GET MARRIED WHILE STILL IN AP FOR K1

[liz&Ivan 6]

We were put in AP two weeks ago. Really we had all evidence in order. They didnt request anymore evidence. They gave him back his passport. The consular was not very nice. I hear that this AP could take months I have even seen one that is still in AP after a year. does anyone know if I can get married on my next trip to cuba in june even though I am stll in AP and then file a I130. We dont want to waste any more precious time. We have been together already 1 year and 9 months and the though of having to wait another 8 months to a year kills us.

any advice would be greatly appreciated

[Harpa Timsah 13,258]

You can marry. Then you would have to start all over with a spousal visa.

You might also get AP with the spousal visa, so I don't see how doing that would save any time at all. Start over, wait for petition approval, NVC stage which is delayed, then interview, then AP again. In one year you'd be about where you are right now.

Good luck.

Edited April 2, 2014 by Harpa Timsah

[JohnR! 5,495]

The condition of AP is related to the beneficiary, not the process itself. Getting married and filing for CR/IR will not make AP go away. Just sit tight and wait, I would suggest.

[sweet cakes 326]

We were put in AP two weeks ago. Really we had all evidence in order. They didnt request anymore evidence. They gave him back his passport. The consular was not very nice. I hear that this AP could take months I have even seen one that is still in AP after a year. does anyone know if I can get married on my next trip to cuba in june even though I am stll in AP and then file a I130. We dont want to waste any more precious time. We have been together already 1 year and 9 months and the though of having to wait another 8 months to a year kills us.

any advice would be greatly appreciated

Agreed with Harpa & Gegel. Although there are no required documents, they're just doing the checks nonetheless. Also, if you marry, you and your fiance are no longer eligible for an I-129f. Just be a little more patient. You're almost there.

Edited April 2, 2014 by sweet cakes

[Sarah&Michel 6]

I agree with others. You don't really know why your case is undergoing AP. If your evidence is strong then it probably has to do with something other than proving a bona fide relationship. There may be a delay due to security clearance or background check of the beneficiary. If you cancel the petition, get married and apply for a CR-1 visa, whatever the issue is may resurface. I know it's difficult, but I think the best thing right now is to just be patient.

[Cathi 5,771]

getting married won't make AP magically disappear. If AP isn't complete and you marry, he will only be placed right back in AP.

[belinda63 3,039]

Agree with all the above. If you marry you start all over. Around one year for the spousal visa process then right back into AP.

[liz&Ivan 6]

Agree with all the above. If you marry you start all over. Around one year for the spousal visa process then right back into AP.

spoke to my attorney he says if within 1 month of AP I dont hear from them we contact them to get an answer if denied the AP is cleared and he recommends to file for the I130. The only reason I think i would be denied is because Cuba is a high risk country for fraud and they might have thought that we were a fraud couple. lets see I will sit tight and wait a couple of more weeks but I wont sit and twiddle my thumbs and wait long cause I already know how this is you have to insist.

[JohnR! 5,495]

spoke to my attorney he says if within 1 month of AP I dont hear from them we contact them to get an answer if denied the AP is cleared and he recommends to file for the I130. The only reason I think i would be denied is because Cuba is a high risk country for fraud and they might have thought that we were a fraud couple. lets see I will sit tight and wait a couple of more weeks but I wont sit and twiddle my thumbs and wait long cause I already know how this is you have to insist.

As a suggestion, ask him about him filing a writ of mandamus, instead of the I-130, and force their hand? Looking from the outside it would seem the next logic legal step.

None of the reasons for AP - be it suspicion of legitimacy of the relationship, or life details of the beneficiary, etc - will be dismissed or lessened if you get married. Your marital status will not affect AP and if you get married and file for I-130 you will be looking at a processing time of 12 months if all goes without any delays, and chances are, in the end, your husband will still be placed in AP once again.

I do not presume to know of your circumstance, nor do I presume to know your case better than your lawyer, so please take my comments as unqualified opinions and suggestions only.

Edited April 2, 2014 by Gegel

[liz&Ivan 6]

As a suggestion, ask him about him filing a writ of mandamus, instead of the I-130, and force their hand? Looking from the outside it would seem the next logic legal step.

