Administrative Processing 221(g) K-1 Brazil

[julianC 0]

Hello all,

 

I met my fiancee while she was in the United States on a J-1 Au Pair visa. Her visa expired in May 2017 and she applied for a change of status. She left the United States in Sept 2017 after not hearing back about getting the change of status approved. Eventually (Nov 2017) I received a document saying the change of status was denied on an account of abandonment for leaving the country. I visited her in Brazil and attended her sisters wedding in Oct 2017 where we became engaged. We then applied for a K-1 visa. 

 

My fiancee had her interview on Sept. 4 at the US consulate in Rio de Janeiro Brazil. As most of you know she prepared many documents and proofs of our relationship. She described the interview as being very easy. The CO asked her when we met, when we started dating, and when we became engaged. She then congratulated her and said she would have her visa in 2 weeks. They kept her passport at the consulate.

 

A week later she received an email stating they could not conclude the processing of her visa. She was refused under article 221(g) because her eligibility could not be clearly established. The email went on to say the refusal could be overcome with he submission of additional information. They asked her to email:

1. The dates and destinations of trips abroad in the past 15 years.
2. Full names of siblings, children and spouse (current and/or former).
3. All addresses for the past 15 years.
4. Prior passport numbers.
5. Brief description of prior occupation(s), if applicable. 

 

About two days after sending this info she received an email stating she was approved. After about 3 days the status was not changed in the system and she inquired about what was going on. She then was told to disregard the previous email of an approval and that she was still in Administrative Processing. So far it has been almost 6 weeks since her interview.

 

A family friend who has experience in this matter said that they may be looking at the fact that she overstayed her J-1 visa for 4 months. Could this be the issue? How long should we anticipate for this process to take? Are we in danger of a denial? Has anyone else had similar experiences? If so what advice could you offer?

 

Thank you so much for taking the time to read.
 

 

[julianC 0]

can anyone help here?

[FelixNTaleighsha 0]

I don't know about Brazil but my husband has been stuck in Guatemala AP for 4 months. Still no word, I check my email everyday, and we have 3 kids together. 

[julianC 0]

wow, did they give a reason for the AP?

[Ardilla818 2]

On 10/29/2018 at 3:39 AM, FelixNTaleighsha said:

I don't know about Brazil but my husband has been stuck in Guatemala AP for 4 months. Still no word, I check my email everyday, and we have 3 kids together. 

You should email them through their website under public inquiry ask what is taking so long

[FelixNTaleighsha 0]

Ok I will. I'm down to try anything at this point, since emailing them is a joke. Thank you for your response.

[julianC 0]

hello all,

 

yesterday we checked the status of our case online. The status has switched from "Administrative Processing" to "Ready" 

 

 

Your case is ready for your interview when scheduled at the U.S. Consular section. If you have already scheduled an appointment for an interview, please prepare your documents as directed in your appointment letter and appear at the consulate on the appointed date and time. Otherwise, please wait until you have been notified of your interview appointment. Additional information about how Immigrant Visa interview appointments are scheduled can be found at:http://nvc.state.gov/interview 

For more information, please visit TRAVEL.STATE.GOV.

 

The case also said it was updated on Nov. 26. Today when checking again it reads the same message, but says it was updated again today (Nov. 27). I am wondering if anyone has experienced this update before. Does this mean my fiancee needs to schedule a 2nd interview at the Consulate? I figured it would be better to reach out to you folks before emailing the consulate in Rio.

 

Thanks for any help and advice offered!

 

 

 

[GP1977 288]

28 minutes ago, julianC said:

hello all,

 

yesterday we checked the status of our case online. The status has switched from "Administrative Processing" to "Ready" 

 

 

Your case is ready for your interview when scheduled at the U.S. Consular section. If you have already scheduled an appointment for an interview, please prepare your documents as directed in your appointment letter and appear at the consulate on the appointed date and time. Otherwise, please wait until you have been notified of your interview appointment. Additional information about how Immigrant Visa interview appointments are scheduled can be found at:http://nvc.state.gov/interview 

For more information, please visit TRAVEL.STATE.GOV.

 

The case also said it was updated on Nov. 26. Today when checking again it reads the same message, but says it was updated again today (Nov. 27). I am wondering if anyone has experienced this update before. Does this mean my fiancee needs to schedule a 2nd interview at the Consulate? I figured it would be better to reach out to you folks before emailing the consulate in Rio.

 

Thanks for any help and advice offered!

 

 

 

Has it switched over from saying Immigrant Visa to Nonimmigrant Visa on the CEAC website?  You can usually tell when that happens when you say a new case creation date.  Once that happens they are issuing the Visa.

 

[julianC 0]

It looks like it is still saying immigrant.... here is a screen shot.