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EandH0904

K1 Visa Expiring while in AP? Start Over?

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My fiance had his interview at the consulate on February 3. He was put in AP and given a 221-G white form. I will be in his country next week, and had written to the consulate to request that our case be reviewed by a senior official before it is returned to the US and stated the reasons why. I got this response (which I presume is a pre-scripted reply):

 

Thank you for your inquiry.  Your fiancé’s case is currently under administrative review for return to USCIS.  It often takes 60-90 days for cases to transfer from U.S. posts abroad to the National Visa Center and subsequently, USCIS.

 Please note that USCIS confers four months of validity to I-129F petitions after approval.  These K-1 cases are then sent to Post for scheduling and interview with a Consular Officer.  Following the interview, if it has been determined that your K-1 visa application should be returned to USCIS for review, the petition often expires prior to that review by USCIS.  The U.S. Consulate has no control over the petition expiring, and, in such cases, you may re-file an I-129F.  Since this I-129F filing has expired, it would need a new petition to be filed with USCIS for K-1 classification.

 Please see the following link and statement regarding Treatment of I-129F petitions where the Department of State (DOS) refuses to issue the K-1 visa and returns the expired petition to USCIS: http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas.

--------------------------------------------------------------

Our original application expires February 25th 2017. (They took awhile getting us an interview date). Am I right in understanding that on February 26, 2017 we have to start ALL OVER again from the beginning? New paperwork? Payment of fees again? Re-do the medical, the interview, everything? 

 

I see people in here posting about how they have been in AP for x amount of months and I don't recall anyone seeing talking about the K1 expiring through it's possible I just overlooked it. 

I know going there and marrying under CR1 is likely a better option than re-applying for another K1 - my trouble is work - I got a letter from my employer saying it's an undue burden to the company to let me leave longer than a week as I have a very specialized job - I'm one of only 4 people within my company of 300+ that does my job and it would be difficult to leave for longer than a week (I had to make a bunch of trades to get 10 days off). 

 

 

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If it's send back then it's pretty much a denial they will not touch it and will let it expire.

 

Before you send off new or spouse visa you need to find out the reason.


K-1 + K-2:                                                                                                                         AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/09/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       12/09/18.....ROC window opens

 

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Agred with above. Just marrying and filing for a CR-1 does not make whatever the issues were go away.

 

You need to find out why there was an issue with the K-1 and correct/address them, otherwise they may come right back up during the CR-1 interview process.

 

Also, with a place like Morocco, a lot of face time is usually desired by the embassy. If your work does not allow or can't afford to let you take time off much or for long periods of time, the embassy honestly I don't think even cares.... just my honest thought on how they view that stuff.

Edited by Ben&Zian

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gif   vd9wauve2wlsd9fuctxk.gif giphy.gif

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Your fiance has no specifics or paperwork from the actual interview? Just them asking for other documentation? Or specifying anything at all?

 

If not then FOIA is best route. Otherwise I suppose can go through your congressman/woman; but they may just get the same info as the FOIA.

Edited by Ben&Zian

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gif   vd9wauve2wlsd9fuctxk.gif giphy.gif

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OP, on your other post..... You were asked what the 221g said. What was marked on your other post regarding your situation.

You were also given good, sound advice of what to do by a few people, including people that have been in your situation at one time in CASA.

Why dont you find out what was marked on your white 221g paper? This way people on VJ can try to help you with more detail.

 

Edited by Inluv

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6 hours ago, EandH0904 said:

My fiance had his interview at the consulate on February 3. He was put in AP and given a 221-G white form. I will be in his country next week, and had written to the consulate to request that our case be reviewed by a senior official before it is returned to the US and stated the reasons why. I got this response (which I presume is a pre-scripted reply):

 

Thank you for your inquiry.  Your fiancé’s case is currently under administrative review for return to USCIS.  It often takes 60-90 days for cases to transfer from U.S. posts abroad to the National Visa Center and subsequently, USCIS.

