Interviewing for K-1 in London

[MARM 7]

We needed some advice regarding the following, if anyone knows anything about this...

My fiance is interviewing at the US Embassy in London for his K-1 visa. His Pakistani passport is currently with the UK Border Agency because he recently had to apply for an extension for his UK student visa (on which he has been in the UK for the past few years, which is why he is interviewing in London). In order to get back his passport in time for the interview, he will have to call the UK Border Agency and ask for his passport back, in which case his application to extend his UK student visa will be automatically withdrawn. He will apply in London for his K-1 and go to the interview WITHOUT an extension on his UK visa, but WITH his Pakistani passport (and a letter from the UK Border Agency explaining he withdrew his application for extension for his student visa). Will this mean that he cannot get interview for his K-1 visa in London? Because according to the UK Border Agency, he should be leaving ASAP after withdrawing his UK student visa extension application.

We are worried about whether he will still be eligible to interview and successfully receive his K-1 visa through the embassy in London after withdrawing his UK student visa extension application.

We have already emailed the US Embassy in London and the UK Border Agency regarding this issue, but were looking for any advice from people here on VJ as well. And, we have already postponed the interview date, so that option is not valid and is out of question.

Moderators: Please do not move thread from this subtopic, we would like to hear from people if there are any, who have been put on AP/AR because of this issue or have faced refusals because of a similar issue like the one we are facing.

Edited March 25, 2009 by MARM

[Bobby+Umit 161]

We needed some advice regarding the following, if anyone knows anything about this...

My fiance is interviewing at the US Embassy in London for his K-1 visa. His Pakistani passport is currently with the UK Border Agency because he recently had to apply for an extension for his UK student visa (on which he has been in the UK for the past few years, which is why he is interviewing in London). In order to get back his passport in time for the interview, he will have to call the UK Border Agency and ask for his passport back, in which case his application to extend his UK student visa will be automatically withdrawn. He will apply in London for his K-1 and go to the interview WITHOUT an extension on his UK visa, but WITH his Pakistani passport (and a letter from the UK Border Agency explaining he withdrew his application for extension for his student visa). Will this mean that he cannot get interview for his K-1 visa in London? Because according to the UK Border Agency, he should be leaving ASAP after withdrawing his UK student visa extension application.

We are worried about whether he will still be eligible to interview and successfully receive his K-1 visa through the embassy in London after withdrawing his UK student visa extension application.

We have already emailed the US Embassy in London and the UK Border Agency regarding this issue, but were looking for any advice from people here on VJ as well. And, we have already postponed the interview date, so that option is not valid and is out of question.

Moderators: Please do not move thread from this subtopic, we would like to hear from people if there are any, who have been put on AP/AR because of this issue or have faced refusals because of a similar issue like the one we are facing.

I believe you answered your own question.

If the border agency told him he has to leave, then legally, he has to leave. How much time did they give you if you withdraw the application?

Of course, ASAP is open to interpretation, did he get a "visitors visa" stamp like the US I-94? If he can stay in past your interview date, then he should have no issues.

The removal of his student visa should not affect the K-1 - however, as stated, if he has to leave prior to the interview, then it could present a problem.

[jula 0]

Some thoughts:

1.how long does it take to get that student visa extension? Maybe it will be done before the K1 interview...

2. attend interview without passport (does he have some other ID?) but with some proof that he applied for visa extension.. and see if he can get sticker visa once he has his passport back

Edited March 25, 2009 by jula

[MARM 7]

I believe you answered your own question.

If the border agency told him he has to leave, then legally, he has to leave. How much time did they give you if you withdraw the application?

Of course, ASAP is open to interpretation, did he get a "visitors visa" stamp like the US I-94? If he can stay in past your interview date, then he should have no issues.

The removal of his student visa should not affect the K-1 - however, as stated, if he has to leave prior to the interview, then it could present a problem.

We emailed the UK Border Agency asking how much time he has until he must leave the UK after withdrawing the application and we got a reply from an immigration officer that there is no time limit, just as soon as possible. Also it has been 2 weeks beyond the processing time since they have his application (as posted on their website for student visa extension processing).

[DairyFarmer 1]

Marm wouldn't it be simpler if when you get closer to the interview date you requested a delay to the interview explaining he is awaiting the return of his passport for the UK Border Agency.

That way you cover your bases?

[MARM 7]

Some thoughts:

1.how long does it take to get that student visa extension? Maybe it will be done before the K1 interview...

2. attend interview without passport (does he have some other ID?) but with some proof that he applied for visa extension.. and see if he can get sticker visa once he has his passport back

If he withdraws his application he will get a letter saying that he withdrew his student visa application (and it was in process beyond the processing time listed). So that is proof that his status is legal in the UK. But we are afraid if he gets stuck in AP he will have to wait longer. The biggest issue is that there is no surety that he will get his passport in time for getting the K-1 visa so we have to withdraw the application.

