Administrative Process After K1 Visa Interview

[MandyAlex 32]

My fiancée had her K1 interview in Guayaquil and was given a 221g document (white) at the end of the interview. I was present and was also interviewed with a few, general questions. In the letter she was told that temporarily the visa could not be approved, that the case will go through AP and the process could take several weeks. The letter also mentioned to wait at least 60 days before initiating any inquiries, that the consulate will contact her once the process is concluded.

What transpired at the interview was that they have incorrect information in their system on a previous tourist visa she has held, (she was told she had an "immigration file", not sure what they meant), allegating she overstayed the visit 6 months which isn't correct. The consul mentioned their records indicate she had an immigration issue at the entry US airport, (I guess meaning "problem"), which is also incorrect. This caught us totally by surprise since she have visited the US twice on the visa; 19 days the first time, 60 days the 2nd time. This was several years back and before we met. She never had an issue with immigration or law enforcement during entry or exiting the US, nor during her stays. We explained this to the consul but still were issued the 221g. To our understanding, this is what the administrative process is about.

So, my questions are; Do they return the case to the US for AP or is it done "in-house"? Any idea how long something like this should take to clear? Why the consul didn't look at the passport stamps to confirm entry and exit days on her tourist visa?

I'm disappointed that the visa was not initially approved, but at the same time confident it could be just a matter of time. I'm aware it could had been denied all together, for whatever reason. Her passport was returned to my fiancee, I guess she will have to return a second time for visa approval, correct? After AP, do they usually interview the beneficiary a second time or how is the visa adjudicated?

Edited September 6, 2016 by MandyAlex

[Suss&Camm 2,213]

Did they keep the passport? Well the standard answer is that most AP are reolved within 60 days. Of course this doesn't help you much since each case is different. Is it possible that her final departure wasn't registered correctly? It seems to me that they will just try to verify that she actually left the country when she said she did.

Oh, and the AP is done there. You will not get a 221g if it is going back to the US, nor will they keep the passport.

Edited September 6, 2016 by Suss&Camm

[Suss&Camm 2,213]

Sorry, just saw that she got her passport back... that's a bit confusing. Maybe a more senior member will have seen something similar before. For sure if the visa is to be issued they need the passport, so somehow she will have to get it back to them..

Edited September 6, 2016 by Suss&Camm

[MandyAlex 32]

Did they keep the passport? Well the standard answer is that most AP are reolved within 60 days. Of course this doesn't help you much since each case is different. Is it possible that her final departure wasn't registered correctly? It seems to me that they will just try to verify that she actually left the country when she said she did.

Oh, and the AP is done there. You will not get a 221g if it is going back to the US, nor will they keep the passport.

Thanks so much for your reply, appreciate it.

[KayDeeCee 4,891]

They gave the passport back because they are not issuing the visa yet. There is no standard time for AP and resolution in 60 days. No one can tell you how long it will take. It varies greatly. It can be weeks, months, or years. The consulate will never give you a timeline either.

It will depend on the consulate's procedures as to what happens when the case is ready for approval(if it will be approved). A new medical and interview could be asked for.

~ Moved from K-1 Process to Waivers and Administrative Processes - topic is about being in AP ~

[Suss&Camm 2,213]

They gave the passport back because they are not issuing the visa yet. There is no standard time for AP and resolution in 60 days. No one can tell you how long it will take. It varies greatly. It can be weeks, months, or years. The consulate will never give you a timeline either.

It will depend on the consulate's procedures as to what happens when the case is ready for approval(if it will be approved). A new medical and interview could be asked for.

~ Moved from K-1 Process to Waivers and Administrative Processes - topic is about being in AP ~

Clarifying that I was referring to the standard answer that is given by the visa unit when they receive the question. I highlighted that each case is different.

[Dave-Bhel 84]

They gave the passport back because they are not issuing the visa yet. There is no standard time for AP and resolution in 60 days. No one can tell you how long it will take. It varies greatly. It can be weeks, months, or years. The consulate will never give you a timeline either.

It will depend on the consulate's procedures as to what happens when the case is ready for approval(if it will be approved). A new medical and interview could be asked for.

~ Moved from K-1 Process to Waivers and Administrative Processes - topic is about being in AP ~

Bhel got her passport back also, our processing will resume once we get a police clearance out of spingapore. Until then we are in AP.