Starting Over from another Country

[1orraine 0]

In July of 2008 I filed a K1 petition for my fiance. We have been waiting in AP for almost 4 years (Islamabad Embassy) and really are feeling like there is no end in site. We are very tired of waiting and can't stand doing nothing. He plans to go to school in Europe so we can see each other more oftenly and in a safer more free environment. I was wondering if I married him in Europe; we of course would have to start over with a new petition for him as my husband, but how does it work when we reapply? Since he is living in Europe would our case go there for the interview etc.? Would it still go to Islamabad because he is a Paki citizen? Do we mention the 4 years we have already been waiting or will the cases somehow be linked together? It's obvious that the case officer doesn't like something about us so will that follow us or will our case be made stronger by getting married? It is a very scary thing to "start over" after such a long time. But after so many years thinking "maybe they will call tomorrow or next month" we are giving up on the call ever coming and want to do something to move forward and be together. I never imagined we would both have to leave our homes to be together. I would appreciate any information if available on how it works when you reapply form another country. Thanks.

[Anh map 2,098]

What advice does your immigration attorney have for you two?

[belinda63 3,052]

Have you contacted your representative (like about three years ago?) You will have to cancel the K-1 and start from scratch, this includes any AP. It doesn't matter where he is living when you file or where he interviews he will have AP based upon the country he is a native/lived in for a number of years.

Much better solution would be to get your representative working on this for you and finding out what the heck is going on with your case. Four years is WAY too long to wait.

[carolynhotstuff 252]

I'm pretty sure he would interview at the embassy in Europe where he is going to school. My friend filed a K1 for a Paki going to school in England and that's where his interview is.

There has got to be other options besides getting married and dropping the K1. Putting pressure on your congressman's office to inquire about your case on a regular basis, writing a strong letter to the Ambassador of the embassy or filing a Writ of Mandamus. I would consult an immigration attorney before dropping the K1.

I'm so sorry you have been put through this by the embassy. It's not right what they have done to you. We spent 15 months in AP and thought we would lose our minds it's hard to imagine what you're going through.

[1orraine 0]

Have you contacted your representative (like about three years ago?) You will have to cancel the K-1 and start from scratch, this includes any AP. It doesn't matter where he is living when you file or where he interviews he will have AP based upon the country he is a native/lived in for a number of years.

Much better solution would be to get your representative working on this for you and finding out what the heck is going on with your case. Four years is WAY too long to wait.

My Congressmans office sent letters to the Embassy and State Department for 2.5 years and then called me and said it isn't going anywhere maybe you should get married or something. My Senator recieved the standard they are in AP an intrical and necessary part..blah blah blah. And has yet to respond to my last plea for assistance in April. I emailed Senator number 2 today.

[1orraine 0]

What advice does your immigration attorney have for you two?

We do not have an attorney. I never imagined we would need one and have read very mixed reviews about their ability to help.

[carolynhotstuff 252]

My lawyer filed our original I-130 petition almost 3 years ago and also did all our paperwork for NVC. She kept track of our case and when we were in AP she sent many emails to the embassy and legal.net to inquire about the status of our case. I couldn't afford to hire her when I did my Writ of Mandamus I ended up filing that by myself. I was scared to death to take on the embassy but I felt 15 months in AP was long enough for background checks and I was right. They never had any intention of giving us the visa. In the NOIR they said our marriage wasn't bona fide and they suspected fraud at the first interview. So they did a second interview and a field investigation and still kept us in AP for months. One month after I filed the Writ of Mandamus they took us out of AP and sent our case back to USCIS.

When the embassy denied our visa the USCIS sent the NOIR to the lawyer and she contacted me right away as they only gave us 30 days to appeal. I hired her and she guided me on what to gather for the appeal and I don't believe we could have gotten reaffirmed without her.

A lawyer can't speed up or end AP but they can write to the embassy on your behalf and get the status of your case. They can advise you if the Writ of Mandamus is a good idea or not and make it so you don't feel alone during this process. My lawyer is with Catholic Charities and they base their fees on your income. Maybe there is a Catholic Charities in your area.

I wish I had more information to help you get out of AP and obtain your visa. All I can do is tell you about my experience and hope it helps you or somebody else.

[Love To Teach 161]

In July of 2008 I filed a K1 petition for my fiance. We have been waiting in AP for almost 4 years (Islamabad Embassy) and really are feeling like there is no end in site. We are very tired of waiting and can't stand doing nothing. He plans to go to school in Europe so we can see each other more oftenly and in a safer more free environment. I was wondering if I married him in Europe; we of course would have to start over with a new petition for him as my husband, but how does it work when we reapply? Since he is living in Europe would our case go there for the interview etc.? Would it still go to Islamabad because he is a Paki citizen? Do we mention the 4 years we have already been waiting or will the cases somehow be linked together? It's obvious that the case officer doesn't like something about us so will that follow us or will our case be made stronger by getting married? It is a very scary thing to "start over" after such a long time. But after so many years thinking "maybe they will call tomorrow or next month" we are giving up on the call ever coming and want to do something to move forward and be together. I never imagined we would both have to leave our homes to be together. I would appreciate any information if available on how it works when you reapply form another country. Thanks.

Wow, I wonder if your AP is perhaps the longest in history of a K-1!!! It really is unfair AND unreal that anyone could be investigated for that long. It seems that is totally unreasonable for anyone to have to endure...I wish you luck!!!