K1 Visa Expiring while in AP? Start Over?

[EandH0904 1,184]

My fiance had his interview at the consulate on February 3. He was put in AP and given a 221-G white form. I will be in his country next week, and had written to the consulate to request that our case be reviewed by a senior official before it is returned to the US and stated the reasons why. I got this response (which I presume is a pre-scripted reply):

 

Thank you for your inquiry.  Your fiancé’s case is currently under administrative review for return to USCIS.  It often takes 60-90 days for cases to transfer from U.S. posts abroad to the National Visa Center and subsequently, USCIS.

 Please note that USCIS confers four months of validity to I-129F petitions after approval.  These K-1 cases are then sent to Post for scheduling and interview with a Consular Officer.  Following the interview, if it has been determined that your K-1 visa application should be returned to USCIS for review, the petition often expires prior to that review by USCIS.  The U.S. Consulate has no control over the petition expiring, and, in such cases, you may re-file an I-129F.  Since this I-129F filing has expired, it would need a new petition to be filed with USCIS for K-1 classification.

 Please see the following link and statement regarding Treatment of I-129F petitions where the Department of State (DOS) refuses to issue the K-1 visa and returns the expired petition to USCIS: http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas.

--------------------------------------------------------------

Our original application expires February 25th 2017. (They took awhile getting us an interview date). Am I right in understanding that on February 26, 2017 we have to start ALL OVER again from the beginning? New paperwork? Payment of fees again? Re-do the medical, the interview, everything? 

 

I see people in here posting about how they have been in AP for x amount of months and I don't recall anyone seeing talking about the K1 expiring through it's possible I just overlooked it. 

I know going there and marrying under CR1 is likely a better option than re-applying for another K1 - my trouble is work - I got a letter from my employer saying it's an undue burden to the company to let me leave longer than a week as I have a very specialized job - I'm one of only 4 people within my company of 300+ that does my job and it would be difficult to leave for longer than a week (I had to make a bunch of trades to get 10 days off). 

 

 

[Georgia16 2,858]

If it's send back then it's pretty much a denial they will not touch it and will let it expire.

 

Before you send off new or spouse visa you need to find out the reason.

[Ben&Zian 4,397]

Agred with above. Just marrying and filing for a CR-1 does not make whatever the issues were go away.

 

You need to find out why there was an issue with the K-1 and correct/address them, otherwise they may come right back up during the CR-1 interview process.

 

Also, with a place like Morocco, a lot of face time is usually desired by the embassy. If your work does not allow or can't afford to let you take time off much or for long periods of time, the embassy honestly I don't think even cares.... just my honest thought on how they view that stuff.

Edited February 9, 2017 by Ben&Zian

[EandH0904 1,184]

How do I find out the reason? I've been told FOIA requests are usually just given generic information 

[Ben&Zian 4,397]

Your fiance has no specifics or paperwork from the actual interview? Just them asking for other documentation? Or specifying anything at all?

 

If not then FOIA is best route. Otherwise I suppose can go through your congressman/woman; but they may just get the same info as the FOIA.

Edited February 9, 2017 by Ben&Zian

[Dutchster 1,106]

Were there any red flags in your relationship? Just one visit? Age gap? Not a lot of evidence of bonafide relationship? etc etc.

[Shoot Em Straight 385]

OP, on your other post..... You were asked what the 221g said. What was marked on your other post regarding your situation.

You were also given good, sound advice of what to do by a few people, including people that have been in your situation at one time in CASA.

Why dont you find out what was marked on your white 221g paper? This way people on VJ can try to help you with more detail.

 

Edited February 10, 2017 by Inluv

[Ebunoluwa 6,136]

6 hours ago, EandH0904 said:

My fiance had his interview at the consulate on February 3. He was put in AP and given a 221-G white form. I will be in his country next week, and had written to the consulate to request that our case be reviewed by a senior official before it is returned to the US and stated the reasons why. I got this response (which I presume is a pre-scripted reply):

 

Thank you for your inquiry.  Your fiancé’s case is currently under administrative review for return to USCIS.  It often takes 60-90 days for cases to transfer from U.S. posts abroad to the National Visa Center and subsequently, USCIS.

 Please note that USCIS confers four months of validity to I-129F petitions after approval.  These K-1 cases are then sent to Post for scheduling and interview with a Consular Officer.  Following the interview, if it has been determined that your K-1 visa application should be returned to USCIS for review, the petition often expires prior to that review by USCIS.  The U.S. Consulate has no control over the petition expiring, and, in such cases, you may re-file an I-129F.  Since this I-129F filing has expired, it would need a new petition to be filed with USCIS for K-1 classification.

 Please see the following link and statement regarding Treatment of I-129F petitions where the Department of State (DOS) refuses to issue the K-1 visa and returns the expired petition to USCIS: http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas.

--------------------------------------------------------------

Our original application expires February 25th 2017. (They took awhile getting us an interview date). Am I right in understanding that on February 26, 2017 we have to start ALL OVER again from the beginning? New paperwork? Payment of fees again? Re-do the medical, the interview, everything? 

 

I see people in here posting about how they have been in AP for x amount of months and I don't recall anyone seeing talking about the K1 expiring through it's possible I just overlooked it. 

