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Maxanne

Administrative process after interview

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Hi everyone! Hope you can help me with my case. 

It's our 2nd applying for k1 visa with k2 and unfortunately i was given the 221g stating that my visa is refused for administrative process last Thursday.The first application was 2015, right after the interview i was given the 221g and noted there "did not reconsiderate the prior marriage". We did not get any email or notifications after a year (2016) the USCIS sent a letter to my fiance that our application has expired already. 

 

We gathered all the documents we thought they needed based on the results on our first application before we re applied for another k1 visa and we also hired a lawyer to process everything but still put under admistrative process. 😢😢😢

 

Here's our situation: 

We are actually married (2007) through Muslim court.  We're both converted as Muslim prior to the marriage. I was the 2nd wife and under US Law, my marriage with him is null and void that's why we applied for k1 visa. He divorces his 1st wife here in the philippines and we already have a copy of annotated marriage and finality of their divorced. He's been in a failed marriages 5th times in the US (hope you don't discriminate due to his failed marriages 😓😓😓) and submitted all his divorce copy to the USCIS and the embassy here. On the day of the interview just last Thursday, I was asked about our relationship and told him everything including our marriage and told him that our marriage is null and void under US Law but we are married here in the philippines. And then when he checked all his previous marriages, I saw his facial reactions and I knew that it's not going to be okay. Unfortunately, he gave me the white paper(221g) and checked the box stating that your visa is refused for administrative process and gave me back our passport. We've been together for 11 years now. We have 2 kids already and i have 1 daughter out of wedlock. 

 

Please enlighten me.  Thank you

Edited by Maxanne

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You'll either get the K-1 or you're in the "too married for K-1, not married enough for CR-1/IR-1" situation.

If it's the latter then now that he divorced the 1st wife you need to re-marry because the first time you got married he already was married therefore that marriage is void. (In the US' eyes, that is.) Then apply for a spousal visa.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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7 minutes ago, EM_Vandaveer said:

You'll either get the K-1 or you're in the "too married for K-1, not married enough for CR-1/IR-1" situation.

If it's the latter then now that he divorced the 1st wife you need to re-marry because the first time you got married he already was married therefore that marriage is void. (In the US' eyes, that is.) Then apply for a spousal visa.

Agreed.  This is probably your best shot at successfully obtaining a visa, especially since you disclosed you are married to him (regardless of its actual validity in the US) because it makes you ineligible for the K-1 based on the response above.

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6 hours ago, EM_Vandaveer said:

You'll either get the K-1 or you're in the "too married for K-1, not married enough for CR-1/IR-1" situation.

If it's the latter then now that he divorced the 1st wife you need to re-marry because the first time you got married he already was married therefore that marriage is void. (In the US' eyes, that is.) Then apply for a spousal visa.

Thank you all for your response. That's what I thought so too that we are too married for a k1 visa but because of circumstances and based on what our lawyer said that k1 visa was just right for us since our marriage is void. I do hope that the consular or who ever is examining our papers that we submitted hopefully they will gives us a notification or issue us a visa if not, we are just going to re marry and file for a spouse visa instead.  

Thanks again. Highly appreciate it 😊😊

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