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Jordan J

Going forward with Wedding while on AP.

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Hello Everyone,

Just wanted to ask your honest opinion and some moral support from anyone of you, who may have been in similar situation.
Me and my fiance (from Morocco) got engaged in 2017. My fiance's (K-1) interview at Embassy was on Oct 2017, since then;
she has been placed on AP for about a year now. The AP was for 221(g). Submit DS-5535 via email and mail missing police report.
The interview went well as they took her passport. The following week, she sent all missing documents and were received on their
end. But still on AP.

Contacted Embassy last week and got reply, saying the case is still in AP. We both are tired of AP, as it's not going anywhere.
We are planning to get married in Dec of this year. We both had been strong and understanding during these last 13 months.
But we want to get married to solidify our relationship and to make it easy for our worry-some parents. Plus its makes more sense
and logical to wait as husband and wife (after refiling for CR-1). This Wedding may also remove any doubts if there is any, in this
relationship. 


We both are from same religion, first marriage and no kids.. she is 9 years younger than me. And I have visited 4-times to Morocco
from the day we meet.

Fiance K-1 visa is still active in AP mode, we both are confused and don't know what should be done at the moment. Is it wise to
make this move. "Wedding while on AP"

 

Thanks

- Jordan J

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You can.... or wait out the AP. If you do make sure to withdraw the case from the embassy and probably notify USCIS that you are canceling the petition.

 

Just getting married though doesn't "fix" things with the embassy for the CR-1 visa. This is what people always think, but it doesn't. You need to know what the hold up is... is it for doubt in the relationship? Is it a background security check issue? 


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifvd9wauve2wlsd9fuctxk.gifgiphy.gif     

 

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5 minutes ago, Ben&Zian said:

You can.... or wait out the AP. If you do make sure to withdraw the case from the embassy and probably notify USCIS that you are canceling the petition.

 

Just getting married though doesn't "fix" things with the embassy for the CR-1 visa. This is what people always think, but it doesn't. You need to know what the hold up is... is it for doubt in the relationship? Is it a background security check issue? 

The uscis doesn't care about the petition because they are already done with it.  Once the embassy is notified it will be returned and archived 


YMMV

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The DS-5535 is currently taking around 1 year for processing in Casablanca (someone here on VJ was just approved after waiting 13 months). Do they still have her passport? 

You could be hearing very soon, and it would be unfortunate if you were to go and marry now, and then the DS-5535 processing is completed and she is 'approved' but cannot use the K1 visa. But I understand your desire to try to move on to the CR1 because the wait under AP is just so unknown. You could go ahead and get married, but they may ask for evidence that the K1 petition was either refused or expired when your fiance (wife) goes for her interview. And she could still be asked to submit the DS-5535 again after a CR1 interview, especially if they note that it was not fully processed the first time. 

 

You are stuck in a situation where there is no clear good or bad path. If I were in your situation, I'd wait until the end of the year to see if any progress is made with the DS-5535. Then consider the option of marrying in the new year. 

 

I hope everything works out for you. 

 


K1 Visa Process                                                                                                   

Spoiler

 

December 19, 2016: NOA1 receive date 

May 5, 2017: NOA2 hardcopy (still listed as 'received' online...)

May 23, 2017: NVC case number assigned

July 10, 2017: Interview
July 14, 2017: Visa in hand
July 27, 2017: POE at ORD

August 5, 2017: Married!

 

See my 'About Me' section on my profile for a more detailed step by step journey of our K1 Journey through the Casablanca consulate in Morocco

 

AOS Process  

September 8, 2017 : Mailed AOS Packet

September 16, 2017 : NOA1 text/emails (receive date Sept. 12)

October 2, 2017 : Biometrics Appointment

October 13, 2017 : RFIE letter received in mail (they want an English translated Birth Certificate, which we included in the original petition...)

January 24, 2018: EAD/AP Combo Card in hand

August 9, 2018: AOS Interview (Approved)

August 9, 2018: "Card in Production"

August 16, 2018: Green card in hand

 

May 2020: ROC!

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@RJandHamid We both don't want to wait for another round of CR-1 processing + AP when we file for CR-1. You are correct, about DS-5535.
We will push back to as far as March, if its needed, as I didn't know; it's taking about a year from Casa Embassy for AP. I will wait out few more
months and use our initial K-1 filing as we waited for so long. And yes they still have her passport. Thanks you for your reply and support.

 

-JJ

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