 Please note that USCIS confers four months of validity to I-129F petitions after approval.  These K-1 cases are then sent to Post for scheduling and interview with a Consular Officer.  Following the interview, if it has been determined that your K-1 visa application should be returned to USCIS for review, the petition often expires prior to that review by USCIS.  The U.S. Consulate has no control over the petition expiring, and, in such cases, you may re-file an I-129F.  Since this I-129F filing has expired, it would need a new petition to be filed with USCIS for K-1 classification.

 Please see the following link and statement regarding Treatment of I-129F petitions where the Department of State (DOS) refuses to issue the K-1 visa and returns the expired petition to USCIS: http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas.

--------------------------------------------------------------

Our original application expires February 25th 2017. (They took awhile getting us an interview date). Am I right in understanding that on February 26, 2017 we have to start ALL OVER again from the beginning? New paperwork? Payment of fees again? Re-do the medical, the interview, everything? 

 

I see people in here posting about how they have been in AP for x amount of months and I don't recall anyone seeing talking about the K1 expiring through it's possible I just overlooked it. 

I know going there and marrying under CR1 is likely a better option than re-applying for another K1 - my trouble is work - I got a letter from my employer saying it's an undue burden to the company to let me leave longer than a week as I have a very specialized job - I'm one of only 4 people within my company of 300+ that does my job and it would be difficult to leave for longer than a week (I had to make a bunch of trades to get 10 days off). 

 

 

 

Why did you write to them to request a "review before it is returned to the US" ?
You did not even know that is was being returned which brings me to your other question, a case in AP can mean varies
checks, security as well as background checks, field investigations and document verification.
AP does not automatically equal a returned petition. Most MENA beneficiaries undergo security checks at the very least.
This can take weeks or months, I have seen a 5 months pattern for your country though it varies from case

to case of course. It can not be expedited, interrupted (pulled) for review or stopped.
You now have received the email that your case is " currently under administrative review for return to USCIS."
That sounds like it is being reviewed to determine if it is going to be returned.
Which means A. it will be returned or B. it will not be returned and undergo internal or external checks (AP) and then approved.
If returned it is over and you can marry and file a CR1 rather than another K1 because a CR1 will have a second
chance if returned, a K1 will be purposely expired by USCIS , K1's are no longer reviewed even though CO's are still
informing petitioners they will be reviewed. Returned K1's are the end no matter what the date on your petition is.

No review period.
You could try to get into the embassy (perhaps through the USC assistance side) and plead
your case with a lot of quality relationship evidence and request a second interview.
No guarantees that you will succeed or even get close to a CO.
Worth a try, long shot though. If not you start over, yes with all forms, fees, medical and interview.
Frontload your next petition with lots of relationship evidence and proof of another visit. You both have to convince the CO

that you are a bona fide couple.

 


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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16 minutes ago, EandH0904 said:

Nothing was marked on the paper 

IMG_7313.JPG

I think you have to be patient,  my fiance is going through the same line. He went for interview on the 9th/9/2016,  and he was told that they approved his visa and they took his passport. As I write he is still on AP, they send the same information about sending back the case but they didn't send it. They still kept his passport,  my senator write them, they said let's wait maximum 60 days for final decision. We're praying for God to help us.

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As others have said, he's in Administrative Processing. They have not yet determined whether to deny the visa yet.... thereby, it's not being returned yet. The standard "expiration " can and is extended by the consulate in these instances. Be patient. Enjoy your trip. 

 

As an aside, when marrying in Morocco, you need a lot of documents from here that take time to gather and have translated there.  With that being said, it's my understanding that you are taking a trip there relatively soon and you won't have time to gather everything.  So, again, be patient. If they deny and return the K-1, and you decide to marry, its best to take another trip, plan, and prepare as many documents beforehand (scan them, email them, have the translations started, etc) so as to help with how long the process there takes. 

