issue you an immigrant visa because blah blah blah 221(g).....The Consulate will now return your case to the Citizenship and Immigration Services (CIS) for review and possible revocation. Please contact CIS for information on your application. Processing your case for return to CIS may take up to several months....."

    After realizing CIS was USCIS (how precise of them) we are at a loss on what to do now. We are told to send out documents to the CITIC bank which sends them to the Guangzhou embassy, and we are told this is out of the embassy's hands and is now with CIS. USCIS's webpage has no information regarding us past August of last year and calling USCIS resulted in being bounced around from automated line to automated line with no result.

    So....any clue?

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