K-1 Administrative Processing - Experts Plz Advise

[Super Uber 27]

Hey Everyone,

 

I have several questions about my case, and I'd like some expert opinions on it, and maybe if someone faced a similar situation .. please tell your story.

Firstly, here are some facts about my case:

-During interview, I was completely relaxed, confident and truthful about everything at all times.

-Interview was fairly short - around 15~20minutes.

-There's an age difference - U.S fiancee is an older female - CO said "it's not a norm", I told him it didn't matter to us.

-I was also called a liar at one point, when I answered the absolute truth about and it was a completely irrelevant point (a b2 visa I applied for during the time I knew my fiance but wasn't visiting her, although I wanted to, CO asked "Did you plan to?", I answered "I wanted to, but there was no planning", He said "I think you're lying to me", I calmly and confidently answered "No, I'm not lying" and I explained how my friend's invitation pre-dated meeting my fiance - He got hostile in questioning and attempted to verify if I truly knew the people I was visiting - I was calm still and my answers matched 100%) - interview resumed.

-CO asked general questions, nothing too specific or too deep so I didn't get grilled.

-CO NEVER looked at any of evidence - carried a lot of weight for nothing.

-At the end of the interview, it looked like he was confused whether to approve or deny (CO paused looking at a white paper before he marked "Administrative Processing" and requested "Individual Registry" to prove that I'm not currently married) - I'm 100% sure that the paper work was extremely solid and my answers were confident.

-I was not approved or denied .. not verbally - just gave me back my passport and said we'll call you when we need it.

-I was given back the passport and a white paper with AP marked - the paper didn't have any "221g" written on it or any relevant information to specify if I was denied or approved.

-My feeling was that I was being setup to fail, probably a common thing as well as that there was no transparency.

 

Secondly, my questions are:

-Why didn't the CO look at any evidence? and What is this a sign of?

-Is it normal that he gave me back the passport? Or is it a sign of a long AP or denial?

-Why do you guys think I was put on AP? Although I'm from Egypt, a lot of people were approved on the spot with a much less solid case and were never on AP.

-Most AP is resolved within 60 days, and It has been more than that without any status update - other than when we inquire. Is it possible to file a "Writ of Mandamus?" or a lawsuit to force their hands to make a final decision? and Will this affect my case in any negative way?

-If It's not "Writ of Mandamus?" or a lawsuit then what?

-Will threatening to file a lawsuit against them have the desired effect? I would basically send unofficial copies first as a warning to sue.

NOTE 1: We have a good reason to be hasty with this; Due to age difference we are trying to have our own children and with every day passing our chances grow slim.

NOTE 2: We only seek closure for the case - I don't care about approval or denial only the timing.

NOTE 3: Please, If you filed any lawsuit before on a similar case or situation - provide explicit details whenever possible and provide a sample copy of the documents (redact personal info, of course)

 

If anyone could direct us through this, it'd be greatly appreciated!

Thank you.

[Hopeforbest 9]

What ir ur age and ur fiancée age .

 u cant file law suit.

Given passport back is not good sign.

[EandH0904 1,184]

How long have you been in AP? Yo some people 10 days might seem long, others, 6 months. 

[soulstriker 274]

how would u know if other cases werent as solid as yours? them giving back your passport isnt good , and claiming one of your factors of rushing to get kids is sketchy in my opinion

[Super Uber 27]

2 hours ago, soulstriker said:

how would u know if other cases werent as solid as yours? them giving back your passport isnt good , and claiming one of your factors of rushing to get kids is sketchy in my opinion

I know some people who I've helped and I also made my research on this forum and other places.

I didn't state this fact as part of my case, it is however true and I was giving reasons only here on forum for why being on AP for this long, compared to others, is a lot for our case.

 

2 hours ago, EandH0904 said:

How long have you been in AP? Yo some people 10 days might seem long, others, 6 months. 

More than 2 months but considering our circumstances .. it is very long to put our life on a limbo for that long.

 

2 hours ago, Hopeforbest said:

What ir ur age and ur fiancée age .

 u cant file law suit.

Given passport back is not good sign.

Around about 20 years.

Are you sure about the lawsuit?

 

What about the passport? some people on the forum here say passport was later requested and they got approved.

Anyone else thinks different?

[EandH0904 1,184]

Two months isn't that long. If it had been 6 months or more I'd be more sympathetic. 

 

Your fiance can inquire on the US side to her government official but since it hasn't been very long I doubt that they will do anything. 

 

Whats your basis for a lawsuit? They haven't done anything wrong. You are going through the same process many others do. Just because you don't like waiting doesn't mean threatening them is going to speed it up. 

[Transborderwife 4,666]

A lawsuit for what?

[LionessDeon 2,060]

2 months AP is not long at all. I've heard of 2 years waiting in AP....now that's long.

Did you frontload the petition?  How much facetime have you had?  You don't care if your approved or denied just want closure?  That seems strange.

You have no basis to file a lawsuit and the embassy is well within right to complete futher review of your case.  Any lawyer who tells you otherwise is taking you for your money.

