K-1 Administrative Processing - Experts Plz Advise

[Super Uber 27]

Thank you agripa, you actually read my mind on several points .. I was basically thinking the same way.

 

Well, we'll see how this goes.

[Cathi 5,614]

2 months is nothing. My friend's husband just arrived from Egypt 6 months ago, he was in AP for more than 2 years.

[JackandRed 16]

One thing is certain, you must have patience with the process. There are some on this forum who've been separated from their loved ones for years.  Just stay focused and positive. Visualize a successful outcome. Before long it will all be over.

[LionessDeon 2,060]

And getting married and filing a CR1 is not a guarantee out of AP.  You could get thrown right back into AP after that interview also.

[Ben&Zian 4,397]

1 hour ago, ahmedz said:

I may have forgot to mention that the CO looked like he had a hangover or was already drunk, I know how it sounds, but I've seen him close his eye several times like he was affected by the little blue light that lit the interview booth, besides his chicken scratch writing that almost mis-spelled my name and case number on the white paper he handed me, along his obvious heavy tongue.

 

Thanks a lot everyone.

 That's awesome.

This is probably as he already had made up his mind when he reviewed your petition before the interview... some people are not as graceful when trying to listen to what you're saying even though it already has been decided otherwise.

Them not reviewing anything you took with you is normal, and totally to the discretion of the CO. Same thing for us, my partner was not asked for anything at all, I-134, further evidence, nothing.

 

And as some others are stating, marriage and a CR-1 does not guarantee anything. It is same basically as K-1, you have to still have an interview, and if you can't correct the red flags, or whatever the reason behind them potentially doubting your case is, the CR-1 would also be put into AP just like you are now. Patience is the hardest thing in this case; but that's all really you can do right now...or the USC can withdrawl the petition.

Edited January 25, 2017 by Ben&Zian

[geowrian 22,336]

12 hours ago, ahmedz said:

-Why didn't the CO look at any evidence? and What is this a sign of?

-Is it normal that he gave me back the passport? Or is it a sign of a long AP or denial?

-Why do you guys think I was put on AP? Although I'm from Egypt, a lot of people were approved on the spot with a much less solid case and were never on AP.

-Most AP is resolved within 60 days, and It has been more than that without any status update - other than when we inquire. Is it possible to file a "Writ of Mandamus?" or a lawsuit to force their hands to make a final decision? and Will this affect my case in any negative way?

-If It's not "Writ of Mandamus?" or a lawsuit then what?

-Will threatening to file a lawsuit against them have the desired effect? I would basically send unofficial copies first as a warning to sue.

NOTE 1: We have a good reason to be hasty with this; Due to age difference we are trying to have our own children and with every day passing our chances grow slim.

NOTE 2: We only seek closure for the case - I don't care about approval or denial only the timing.

NOTE 3: Please, If you filed any lawsuit before on a similar case or situation - provide explicit details whenever possible and provide a sample copy of the documents (redact personal info, of course)

 

If anyone could direct us through this, it'd be greatly appreciated!

Thank you.

1) That's not uncommon. They may have reviewed it all beforehand. Or not. You don't really have any way to know which one it is.

2) It's not abnormal...but it does imply (at least to me) that he doesn't expect you to get through AP soon.

3) Why? You have a a red flag (age gap and out of ordinary customs) and a previously denied visa. Personally, if you were to have intended the visit to bed with your fiance, then it might have worked out better. You're allowed to visit your fiance. They may deny based on not having strong ties to return home, but it is what it is. At least then it would show you want to be with your fiance. As-is - despite being truthful and I 100% affirm that telling the truth was the right choice (lying is absolutely not what you want to do here), he probably thought you were trying to cover the reason for the previous denial. Truthful or not, if he doesn't believe you then that's his decision to make. He has the discretion to do that.

4) Two months is not long for AP, as others have noted. You also cannot file a writ of mandamus as you do not hold standing to do so. Your fiance also cannot do so due to consular nonreviewability. It really is a sort of limbo. You just have to either wait it out, file a new petition (although I don't see a reason for a different result), get married and try for that (again - no guarantees on AP), or give up on immigrating to the US and have her immigrate to you instead.

5) Same goes for a lawsuit.

6) Threatening to file suit when you don;t have standing to actual sue won't help your case.

7) I'm sorry, but this sounds melodramatic. An extra month or even year is not going to make or break your ability to have kids. I th ink you should step back for a second and realize this is a want, not a need. You want to have kids ASAP, you don't need to have kids ASAP.

8) If this is true, then you can cancel the petition and either file for a new one, get married and try that route, or have her immigrate to you.

