Spouse visa stucked in 221g administrative process

[Imran khan 2]

Hi my name is Imran from rawalpindi pakistan. I married with usa citizen on may 2nd 2016 applied for usa spouse immigration visa my interview was held at usa embassy Islamabad on Nov 14th 2017 the guy interviewed me first was very rude but second time on same day after about an hour V/O was better and nice in short after my interview I been handed white color of paper 221g and asked me to wait until administrative process complete since Nov 14 2017 to now 4th of Oct 2018 my visa case is still under administrative process me and my wife tried to contact with embassy many times by phone call fax and emails buy didn't get any good answers even my wife asked help from senator in usa and senator has contacted with embassy here 3 times already but embassy replied each and every time that visa is under administrative process they can't predict the time and they can't expedited neither waive but they'll contact with applicant after process complete my status from Dec 27 2017 shows refused it's almost a year visa application  stucked in process me and my wife r suffering bad we never expected this type of lengthy process we still don't know how long they process this more is there anyone help and can guide how to push embassy to complete this quickly and what's going on why they are taking this forever and are they going to approve my visa or not pls help I'm very concerned 

[CEE53147 559]

There is no way to predict accurately the time required or the outcome. A lengthy delay should have been anticipated. You appear to be desperate to move to the US. Approval was never guaranteed.

 

At least it has not been denied.  Your wife is free to move to live with you in Pakistan.  That should have been a consideration before you got married.

Edited October 3, 2018 by CEE53147

[Reqahmed 92]

I think you already tried with senator and contacted embassy directly. I don't think is there any other way than just wait. Sometimes your wife can call embassy from USA.  Hope soon you get your visa. Good luck.

Edited October 3, 2018 by Reqahmed

[Ryan H 3,790]

Moved from Process & Procedures to Progress Reports.

[Kashan.01 8]

I'm in AP to for k1 since July 3rd. I've sent multiple emails to embassy but they are not replying me back. They took my passport too. 

Can you share further details about your case? Your wife is Pakistani American ?  Who arranged your marriage. ? How many visits she made to pak before getting marry to you ? Have they kept your passport ?

What is your case last updated date ?

[Imran khan 2]

Kashan I hope u'll hear something good from embassy soon on ur questions well my wife is not Pakistani usa but she is usa origin gori she has visited me here 3 times already before we get married here she visited me once on her second visit here we get married and she is planning to visit me again next month my case last update was on 28th of September 2018 refused it's keep updating refused since Dec 27 2017 but whenever contacted with embassy through emails they said it's under administrative process and it's normal procedure but infact it's very stressful lengthy process almost a year of my interview and still don't know how long they'll process more

[Imran khan 2]

Sorry kashan forgot to mention yes they kept my passport and all other original documents on my interview day and they never asked any additional documents I'm hopping they'll approve my visa and let me and my wife live together 

[ahm12 83]

1 hour ago, Imran khan said:

Sorry kashan forgot to mention yes they kept my passport and all other original documents on my interview day and they never asked any additional documents I'm hopping they'll approve my visa and let me and my wife live together 

I know someone , it took them 2 years after interview to get visa recently. Interviewed in 2014, visa came in 2016.

Similarly my cousin interviewed 2008, visa came 2010.

 

don't lose hope, it will come.

 

 

[Imran khan 2]

In sha ALLAH thnx for the encouraging remarks ahm12 GOD bless you 

[Khallaf 646]

21 minutes ago, Imran khan said:

In sha ALLAH thnx for the encouraging remarks ahm12 GOD bless you 

I don't know if the us embassy there will allow it or not, but maybe your wife can set an appointment and go in and talk to them about the case?

 

I also know if you somehow hint at the thought of filing a writ of mandamus in federal court there have been some cases of embassy making a decision fast.

 

I don't know if it will help or not, my husband case is in AP in Cairo for 39 days now, I know that isn't long he was also handed a 221G nothing additional needed just check mark in the box for Administrative processing.

 

if the website says refused, I would recommend she might contact NVC to see what they have to say on the status of it.

