Administrative Processing for almost 2 years

[Dukhtarwatan 0]

Hi guys,

I started my K-1 journey back in August of 2012. Our case has been a very lengthy case...well over the predicated nine months. This is mine and my fiancé first engagement. I'm a U.S. Citizen and we have an eight year age difference. We got engaged in 2011. We have been together for over 4 years now and very much in love! Long story short my fiancé had his first interview in Kabul back in January of 2014. He was put on administrative processing and was called back for a second interview in February of 2015. It's been a very long journey so far and my fiancé and I have been very patient throughout this whole process but the long distance away from each other has been very difficult. During the second interview the consular said that he had no doubts that our relationship is genuine....so I'm guessing they are waiting for the security clearance to come in order to issue my fiancé his visa.

I just wanted to know does the K1 application expire? Do I have to stop the k1 and get married and start a new application through the cr1/ir1 route. My only concern is that we will be put on adminstrative processing again for security checks. We are so far into the K1 route that I'm hoping things will workout fine soon.

[TBoneTX 43,058]

*** Thread moved from K-1 Process forum to the Waivers/AP forum -- AP is the current status. ***

[baron555 934]

Hi guys,

I started my K-1 journey back in August of 2012. Our case has been a very lengthy case...well over the predicated nine months. This is mine and my fiancé first engagement. I'm a U.S. Citizen and we have an eight year age difference. We got engaged in 2011. We have been together for over 4 years now and very much in love! Long story short my fiancé had his first interview in Kabul back in January of 2014. He was put on administrative processing and was called back for a second interview in February of 2015. It's been a very long journey so far and my fiancé and I have been very patient throughout this whole process but the long distance away from each other has been very difficult. During the second interview the consular said that he had no doubts that our relationship is genuine....so I'm guessing they are waiting for the security clearance to come in order to issue my fiancé his visa.

I just wanted to know does the K1 application expire?

It doesn't once the Embassy has the case it remains open for as long as they need. They do it automatically.

Do I have to stop the k1 and get married and start a new application through the cr1/ir1 route. My only concern is that we will be put on adminstrative processing again for security checks. We are so far into the K1 route that I'm hoping things will workout fine soon.

Yep, you will redo everything. Keep waiting. Your country and it's place in current world events is what is taking so long.

[Amhara 460]

There isn't one security clearance check the DoS runs (at the embassy level). They start the security checks as soon as the interview starts, but there are a variety of reasons why an applicant is kept in AP - much of these reasons are not divulged.

Why did your fiance have a second interview? Did he need to bring more information or documentation? Did they instruct him to get MRP and/or a new medical done?

Would you guys marry in Afg or another country if you abandoned the K-1 petition?

Edited January 4, 2016 by Amhara

[Dukhtarwatan 0]

My fiancé recieved his visa for his SIV case. He was working for the embassy for over 8 years. When he recieved his visa for the SIV case they returned our K1 case back to NVC. However, the embassy cancelled his visa and they never gave us a clear explanation to why they cancelled his visa. With the help of the senator we got our K1 case back to the Kabul embassy and that's when they called him in for a second interview. He did a new medical exam and he said the interview was very quick. They asked very basic questions and he said that the consular never looked at the documents or proof of our relationship. He said that he believed our relationship is genuine and that they will let us know when the security checks are finished.

I'm not sure if we should wait it out or if we should get married and start the process over again. I feel like we are so far into this processes that we should wait and see what happens. I'm just so confused and don't know why it's taking so long.

I think I would have him flee to Germany since the situation in Kabul is not safe and get married there.

[Amhara 460]

The thing is, whatever security checks are holding him up now for either his SIV or K-1 will hold up a CR-1. Was his SIV refused? If so, then whatever reason why his SIV was refused could cause your K-1 case to be refused, too. Getting married may not overcome the reason why it's refused either. The negative thing is they don't need to tell you why his case was refused, they don't need to tell you if your other visa petitions will be rejected either. A spousal visa will at least give you appeal rights, but you can only get there IF they refuse and there is no guarantee that an appeal for a spousal case can reverse a refusal.

Since they haven't said no to the K-1 case yet, don't try to destroy what you have worked on yet. If he decides to leave, remember that a different embassy won't look at his case differently. They will see why the case has been through what it's been through and base their decision on that. Moving to Germany for him is not going to be easy nor cheap. It's a risky move. Would he be able to immigrate to India? If he does relocate, then you may want to prepare to immigrate to that country too, just in case.

And maybe he should not tell anyone in Afg about his visa progress. It could be that someone found out about his SIV being approved, then someone called the USEM to lie about his background, so they cancelled the visa. Even if they did it on bad information, this could still face problems for your other cases, but since the USEM took the K-1 visa back, there is hope. Them accepting it back is an unusual situation, but a positive sign!

[Jawaree 717]

Whatever the questions or hold up it will apply to any petition for him to enter the US

are you working with an atty...maybe a writ of Mandamus is now fitting

[Dukhtarwatan 0]

Thanks you guys for your responses and advices. I did hire an attorney when I started my k1 journey. When I talked to him about our situation he told me that the k1 application will most likely expire because it has been on administrative processing for so long and that I should go back and get married.