None of the reasons for AP - be it suspicion of legitimacy of the relationship, or life details of the beneficiary, etc - will be dismissed or lessened if you get married. Your marital status will not affect AP and if you get married and file for I-130 you will be looking at a processing time of 12 months if all goes without any delays, and chances are, in the end, your husband will still be placed in AP once again.

I do not presume to know of your circumstance, nor do I presume to know your case better than your lawyer, so please take my comments as unqualified opinions and suggestions only.

Thank you for your suggestions I will inform my lawyer although I think we cannot appeal a k1 if denied. There are no red flags in our case only two that i could think of is he age difference i am 12 years older and I was seperated at the time we started our relationship but divorce was final 8 months later. We have been together for almost 2 years we have over $3000 of phone records I have gone to see him 10 times I have all my flights countless pictures with him and his family. He has a clean record physical came back perfect. I just dont see it. I have replayed the interview over and over again to see where we went wrong and we answered the same questions separately. Sometimes I think maybe I shouldnt have gone to the interview maybe they wouldnt have drilled us so much.

[Harpa Timsah 13,258]

Not all AP is for suspicion of a fraud marriage/relationship. It could be for all sorts of additional checks.

But, if that is what they suspect you of, then getting married won't solve that problem. It's easy to get married and doesn't prove anything, really.

This is not the kind of thing where you "insist." It won't speed it up. Hopefully the AP is over quick for you. Good luck.

[JohnR! 5,495]

Thank you for your suggestions I will inform my lawyer although I think we cannot appeal a k1 if denied. There are no red flags in our case only two that i could think of is he age difference i am 12 years older and I was seperated at the time we started our relationship but divorce was final 8 months later. We have been together for almost 2 years we have over $3000 of phone records I have gone to see him 10 times I have all my flights countless pictures with him and his family. He has a clean record physical came back perfect. I just dont see it. I have replayed the interview over and over again to see where we went wrong and we answered the same questions separately. Sometimes I think maybe I shouldnt have gone to the interview maybe they wouldnt have drilled us so much.

Your lawyer is correct in that there is no appeal for a denial. The writ of mandamus however, is not an appeal. It is a court order compelling the USCIS to reach a decision on your case. It is one way for you to force their hand to either approve or deny your fiance's K-1. Contrary to what you may think, the USCIS will not simply deny it to comply with the mandamus, so it may be a way to escalate your visa request, if it should sit in AP for a long time. Talk to him [lawyer] about it and find out what he thinks...

[milimelo 4,503]

Your lawyer is correct in that there is no appeal for a denial. The writ of mandamus however, is not an appeal. It is a court order compelling the USCIS to reach a decision on your case. It is one way for you to force their hand to either approve or deny your fiance's K-1. Contrary to what you may think, the USCIS will not simply deny it to comply with the mandamus, so it may be a way to escalate your visa request, if it should sit in AP for a long time. Talk to him [lawyer] about it and find out what he thinks...

Not quite sure you can force end of AP via writ of mandamus - it's DOS, not USCIS - USCIS has done their thing by approving I-129f. DOS can take as long as they need to take to process AP - seen how long some people have been in AP in Pakistan or Afghanistan?

[Avery Cates 1,141]

We were put in AP two weeks ago. Really we had all evidence in order. They didnt request anymore evidence. They gave him back his passport. The consular was not very nice. I hear that this AP could take months I have even seen one that is still in AP after a year. does anyone know if I can get married on my next trip to cuba in june even though I am stll in AP and then file a I130. We dont want to waste any more precious time. We have been together already 1 year and 9 months and the though of having to wait another 8 months to a year kills us.

any advice would be greatly appreciated

You're at the end of the road, marrying now would be a horrible idea. You would have to completely start over from the beginning with an I-130, and still probably end up in AP anyway.

[liz&Ivan 6]

Your lawyer is correct in that there is no appeal for a denial. The writ of mandamus however, is not an appeal. It is a court order compelling the USCIS to reach a decision on your case. It is one way for you to force their hand to either approve or deny your fiance's K-1. Contrary to what you may think, the USCIS will not simply deny it to comply with the mandamus, so it may be a way to escalate your visa request, if it should sit in AP for a long time. Talk to him [lawyer] about it and find out what he thinks...

thank you so much I really wouldnt know what to do without the support of everyone on here. My k1 journey was so easy because of this but now I am faced with this and it kills me I cant even concentrate.