[Super Uber 27]

1 hour ago, LionessDeon said:

2 months AP is not long at all. I've heard of 2 years waiting in AP....now that's long.

Did you frontload the petition?  How much facetime have you had?  You don't care if your approved or denied just want closure?  That seems strange.

You have no basis to file a lawsuit and the embassy is well within right to complete futher review of your case.  Any lawyer who tells you otherwise is taking you for your money.

Strange? lol .. Being on AP and knowing about the horror stories that others faced and suffered because of this suffices to put us in a state of distress where we just want closure on the case no matter the outcome ASAP.

Now we're kind of stuck in a limbo, fiancee cannot move to Egypt without leaving work in which case we would forfeit the case as she is the sponsor and also which in turn can be a waste of all the expenses paid for the case, in case I was approved later in time. (it would undo the case)

And since I cannot go there, well .. you should understand by now.

[LionessDeon 2,060]

Oh believe me, I completely understand.  Not many know in limbo better than me.  Check out my timeline.  But if all you want is closure, you can withdraw the K1 and your fiance could move to your country.  Closure obtained.  So that is why I thought it strange....I'm assuming you and your fiance are hoping for a successful visa issue outcome, not just closure.  Therefore, all you can do is wait for a decision. Down the line maybe a congressman could help.

 

It is very difficult.  Try your best to be patient and positive.  Unfortunately, You may be playing the waiting game for awhile.  

[Unlockable 7,306]

Two months in AP and want to file a lawsuit?

 

If you search any government immigration website you will find that there is absolutely NO guarantee that you will recieve a visa in a specific amount of time. A lawsuit will hold no weight.

 

 

[LionessDeon 2,060]

Here's a thread you can follow of those in the same situation as you.

[agripa 100]

10 hours ago, ahmedz said:

-Why didn't the CO look at any evidence? and What is this a sign of?

They are not obligated to look at any new evidence that you bring to the embassy. This is not a sign of anything. If you look at interview stories all over VisaJourney, 90% of the time the CO doesn't look at any evidence which you bring (even though they often ask for it). This is why people on VisaJourney highly highly recommend front-loading your petition with as much information as possible before hand. It appears that the CO often makes up their mind prior to the interview itself.

 

10 hours ago, ahmedz said:

-Is it normal that he gave me back the passport? Or is it a sign of a long AP or denial?

Again, it's hard to read too much into this. On the surface it appears this is done because the CO expects that the AP process will take some time and wants to make sure you have your passport if you need to travel. On the other hand, there are numerous cases where the passport was returned but the AP was short.

 

10 hours ago, ahmedz said:

-Most AP is resolved within 60 days, and It has been more than that without any status update - other than when we inquire. Is it possible to file a "Writ of Mandamus?" or a lawsuit to force their hands to make a final decision? and Will this affect my case in any negative way?

-If It's not "Writ of Mandamus?" or a lawsuit then what?

-Will threatening to file a lawsuit against them have the desired effect? I would basically send unofficial copies first as a warning to sue.

You cannot sue (or it is very very very difficult). Visa decision made by consular officers are protected by a principle called consular nonreviewability. Basically, since you're not a US citizen and you're in Egypt (hence not subject to the protection of US laws) you have no standing to sue. More over, bringing over your spouse or fiance to the United States is a privilege not a RIGHT, so you're fiance cannot do anything either.

 

Bottom line - it sounds like from your story you have certain red flags - age gap (with the woman being older) and a previously (denied??) tourist visa you applied for. As you'll often see here on VisaJourney administrative processing takes as long as it's going to take. The only concrete steps you can take are -- (1) have your fiance in the US contact her local congressperson/senator and have them send an inquiry to the consulate. Note they cannot change the outcome, but they may at least be able to get you some more information; (2) have your fiance move to Egypt if possible, spend some time together, get married, and then try for a CR1/IR1 visa. There's really not much else you can do, but wait and keep emailing the embassy for more information.

[Super Uber 27]

I may have forgot to mention that the CO looked like he had a hangover or was already drunk, I know how it sounds, but I've seen him close his eye several times like he was affected by the little blue light that lit the interview booth, besides his chicken scratch writing that almost mis-spelled my name and case number on the white paper he handed me, along his obvious heavy tongue.

 

Thanks a lot everyone.

[agripa 100]

Just now, ahmedz said:

I may have forgot to mention that the CO looked like he had a hangover or was already drunk, I know how it sounds, but I've seen him close his eye several times like he was affected by the little blue light that lit the interview booth, besides his chicken scratch writing that almost mis-spelled my name and case number on the white paper he handed me, along his obvious heavy tongue.

This information is totally irrelevant. Look, I understand that s/he may have acted inappropriate and you need to vent. But this isn't going to help improve your situation at all. Your fiance needs to reach out to her congressmen/senator as soon as possible to get more information. You should try and contact the embassy to see if they provide any information. If none of that appears to be working, you need to have your fiance come to Egypt, get married, and start on the IR1/CR1 spousal visa. Either that or wait it out.