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MandyAlex

Administrative Process After K1 Visa Interview

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My fiancée had her K1 interview in Guayaquil and was given a 221g document (white) at the end of the interview. I was present and was also interviewed with a few, general questions. In the letter she was told that temporarily the visa could not be approved, that the case will go through AP and the process could take several weeks. The letter also mentioned to wait at least 60 days before initiating any inquiries, that the consulate will contact her once the process is concluded.

What transpired at the interview was that they have incorrect information in their system on a previous tourist visa she has held, (she was told she had an "immigration file", not sure what they meant), allegating she overstayed the visit 6 months which isn't correct. The consul mentioned their records indicate she had an immigration issue at the entry US airport, (I guess meaning "problem"), which is also incorrect. This caught us totally by surprise since she have visited the US twice on the visa; 19 days the first time, 60 days the 2nd time. This was several years back and before we met. She never had an issue with immigration or law enforcement during entry or exiting the US, nor during her stays. We explained this to the consul but still were issued the 221g. To our understanding, this is what the administrative process is about.

So, my questions are; Do they return the case to the US for AP or is it done "in-house"? Any idea how long something like this should take to clear? Why the consul didn't look at the passport stamps to confirm entry and exit days on her tourist visa?

I'm disappointed that the visa was not initially approved, but at the same time confident it could be just a matter of time. I'm aware it could had been denied all together, for whatever reason. Her passport was returned to my fiancee, I guess she will have to return a second time for visa approval, correct? After AP, do they usually interview the beneficiary a second time or how is the visa adjudicated?

Edited by MandyAlex

K-1 Petition - California Service Center

Sent by FedEx: Feb 9 2016

Received at CSC: Feb 10 2016

NOA1: Feb 12 2016

Approved/NOA2: May 31 2016

NOA1 TO NOA2: 111 Days

NVC Received: July 26, 2016

NOA2 TO NVC: 56 Days

NVC Case #: July 27, 2016

NVC Processing: 3 Business Days

NVC To Consulate: July 29, 2016

Consulate Received: Aug 1, 2016

Consulate Ready: Aug 5, 2016

Interview: Sep 19, 2016

(Visa Approved!)

POE: Oct 17, 2016

Wedding: Dec 22, 2016

Filed for AOS: May 5, 2017

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Did they keep the passport? Well the standard answer is that most AP are reolved within 60 days. Of course this doesn't help you much since each case is different. Is it possible that her final departure wasn't registered correctly? It seems to me that they will just try to verify that she actually left the country when she said she did.


Oh, and the AP is done there. You will not get a 221g if it is going back to the US, nor will they keep the passport.

Edited by Suss&Camm

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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Sorry, just saw that she got her passport back... that's a bit confusing. Maybe a more senior member will have seen something similar before. For sure if the visa is to be issued they need the passport, so somehow she will have to get it back to them..

Edited by Suss&Camm

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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Did they keep the passport? Well the standard answer is that most AP are reolved within 60 days. Of course this doesn't help you much since each case is different. Is it possible that her final departure wasn't registered correctly? It seems to me that they will just try to verify that she actually left the country when she said she did.

Oh, and the AP is done there. You will not get a 221g if it is going back to the US, nor will they keep the passport.

Thanks so much for your reply, appreciate it.

K-1 Petition - California Service Center

Sent by FedEx: Feb 9 2016

Received at CSC: Feb 10 2016

NOA1: Feb 12 2016

Approved/NOA2: May 31 2016

NOA1 TO NOA2: 111 Days

NVC Received: July 26, 2016

NOA2 TO NVC: 56 Days

NVC Case #: July 27, 2016

NVC Processing: 3 Business Days

NVC To Consulate: July 29, 2016

Consulate Received: Aug 1, 2016

Consulate Ready: Aug 5, 2016

Interview: Sep 19, 2016

(Visa Approved!)

POE: Oct 17, 2016

Wedding: Dec 22, 2016

Filed for AOS: May 5, 2017

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They gave the passport back because they are not issuing the visa yet. There is no standard time for AP and resolution in 60 days. No one can tell you how long it will take. It varies greatly. It can be weeks, months, or years. The consulate will never give you a timeline either.

It will depend on the consulate's procedures as to what happens when the case is ready for approval(if it will be approved). A new medical and interview could be asked for.

~ Moved from K-1 Process to Waivers and Administrative Processes - topic is about being in AP ~


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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They gave the passport back because they are not issuing the visa yet. There is no standard time for AP and resolution in 60 days. No one can tell you how long it will take. It varies greatly. It can be weeks, months, or years. The consulate will never give you a timeline either.

It will depend on the consulate's procedures as to what happens when the case is ready for approval(if it will be approved). A new medical and interview could be asked for.

~ Moved from K-1 Process to Waivers and Administrative Processes - topic is about being in AP ~

Clarifying that I was referring to the standard answer that is given by the visa unit when they receive the question. I highlighted that each case is different.


K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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They gave the passport back because they are not issuing the visa yet. There is no standard time for AP and resolution in 60 days. No one can tell you how long it will take. It varies greatly. It can be weeks, months, or years. The consulate will never give you a timeline either.

It will depend on the consulate's procedures as to what happens when the case is ready for approval(if it will be approved). A new medical and interview could be asked for.

~ Moved from K-1 Process to Waivers and Administrative Processes - topic is about being in AP ~

Bhel got her passport back also, our processing will resume once we get a police clearance out of spingapore. Until then we are in AP.

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