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Filed: Country: Philippines
Timeline
Posted (edited)

Hi,

I was interviewed on Aug 14, 2012 and I was told that my paperwork looked okay but I was also told that they will keep my papers under further review because I have stayed in the United States for 6 years. I know that during those 6 years that I did not incur unlawful presence/overstay. I was 15 when I first arrived on a B1/B2 visa and my family and I were given 3 months. On the last day of our authorized stay, my father filed for asylum. The case was not found to be fraudulent or frivolous; however, it was denied. We were granted Voluntary Departure by the immigration judge. Before the 60days of VD, our lawyers sent our papers to the BIA for appeal. It was again denied but our VD was allowed to continue. Our case was then sent to the Federal Court for review. They have granted to continue our temporary stay until the mandate. The final decision was made on Feb 2011 and it was again denied. We had until June 3 that year until our VD expired. We left on May. Now from what I know, people with pending asylum cases including those on appeal will not incur unlawful presence for as long as the application is pending. 3 of those 6 years, I was underage and would not be counted against me if there was unauthorized stay on my part, which there should be none because the VD which counts as authorized stay by the attorney general was applied after every decision. From all of that, I realize that I do not have any bar against me. I have double checked with our lawyer before even getting petitioned by my fiance. I believe that the consul recognized this because he told me that everything looked fine and that I should be okay based on everything that I told him. I was unable to produce all of the documents they needed to prove that I was telling the truth but I did provide them with the paper that the DHS gave me to prove that I have left the country and have appeared before an embassy official. They included details of us receiving VD etc etc. For some reason, it was not enough and that's why they kept my papers for further review. They gave me a 221g with 2 sentences crossed out, my name, date of the interview, number, and visa symbol. They kept my passport as well. Nothing was ticked on it. Nothing that tells me what to do or whether I should just wait.

They told me that I will receive an e-mail or letter telling me whether they denied me a visa or if they didn't that I will just receive my visa in the mail. I was told that it was only going to take a couple of weeks but it will be a month next week and our petition will expire on October. My fiance who was with me during the interview has already informed his family that I will be arriving in less than 1 month and I really dont want for things to go wrong.

Do you guys think that everything will be alright? I mean I know that there is no bar against me but would the officers at the embassy try to find a way to deny me a visa? The proof I gave them already had everything they needed and they also have copies of our documents at the embassy since we went to meet an officer there to prove that we arrived in the country. He told us that he will keep our papers at the embassy so it shouldn't take long for them to check. I don't know why it's taking so long. My fiance and I are both stressed out. We get the same response every time we call them.

Any information/advice/help/consolation would be very much appreciated.

Edited by AL & JM

Met at school: August 2008

Dated Officially: Sept 22, 2008

Engaged: April 24, 2011

K1 Visa

I-129F Sent : 2012-01-27

I-129F NOA1 : 2012-02-02

I-129F NOA2 : 2012-06-22

NVC Received : 2012-07-13

NVC Left : 2012-07-17

Interview Date : 2012-08-14

Interview Result : Administrative Review

USEM Document Request: Sept 11, 2012

Documents sent: Sept 24, 2012

Documents received: Sept 25, 2012

Forwarded to the Consular officer: Sept 28, 2012

Visa Issued: OCt 3, 2012

Final processing: Oct 3, 2012

Received text msg from 2go: Oct 5, 2012

Visa Received : 2012-10-06

US Entry : 2012-10-19

Applied for SSN: 11-06-2012

SSN Issued: 11-22-2012

Filed: Country: Philippines
Timeline
Posted

Help anyone?

Met at school: August 2008

Dated Officially: Sept 22, 2008

Engaged: April 24, 2011

K1 Visa

I-129F Sent : 2012-01-27

I-129F NOA1 : 2012-02-02

I-129F NOA2 : 2012-06-22

NVC Received : 2012-07-13

NVC Left : 2012-07-17

Interview Date : 2012-08-14

Interview Result : Administrative Review

USEM Document Request: Sept 11, 2012

Documents sent: Sept 24, 2012

Documents received: Sept 25, 2012

Forwarded to the Consular officer: Sept 28, 2012

Visa Issued: OCt 3, 2012

Final processing: Oct 3, 2012

Received text msg from 2go: Oct 5, 2012

Visa Received : 2012-10-06

US Entry : 2012-10-19

Applied for SSN: 11-06-2012

SSN Issued: 11-22-2012

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

It's really up to the Embassy, and you have to wait for their decision. Meanwhile, have you consulted with a GOOD immigration attorney here in the U.S. to plan how to confront the various possible decisions that the Embassy could make?

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: Country: Philippines
Timeline
Posted

It's really up to the Embassy, and you have to wait for their decision. Meanwhile, have you consulted with a GOOD immigration attorney here in the U.S. to plan how to confront the various possible decisions that the Embassy could make?

No, we have only consulted about the K1 process. And the lawyer we retained from Reeves informed us that there really shouldn't be a problem with bans. I just feel like it shouldn't take this long especially when they have all the information they need to decide. It makes me feel like theyre trying to prolong it to try and discourage our relationship or something, maybe even just find a way to deny me. We are feeling very stressed out.

Met at school: August 2008

Dated Officially: Sept 22, 2008

Engaged: April 24, 2011

K1 Visa

I-129F Sent : 2012-01-27

I-129F NOA1 : 2012-02-02

I-129F NOA2 : 2012-06-22

NVC Received : 2012-07-13

NVC Left : 2012-07-17

Interview Date : 2012-08-14

Interview Result : Administrative Review

USEM Document Request: Sept 11, 2012

Documents sent: Sept 24, 2012

Documents received: Sept 25, 2012

Forwarded to the Consular officer: Sept 28, 2012

Visa Issued: OCt 3, 2012

Final processing: Oct 3, 2012

Received text msg from 2go: Oct 5, 2012

Visa Received : 2012-10-06

US Entry : 2012-10-19

Applied for SSN: 11-06-2012

SSN Issued: 11-22-2012

Filed: Country: Philippines
Timeline
Posted

My fiance just called the embassy and now they are saying that it is under review. Does it differ from administrative processing? He was advised to call again on wednesday or friday.

Met at school: August 2008

Dated Officially: Sept 22, 2008

Engaged: April 24, 2011

K1 Visa

I-129F Sent : 2012-01-27

I-129F NOA1 : 2012-02-02

I-129F NOA2 : 2012-06-22

NVC Received : 2012-07-13

NVC Left : 2012-07-17

Interview Date : 2012-08-14

Interview Result : Administrative Review

USEM Document Request: Sept 11, 2012

Documents sent: Sept 24, 2012

Documents received: Sept 25, 2012

Forwarded to the Consular officer: Sept 28, 2012

Visa Issued: OCt 3, 2012

Final processing: Oct 3, 2012

Received text msg from 2go: Oct 5, 2012

Visa Received : 2012-10-06

US Entry : 2012-10-19

Applied for SSN: 11-06-2012

SSN Issued: 11-22-2012

 
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