Edited March 25, 2009 by MARM

[MARM 7]

Marm wouldn't it be simpler if when you get closer to the interview date you requested a delay to the interview explaining he is awaiting the return of his passport for the UK Border Agency.

That way you cover your bases?

We already delayed the interview date once.

[DairyFarmer 1]

Ok so its only based on my experience and 4 others I know but the UK is usually spot on regarding processing. How far outside the timeline is his processing?

[MARM 7]

Ok so its only based on my experience and 4 others I know but the UK is usually spot on regarding processing. How far outside the timeline is his processing?

1 week outside processing time so far...but it takes 10 days to return the passport if he chooses to withdraw the application, which means that we will wait until April 10 (his interview is April 28) and then ask for it because he needs it for his medical also.

[emt103c 10]

When processing in a third country (i.e. England/Canada, etc) one is less likely to get put into lengthy AP. . .that is not to say it won't happen, it is just less likely. As for the passport, if his legal status in the UK is revoked, his ability to process his visa at the U.S. Embassy eventually would be as well, since this is a requirement for eligibility to process there. (Will they do anything about it now that you have started is a completely other question. . . )

The best bet is to get an approval of the extension and delay the visa interview one more time if you are fairly sure he's going to get the extension. . .

How long is the extension good for?

*My husband is Pakistani and he processed in Canada as a Canadian passport holder and his AP was seven months. . .

[MARM 7]

When processing in a third country (i.e. England/Canada, etc) one is less likely to get put into lengthy AP. . .that is not to say it won't happen, it is just less likely. As for the passport, if his legal status in the UK is revoked, his ability to process his visa at the U.S. Embassy eventually would be as well, since this is a requirement for eligibility to process there. (Will they do anything about it now that you have started is a completely other question. . . )

The best bet is to get an approval of the extension and delay the visa interview one more time if you are fairly sure he's going to get the extension. . .

How long is the extension good for?

*My husband is Pakistani and he processed in Canada as a Canadian passport holder and his AP was seven months. . .

The extension is good for one year, but there is no guarantee of when his passport will be returned with the approval of his student visa extension. And we have already delayed the interview (rescheduled it once).

[Marina-Del 10]

When processing in a third country (i.e. England/Canada, etc) one is less likely to get put into lengthy AP. . .that is not to say it won't happen, it is just less likely. As for the passport, if his legal status in the UK is revoked, his ability to process his visa at the U.S. Embassy eventually would be as well, since this is a requirement for eligibility to process there. (Will they do anything about it now that you have started is a completely other question. . . )

The best bet is to get an approval of the extension and delay the visa interview one more time if you are fairly sure he's going to get the extension. . .

How long is the extension good for?

I agree with the above statements that it sounds like your best bet would be to reschedule the interview at the US embassy and wait on his passport.

But as a sidenote, I'm not sure your above statement. My fiance filed through London and he is an Australian citizen. Not once, throughout our entire process did we show them that he was legally living in London. We could have proven this, but they never ever asked for it. That's not to say that it is not a requirement...but I think that each consulate does things differently.

Have you tried calling the US consualte in London and asking them if you can delay the interview again?

[MARM 7]

I agree with the above statements that it sounds like your best bet would be to reschedule the interview at the US embassy and wait on his passport.

But as a sidenote, I'm not sure your above statement. My fiance filed through London and he is an Australian citizen. Not once, throughout our entire process did we show them that he was legally living in London. We could have proven this, but they never ever asked for it. That's not to say that it is not a requirement...but I think that each consulate does things differently.

Have you tried calling the US consualte in London and asking them if you can delay the interview again?

We emailed the US Embassy in London asking them about our situation. They replied that it is irrelevant to them whether my fiance has a student visa or not at the time of his K-1 interview, but he must have the passport with him. So if they won't ask...we won't tell...it is irrelevant as they have clearly written.

[mansehra 0]

hii MARM

i hve the same case, and i m almost done now.

ask him to call me at 00447515314130, i can give him so info if u guys want.

dont withdraw your applicaton for extension coz if u r from pakistan then u will definitely go for

administrative processing and it wll take more then a month (minimum) to complete the AP.

they will do the AP after his interview.

in my case

interview for k1 visa --- 12 feb 2009

put on AP -

AP completed , get phone call from us embassy ---24 march 2009

it wll take 5-7 days to get the visa , thts what the guy who called me from emabassy told me.

and the good news is my student visa here in UK is gona expire on 31st of March....

and if they return the passport after 31st thn i may b in trouble, lets c wht will happend.

[MARM 7]

Mansehra, I sent you a PM.