Would hiring a new attorney be any help? As far I know, nobody is able to do anything once the case is in administrative processing

I have looked into the writ of mandamus but I afraid of not getting the results we want.

I have been so depressed lately and I so desperately want things to work out fine but i feel so hopeless.

[Amhara 460]

Petitions don't expire. The USEM can renew it as many times as they wish to. If you go with spousal visa, you will need to wait through the US side of processing, which can take a year or so, and STILL wait on the embassy. The Kabul embassy is a hard thing to wait on, but you still won't clear AP by getting married.

I would highly suggest NOT hiring that attorney, and I would be too concerned about pursuing a writ too. In my opinion, an attorney may not be so much helpful for this situation. With the money you spend on an attorney, you may be able to go on a vacation to UAE or a city in India and look for a job there. Or at the least, look into what it would cost you to move and what your job prospects may be. Bring him along and try not to think about the visa process. Then, if nothing happens within six months of that trip, move to that third country, get married and then look into getting him permanent residency (if you maintain household ties to the US).

I have a friend who is in a similar situation as you. They have been waiting longer, but things are looking positive for them. They may be getting their visa soon! Don't focus on this visa process, but taking some positive action will help relieve the depression. When we were in AP, I didn't know if we should plan another trip or if it would be over soon. During the process, I researched about becoming an expat and where he could travel with me for us to marry. India is really Afghan friendly and the cost of living is great but UAE isn't so wife-sponsoring-husband-friendly. The wife can sponsor her husband when she's on a work visa only if she works in certain professions, such as teacher. But UAE is rather diverse with many Afghan nationals. Other options may be Singapore, New Zealand, Germany, another European country (I think England has a visa where you two can go there to marry - but aren't too lenient on their immigration policies).

If you go the Germany trans-Asia route, you may want to research moving there first, and possibly flying him over. I've heard smugglers are asking for nearly $10,000 to move someone from Afghanistan to Germany/Europe and it's dangerous. If you have that kind of cash, you two have a nice amount of cash to get by on in India. I've also read in articles, that European countries would send Afghans back since it's not an active war zone. If he gets into a new country without the proper authorization, that may hurt his chances of getting residency in US.

However, if you do all this thinking and planning, you just may find that his visa is approved! Even if it's not, you will have forged a path for you two to be together. It's always good to have a plan B. Just choose the right plan B

[Jawaree 717]

Just like ppl cant up & move to the US without work permits & visa to stay that applies to other countries

Getting marry & start over will put you right back in AP for the same reasons, filing a writ B4 would

give you some closure, then you can do a spousal petition by go getting marry after, by then you should

have some idea what is happening & return stateside to stay on top of things

[Amhara 460]

Just like ppl cant up & move to the US without work permits & visa to stay that applies to other countries

Getting residency in places like UAE, Germany and India are way less complicated than the US process. I never said it was fast, but it's a more plausible option. Within the right amount of time and money, it may be the only option. Getting a work permit in UAE is relatively easy, but the first step is securing employment there. Job searching is a difficult thing; I'm sure it's more difficult several continents away. Thankfully, sites like indeed.com allow you to send resumes to potential employers. (Beware of scammers.)

Unfortunately, when a loved one is in the instability of Afg, it can be unbearably frustrating how slow things move. Each new article about a new attack brings that gloom. Each new earthquake just rattles your hope a little more. I know that I wouldn't have been able to wait as long as this wait has been; I would have had to do something. Our AP was short for several weeks, not knowing when his passport would be returned and things were changing for my husband's family to the point where they weren't sure where they were going to live. I can't imagine how this situation must feel like - having a visa issued, then revoked. Not sure if your waiting time will pay off, not sure if the USEM is going off false information or if you did something wrong. Trying to start your day normally, but feeling like your power is lost. Should you wait longer? What else can help? This is why I suggest she form a plan B. No one can do anything to move the application further, but you can control your attitude and outlook. Focus your attention on something you can control.

Btw, the USEM follows the Foreign Affairs Manual:

https://fam.state.gov/default.aspx#

They kinda changed it, so it's harder to research through, I think. But here is where they say that the USEM can extend the k-1 petition:

https://fam.state.gov/searchapps/viewer?format=html&query=fiance&links=FIANC&url=/FAM/09FAM/09FAM050207.html#M502_7_5_B

9 FAM 502.7-5(B)(b)(1)(b)

Validity of a K-1 Petition: An approved K-1 visa petition is valid for a period of four months from the date of USCIS action and may be revalidated by you any number of times for additional periods of four months from the date of revalidation, provided the officer concludes that the petitioner and the beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary's admission into the United States. However, the longer the period of time since the filing of the petition, the more you must be concerned about the intentions of the couple, particularly the intentions of the petitioner in the United States. If the officer is not convinced that the U.S. citizen petitioner continues to intend to marry the beneficiary, including instances where no action has been taken on the application for a year (while refused under INA 221(g)), the petition should be returned to the approving office of USICS with an explanatory memorandum.