[Ahmed&Freda 628]

AP can depend on a lot of factors.  Travel history, common name, where you live or other details no one outside the embassy really knows.  This website gives great advice for the most part (after you bypass the many judgmental post).  Anyone waiting almost a year in the black hole called AP would have some sense of desperation.. and moving to Pakistan maybe a thought but as an American woman the last resort.   Not everyone can just pick up and leave there entire estate, children (if any) and career just like that.   Besides that fact that AP could result in a denial (which then you could make these types of plans) OR an issue of the visa.  Without any concrete answers as to how long and the result its difficult to make such challenging life changes.   

 

You and your wife have all life together.   After several years of marriage when you look back to the few hard years in the beginning it will just be  a memory.

[Ahmed&Freda 628]

3 minutes ago, Khallaf said:

I don't know if the us embassy there will allow it or not, but maybe your wife can set an appointment and go in and talk to them about the case?

 

I also know if you somehow hint at the thought of filing a writ of mandamus in federal court there have been some cases of embassy making a decision fast.

 

I don't know if it will help or not, my husband case is in AP in Cairo for 39 days now, I know that isn't long he was also handed a 221G nothing additional needed just check mark in the box for Administrative processing.

 

if the website says refused, I would recommend she might contact NVC to see what they have to say on the status of it.

Writ of mandamus is an option.  In most cases it results in a denial but at least its an answer and gets the case moving.   Just be prepared it may not be the outcome you hoped.

[Khallaf 646]

11 minutes ago, Ahmed&Freda said:

Writ of mandamus is an option.  In most cases it results in a denial but at least its an answer and gets the case moving.   Just be prepared it may not be the outcome you hoped.

agreed it could be a denial, but they have to give a reason for the denial, and then you can file an appeal, and this will avoid spending thousands of dollars to file an actual lawsuit, I don't know if once the appeal is won, I don't know if they can put it back into AP or not or have to give approval.

 

I am not saying that it will always work some embassy are different.

[Unlockable 7,306]

26 minutes ago, Khallaf said:

agreed it could be a denial, but they have to give a reason for the denial, and then you can file an appeal, and this will avoid spending thousands of dollars to file an actual lawsuit, I don't know if once the appeal is won, I don't know if they can put it back into AP or not or have to give approval.

 

I am not saying that it will always work some embassy are different.

But the point is the reason of the denial may not be the same. The reasons WOM are often denied because they were forced to make a decision on a case that may not complete.

 

Writ of mandamus is touchy. It obligates an officer to complete the duties owed to the applicant. For example, if the case is waiting for background checks from a third country the applicant has lived in but it is taking exceptionally long, then it is out of the officers hands on approving the case. If everything in the case was good up until that point, all the officer is doing is waiting on the background check for it to be complete. Filing a WOM basically forces the officer to make a decision on the case when background check hasn't been received yet. Thus, a standard denial.

 

So a denial because of WOM would not be for the same reason as a denial from a case that was completed thoroughly. 

 

ETA: The point is filing a WOM may result in a denial when the applicants case may be on a path of being approved.

 

Edited October 4, 2018 by NuestraUnion

[Imran khan 2]

Thanks alot guys for ur comments and suggestions my wife tried many times to get appointment with the embassy on phone call but the operators never let her speak with someone in embassy but always put her on hold on machine instructions to email and on email there is no option to get an appointment on ongoing case under administrative process infact usa embassy is very rude my wife and I visit embassy a week before my interview and no one speak with us even we requested the person on counter that she came from usa it's very very hard for her to visit pakistan so let her speak with any official but they never allowed even they don't reply on fax phone calls and emails we checked with the attorney about mandamus file he said it's not a good option to aggravating the visa officer better just to wait more but the thing aggravating frustrating giving more stress that they don't give any time line they r keeping us in dark whole it's almost a year of my interview already whatever they r looking for suppose to be completed in this long period of time I'm surprised why they r still unable to complete this AP it's killing me and my wife apart