I know going there and marrying under CR1 is likely a better option than re-applying for another K1 - my trouble is work - I got a letter from my employer saying it's an undue burden to the company to let me leave longer than a week as I have a very specialized job - I'm one of only 4 people within my company of 300+ that does my job and it would be difficult to leave for longer than a week (I had to make a bunch of trades to get 10 days off). 

 

 

 

Why did you write to them to request a "review before it is returned to the US" ?
You did not even know that is was being returned which brings me to your other question, a case in AP can mean varies
checks, security as well as background checks, field investigations and document verification.
AP does not automatically equal a returned petition. Most MENA beneficiaries undergo security checks at the very least.
This can take weeks or months, I have seen a 5 months pattern for your country though it varies from case

to case of course. It can not be expedited, interrupted (pulled) for review or stopped.
You now have received the email that your case is " currently under administrative review for return to USCIS."
That sounds like it is being reviewed to determine if it is going to be returned.
Which means A. it will be returned or B. it will not be returned and undergo internal or external checks (AP) and then approved.
If returned it is over and you can marry and file a CR1 rather than another K1 because a CR1 will have a second
chance if returned, a K1 will be purposely expired by USCIS , K1's are no longer reviewed even though CO's are still
informing petitioners they will be reviewed. Returned K1's are the end no matter what the date on your petition is.

No review period.
You could try to get into the embassy (perhaps through the USC assistance side) and plead
your case with a lot of quality relationship evidence and request a second interview.
No guarantees that you will succeed or even get close to a CO.
Worth a try, long shot though. If not you start over, yes with all forms, fees, medical and interview.
Frontload your next petition with lots of relationship evidence and proof of another visit. You both have to convince the CO

that you are a bona fide couple.

 

[EandH0904 1,184]

10 hours ago, Inluv said:

 

Why dont you find out what was marked on your white 221g paper? This way people on VJ can try to help you with more detail.

 

Nothing was marked on the paper 

[Lizlus 0]

16 minutes ago, EandH0904 said:

Nothing was marked on the paper 

I think you have to be patient,  my fiance is going through the same line. He went for interview on the 9th/9/2016,  and he was told that they approved his visa and they took his passport. As I write he is still on AP, they send the same information about sending back the case but they didn't send it. They still kept his passport,  my senator write them, they said let's wait maximum 60 days for final decision. We're praying for God to help us.

[Happytobe 164]

As others have said, he's in Administrative Processing. They have not yet determined whether to deny the visa yet.... thereby, it's not being returned yet. The standard "expiration " can and is extended by the consulate in these instances. Be patient. Enjoy your trip. 

 

As an aside, when marrying in Morocco, you need a lot of documents from here that take time to gather and have translated there.  With that being said, it's my understanding that you are taking a trip there relatively soon and you won't have time to gather everything.  So, again, be patient. If they deny and return the K-1, and you decide to marry, its best to take another trip, plan, and prepare as many documents beforehand (scan them, email them, have the translations started, etc) so as to help with how long the process there takes. 

 

I know now it's frustrating, we all do, but these are not processes that are fast and much patience is needed. Best of luck

[Shoot Em Straight 385]

OP So yes you did not receive the actual 221g where they mark what is next for your case.

Again talk with your fiance and find out in details what was said so you can somehow figure out what is it that the CO did not believe was correct in your case to move along.....if/when you might have to file the spousal visa for your future.

Enjoy the upcoming visit with your SO.

 

 

 

 

[Ebunoluwa 6,136]

2 hours ago, Happytobe said:

As others have said, he's in Administrative Processing. They have not yet determined whether to deny the visa yet.... thereby, it's not being returned yet. The standard "expiration " can and is extended by the consulate in these instances. Be patient. Enjoy your trip. 

 

As an aside, when marrying in Morocco, you need a lot of documents from here that take time to gather and have translated there.  With that being said, it's my understanding that you are taking a trip there relatively soon and you won't have time to gather everything.  So, again, be patient. If they deny and return the K-1, and you decide to marry, its best to take another trip, plan, and prepare as many documents beforehand (scan them, email them, have the translations started, etc) so as to help with how long the process there takes. 

 

I know now it's frustrating, we all do, but these are not processes that are fast and much patience is needed. Best of luck

Yes, I forgot to mention this in my post to answer OP's question as to why cases in long AP checks do not expire.
The consulate has the authority to extend the petition and that is routinely done but they will not when they return a petition.
I hope this clears up OP's confusion on AP, extended petitions and returned petitions.

[Dutchster 1,106]

But in OP's other thread she stated they have a seventeen year age-gap so my feelings are saying to Embassy might have had their question marks around the fiance's genuineness's so this might be one of the reasons there is a denial/long AP.

[Ebunoluwa 6,136]

2 minutes ago, Dutchster said:

But in OP's other thread she stated they have a seventeen year age-gap so my feelings are saying to Embassy might have had their question marks around the fiance's genuineness's so this might be one of the reasons there is a denial/long AP.

Some CO's let a petition "sit"  for a while if they aren't convinced the relationship is bona fide and think the relationship will not withstand
the long waiting times. This is not done often but with the discretionary authorities can be done.

Refusal based on an age gap of 17 years alone are not a valid reason but of course it can be worded with the blanket
refusal as "not bona fide." 

I do know many who have made it through and with more of an age gap.
I do believe OP is in standard security checks currently as are all MENA applicants and may be approved or may get
returned, especially if the CO chooses to not extend the petition after AP checks are completed because they were not convinced.