Consulate Deadlines

[BlueSurf 0]

Okay... does anyone know of any agency rules or instructions that impose deadlines or provide strong prohibition to dawdling by the Consulate? Is there no presumption that the visa is approved if the Consulate fails to act on the request after so many days have passed after the interview? Kyiv continues to hold my fiance's passport without taking action. Both of us visited the Consulate again March 30th and urged that they take action. What to do? Original interview was in mid-November 2006.

[kitkat1 5]

Okay... does anyone know of any agency rules or instructions that impose deadlines or provide strong prohibition to dawdling by the Consulate? Is there no presumption that the visa is approved if the Consulate fails to act on the request after so many days have passed after the interview? Kyiv continues to hold my fiance's passport without taking action. Both of us visited the Consulate again March 30th and urged that they take action. What to do? Original interview was in mid-November 2006.

Wow. Have you contacted your senator? I would start there. Go to the senator's website, download the privacy form, fill it out with the basic information and a request for assistance and fax to the office. Call to follow up and get the name of the person assigned to your case. If you find they are not interested in helping you, try another office location or another senator. Good luck.

[BlueSurf 0]

It is good to hear from you again kit.... My congressman (with seniority of over 30 years of service) has started an inquiry. But, I fear that will only cause them to be more cautious about their decisions at the Consulate. Meanwhile, my fiance's daughter has been sick with spring colds. I just wish that they were here and I could take care of them with good medical assistance!

[kitkat1 5]

It is good to hear from you again kit.... My congressman (with seniority of over 30 years of service) has started an inquiry. But, I fear that will only cause them to be more cautious about their decisions at the Consulate. Meanwhile, my fiance's daughter has been sick with spring colds. I just wish that they were here and I could take care of them with good medical assistance!

Hhmmm - well I guess the first question is has the visa been approved or what is the delay about - did you have to supply additional documentation or anything out of the ordinary? Although I agree it feels a little scary to do something that you feel like might impact their decision, a congressional inquiry cannot impact that - they have to follow the law. And I think an inquiry is the only way to get them moving.

[BlueSurf 0]

"...they have to follow the law."

That kit, is my question. Is there any law (or agency instruction) that gives a deadline to disposition following the interview? Or, is everything within the discretion of the officer ( when, how, what for...). What are the guidlines that keep the officer's exercise of discretion within normal bounds? I responded to the IMBRA inquiry, and my application was approved and sent to the Consulate for the interview. The interview was held November 2006. IMO, it is not for the Consulate to re-hash the IMBRA issues apart from verifying that all the disclosures have been made to the beneficiary and her daughter's father. I don't think there is any issue on her side of things. I sense that they have questions about me, and I gave them every opportunity to question me when Valya and I went to the Consulate in March 2007.

[kitkat1 5]

So have they not yet made a decision on the visa? Are you on AP or AR?

I would push your congressman to get a timely response. I don't know of any law that gives them a deadline but maybe your congressman's office could answer that?

Good luck!

[BlueSurf 0]

I received word from my Congressman this morning that our case has been transfered back from the Consulate to USCIS. Neither I or my fiance have received any notice of this. I do not know where the passport we delivered to the Consulate has ended up. If I were to guess, it seems that the Consulate does not agree with the USCIS' original approval of the application, and has asked that the decision be changed. I hope that is not the case. At any rate, I see that this will delay things for another 9 months (at least), and will likely jeapordize our ability to enroll the daughter in the next school year here in the USA... much sadness.

Edited May 22, 2007 by BlueSurf

[kitkat1 5]

I received word from my Congressman this morning that our case has been transfered back from the Consulate to USCIS. Neither I or my fiance have received any notice of this. I do not know where the passport we delivered to the Consulate has ended up. If I were to guess, it seems that the Consulate does not agree with the USCIS' original approval of the application, and has asked that the decision be changed. I hope that is not the case. At any rate, I see that this will delay things for another 9 months (at least), and will likely jeapordize our ability to enroll the daughter in the next school year here in the USA... much sadness.

I'm so sorry to hear this. Be sure to read through this thread - hopefully you'll find some helpful information:

http://www.visajourney.com/forums/index.php?showtopic=2687

Good luck.