 

I know now it's frustrating, we all do, but these are not processes that are fast and much patience is needed. Best of luck


01/28/2013 I-130 package sent

01/31/2013 Notice of Action Date After POE
02/01/2013 Received e-mail and text notification of acceptance
11/26/2013 Applied for SS#
02/04/2013 Received hard copy NOA1 (case not found in on-line system) 12/02/2013 ELIS site still states "accepted"
03/12/2013 Transferred to the local office 12/27/2013 received green card
04/10/2013 Case still not found in on-line system
04/15/2013 INFO-PASS appointment

05/01/2013 NOA2 sent petition approved

NVC Stage...of course it has to be complicatedreading.gifrolleyes.gif

05/09/2013 Case received by NVC

05/23/2013 Received case #'s from NVC

05/23/2013 DS-3032 sent from husband's e-mail

06/03/2013 First day I can not access payment portal

06/04/2013 AOS Fee invoiced and payment made

06/04/2013 DS-3032 resent with Supervisor Review

06/05/2013 DS-3032 acceptance e-mail

06/05/2013 AOS Fee shows "PAID"

06/06/2013 AOS package express mailed

06/07/2013 IV bill invoiced and payment made (still waiting on documents from Hubby)

06/08/2013 IV package express mailed

06/25/2013 IV reviewed - Checklist (2 errors, Birth document & date on DS-230)

06/26/2013 Requested supervisor review by e-mail & verbal request for birth document (fingers crossed)

06/27/2013 AOS accepted

06/28/2013 Checklist response sent for corrected DS-230 (I had my husband sign extra's just in-case)

08/02/2013 NVC requested a supervisor review on the checklist item over 20 business day window

08/05/2013 Case Complete!!! kicking.gif

08/27/2013 Interview Assigned

10/30/2013 Interview

11/04/2013 Pick up Passport

11/12/2013 POE @ JFK

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OP So yes you did not receive the actual 221g where they mark what is next for your case.

Again talk with your fiance and find out in details what was said so you can somehow figure out what is it that the CO did not believe was correct in your case to move along.....if/when you might have to file the spousal visa for your future.

Enjoy the upcoming visit with your SO.

 

 

 

 


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2 hours ago, Happytobe said:

As others have said, he's in Administrative Processing. They have not yet determined whether to deny the visa yet.... thereby, it's not being returned yet. The standard "expiration " can and is extended by the consulate in these instances. Be patient. Enjoy your trip. 

 

As an aside, when marrying in Morocco, you need a lot of documents from here that take time to gather and have translated there.  With that being said, it's my understanding that you are taking a trip there relatively soon and you won't have time to gather everything.  So, again, be patient. If they deny and return the K-1, and you decide to marry, its best to take another trip, plan, and prepare as many documents beforehand (scan them, email them, have the translations started, etc) so as to help with how long the process there takes. 

 

I know now it's frustrating, we all do, but these are not processes that are fast and much patience is needed. Best of luck

Yes, I forgot to mention this in my post to answer OP's question as to why cases in long AP checks do not expire.
The consulate has the authority to extend the petition and that is routinely done but they will not when they return a petition.
I hope this clears up OP's confusion on AP, extended petitions and returned petitions.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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2 minutes ago, Dutchster said:

But in OP's other thread she stated they have a seventeen year age-gap so my feelings are saying to Embassy might have had their question marks around the fiance's genuineness's so this might be one of the reasons there is a denial/long AP.

Some CO's let a petition "sit"  for a while if they aren't convinced the relationship is bona fide and think the relationship will not withstand
the long waiting times. This is not done often but with the discretionary authorities can be done.

Refusal based on an age gap of 17 years alone are not a valid reason but of course it can be worded with the blanket
refusal as "not bona fide." 

I do know many who have made it through and with more of an age gap.
I do believe OP is in standard security checks currently as are all MENA applicants and may be approved or may get
returned, especially if the CO chooses to not extend the petition after AP checks are completed because they were not convinced.





 


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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