Is My K-1 Petition left to Expire?

[Jordan J 3]

Hello Everyone,

I have applied for K-1 Visa, my fiancé is from Morocco. My petition for K-1 VISA was approved by
USCIS last Sept 2017. My Fiance had her interview on Oct 2017, and since then she has been
placed on AP, she was told to submit her forgotten police report and DS-5535 via email, after her
interview, and they also took her passport. This was all last year, she submitted all of these documents
immediately and have been waiting since then.

We have both contacted several times to the embassy, and me here in US have reached out to NVC
and USCIS. All I get response from them is an email back from embassy saying "your case is still in AP,
we will move forward once this process is complete" NVC says your case is not rejected; as they still have
your file.

Is my K-1 Visa at embassy is left to expire?? The paper that my fiancé got after her interview has a date
which tells her to submit the documents a year from her interview (Oct 2017). I am worried that all this
waiting will turn into a disaster.. 

 

Can anyone here relate to his, or have any suggestions. Anyone who had this experience or can shed some
light on this matter would be really helpful.

[EM_Vandaveer 2,368]

K1s are left to expire IF they are sent back to USCIS. This did NOT happen to you, you are in AP-limbo. Unfortunately AP can and does take years in some cases. You need to keep asking the Embassy (maybe once a month), but as long as they say case is in AP, all you can do is wait.

I'm very sorry, I can't imagine the heartache of being in limbo like this.

[EM_Vandaveer 2,368]

~~~ Moved to "Waivers (I-601 and I-212) and Administrative Processes (221g)" as that is a more appropriate place for this thread ~~~

[Jordan J 3]

@EM_Vandaveer Years!!! I hope not. Yes I email them once every month, and they copy and paste the same

reply each time, which is so convenient. I also see them update my case, when I had stopped emailing them at
one time for over 2 months. Since AP is a process, I am thinking to file for CR-1, if I don't hear from them soon. 
Thanks for your feedback.

Edited July 27, 2018 by Jordan J

[Ben&Zian 4,397]

4 minutes ago, Jordan J said:

@EM_Vandaveer Years!!! I hope not. Yes I email them once every month, and they copy and paste the same

reply each time, which is so convenient. I also see them update my case, when I had stopped emailing them at
one time for over 2 months. Since AP is a process, I am thinking to file for CR-1, if I don't hear from them soon. 
Thanks for your feedback.

 

Just withdrawing the K-1 and marrying to apply for CR-1 doesn't mean you won't end up in the same exact AP situation. K-1 to CR-1 won't change what they are doing with her AP honestly.

[EM_Vandaveer 2,368]

1 minute ago, Ben&Zian said:

 

Just withdrawing the K-1 and marrying to apply for CR-1 doesn't mean you won't end up in the same exact AP situation. K-1 to CR-1 won't change what they are doing with her AP honestly.

This. ^^^^ Don't do it because most likely the same long AP process will happen FROM scratch. So all it would achieve is to add year(s) to your already long process, most likely.

[Jordan J 3]

@Ben&ZianUnderstood, but this will clear any unreasonable doubts if they may have about our relationship.
The case might get back on AP again. But as a US husband, it will grant me more legal rights to pursue other
options. Thanks!

[geowrian 22,335]

Just now, Jordan J said:

@Ben&ZianUnderstood, but this will clear any unreasonable doubts if they may have about our relationship.
The case might get back on AP again. But as a US husband, it will grant me more legal rights to pursue other
options. Thanks!

Are you certain the cause of AP is due to the bona fide relationship requirement? Sounds like background checks to me, especially with the DS-5535 being requested.

[Jordan J 3]

@EM_Vandaveer Totally agree with you, but not all can be patient. I may have to talk to my fiancé also 

about this wait. Thanks.

[Jordan J 3]

@geowrianI believe it has to do with background checks. She has travelled to turkey several times with her

sisters and recently to Egypt for her sisters wedding. Not sure what they are also doing with her passport 

in their possession. Thanks!

[EM_Vandaveer 2,368]

3 hours ago, Jordan J said:

@geowrianI believe it has to do with background checks. She has travelled to turkey several times with her

sisters and recently to Egypt for her sisters wedding. Not sure what they are also doing with her passport 

in their possession. Thanks!

If it's background checks, the need for them will be there even if you marry & file for spousal visa.

The only legal option then is to sue them/get Representatives involved in order to force them (the Embassy) to make a decision BUT they can just deny then citing incomplete checks! No legal option will ever force them to approve the visa.

[Jordan J 3]

@EM_Vandaveer This is a perfect example of "Where there are NO checks and balances" in a system. 

I don't think, its worth the fight for me to take them to the court. They will deny as you have said; and
sadly there is no legal option to this mess. But love shall prevail!