 

That said, my suggestion is to give it more time. Like others noted, 2 months of AP isn't that long. Any other US immigration attempts at this point will likely take just as long, if not longer.

 

Good luck and best wishes!

[Ebunoluwa 6,136]

Filing a writ of mandamus will get you denied. Let the process take its course, background checks, security checks, document

verification, all takes as long as it takes and forcing their hand will backfire. I join the choir that 2 months is nothing and very normal for
your country. We were in AP for 16 months and then denied and had to refile. Chill and be patient.

[MA & SY 34]

All I can tell be patient, the journey might take like forever! I bet you have read in AP's forum some awful stories, I think mostly applicants treat fairly.

 

good luck

[Patient 57]

21 hours ago, ahmedz said:

Hey Everyone,

 

-I was also called a liar at one point, when I answered the absolute truth about and it was a completely irrelevant point (a b2 visa I applied for during the time I knew my fiance but wasn't visiting her, although I wanted to, CO asked "Did you plan to?", I answered "I wanted to, but there was no planning", He said "I think you're lying to me", I calmly and confidently answered "No, I'm not lying" and I explained how my friend's invitation pre-dated meeting my fiance - He got hostile in questioning and attempted to verify if I truly knew the people I was visiting - I was calm still and my answers matched 100%) - interview resumed.

-CO asked general questions, nothing too specific or too deep so I didn't get grilled.

-CO NEVER looked at any of evidence - carried a lot of weight for nothing.

-At the end of the interview, it looked like he was confused whether to approve or deny (CO paused looking at a white paper before he marked "Administrative Processing" and requested "Individual Registry" to prove that I'm not currently married) - I'm 100% sure that the paper work was extremely solid and my answers were confident.

-I was not approved or denied .. not verbally - just gave me back my passport and said we'll call you when we need it.

Passport back, not a problem. Co getting angry ,,,,was he or she just loud? 

 

The CO could not make a decision, the expected announcement of the immigration changes were known to all, Trump made good on some his promises yesterday. Countries have now been listed and changes in those countries nearby of Ambassadors or Consuls will mean no-one wants to decide anything except if it is safe.

 

Important: Could you have done better?

 

Did you make efforts to pull out of your envelope the information to back up the statements?

Emphasis your relationship by pointing to documents like photos together (you have some ?).

 

To me, truth is important but how you answer means is even more important. Some in the forum like the CO will think it strange, that you travel half way around the world to visit, but then do not hop on a plan to see your loved one who could fly half-way even meet at an airport for 4-8hrs. It could have helped the baby timing problem you quoted.

 

It loses you points that you did not leave the information with him, saying you would be willing to speak on the telephone later about the contents, or get your partner to call him/her from the USA directly. You have their name and Embassy number. - Call it a mix up of cultures. I would not take all my records home, I would have left a copy with the CO, it was why it was prepared, right.

 

I hope it all is good in the end. 

Edited January 26, 2017 by Patient

[Patient 57]

47 minutes ago, MA & SY said:

All I can tell be patient, the journey might take like forever! I bet you have read in AP's forum some awful stories, I think mostly applicants treat fairly.

 

good luck

Good advice

[USC1961 251]

This sounds exactly like the other thread that was posted here a couple of weeks back.  OP did your lady petitioner post a thread on here about this very same case?  In any case I think you have zero to no chance to get approved.  Not trying to be a party pooper, just a realist. 

 

A lawsuit?  You have no grounds whatsoever to file a lawsuit.  The Embassy/USCIS/Dept of Homeland security etc. are well within their rights to deny you entry to the USA.  Immigrating to the USA is a privilege not a human right.  

 

And not to ruffle any feathers but after the President made good on his promises, our department of homeland security is now free to do their job properly.  

Edited January 26, 2017 by Cruise77

[Ebunoluwa 6,136]

11 hours ago, Cruise77 said:

This sounds exactly like the other thread that was posted here a couple of weeks back.  OP did your lady petitioner post a thread on here about this very same case?  In any case I think you have zero to no chance to get approved.  Not trying to be a party pooper, just a realist. 

 

A lawsuit?  You have no grounds whatsoever to file a lawsuit.  The Embassy/USCIS/Dept of Homeland security etc. are well within their rights to deny you entry to the USA.  Immigrating to the USA is a privilege not a human right.  

 

And not to ruffle any feathers but after the President made good on his promises, our department of homeland security is now free to do their job properly.  

While a lawsuit is ridiculous I find your comment of 'zero to no chance to get approved' being realistic equally disturbing.
DHS was always free to do their JOB properly. Give me a break.