Advice need urgently please

[IknBarbie 10]

17 minutes ago, JT4/25 said:

they wont give her any information there.  I tried way back when and flew over to Italy too...and they dont take phone calls either.  I had better luck when my Senator sent one simple email on my behalf....when I returned.  They finally started to give answers!

Thanks but were you in any form of AP and we also contacted the congressman in New Jersey but they said we have to be patient 

Edited February 13, 2019 by IknBarbie

[SalishSea 16,746]

52 minutes ago, IknBarbie said:

Thanks but were you in any form of AP and we also contacted the congressman in New Jersey but they said we have to be patient 

Correct.  You cannot expedite or have a congressional rep expedite background checks.

 

Were you born in a different country from Italy?

[IknBarbie 10]

4 hours ago, Jorgedig said:

Correct.  You cannot expedite or have a congressional rep expedite background checks.

 

Were you born in a different country from Italy?

Yes We were both born in Nigeria.. but we got married in Italy in 2017 after she was legally divorced from her former American husband 

i have known her 15+ years now we dated for 6 years before she left for America for study then our relationship went south after that 

but now we know better and we have decided to spend the rest of our life together 

Edited February 14, 2019 by IknBarbie

[GP1977 288]

13 hours ago, IknBarbie said:

Quick question 

 We are in administrative process for two months already for cr1 visa and my wife is due to visit this weekend and she emailed the consulate that she’s visiting but we got no reply yet 

is it okay to visit the embassy upon arrival as she is a USC or she must make an appointment before being allowed in the embassy?

Thanks in advance for your response 🙏🏾

 

As others have stated you probably wont have much luck speaking with the embassy regarding the case.

 

1) An american citizen can get access inside an embassy but only to american citizen services - this is for lost passport issues, notary services, citizen service for being abroad, etc.  I dont know about the Italian embassy but in many embassy's the consular section is seperated from the rest of the embassy and you can't access the consular section from AMerican Citizen Services.  They almost act as independent.  And even if you did access american citizen services and you could walk to the consular section you would be doing so under false pretenses and it wouldn't make them happy.

 

2) Even if you can get access to the consular section they operate under a strict set of procedures and rules.  They wont tell you anything except your case is under AP and they cant tell you why.  The reason for it is classified and they dont want people to know what checks they are doing as they dont want people gaming the system in the future.  You have to let them do whatever checks they have to do and accept it and move in. 

 

YOu might be able to deduce why you are in AP based upon your interview and the questions that were asked.  Otherwise you are just going to have to wait it out and if it becomes an extended wait, you can file a writ of mandamus and ask a judge to force to DOS to make a decision.  I wouldn't even think of going down that path until its been a year and even then its a tough burden to get the judge to grant it - and even if the judge grants it - it forces to the DOS to make a decision - doesn't mean its a yes. and if they dont have their checks completed - they will ask for more time and if you say no,, they will deny it

 

 

[IknBarbie 10]

9 minutes ago, GP1977 said:

As others have stated you probably wont have much luck speaking with the embassy regarding the case.

 

1) An american citizen can get access inside an embassy but only to american citizen services - this is for lost passport issues, notary services, citizen service for being abroad, etc.  I dont know about the Italian embassy but in many embassy's the consular section is seperated from the rest of the embassy and you can't access the consular section from AMerican Citizen Services.  They almost act as independent.  And even if you did access american citizen services and you could walk to the consular section you would be doing so under false pretenses and it wouldn't make them happy.

 

2) Even if you can get access to the consular section they operate under a strict set of procedures and rules.  They wont tell you anything except your case is under AP and they cant tell you why.  The reason for it is classified and they dont want people to know what checks they are doing as they dont want people gaming the system in the future.  You have to let them do whatever checks they have to do and accept it and move in. 

 

YOu might be able to deduce why you are in AP based upon your interview and the questions that were asked.  Otherwise you are just going to have to wait it out and if it becomes an extended wait, you can file a writ of mandamus and ask a judge to force to DOS to make a decision.  I wouldn't even think of going down that path until its been a year and even then its a tough burden to get the judge to grant it - and even if the judge grants it - it forces to the DOS to make a decision - doesn't mean its a yes. and if they dont have their checks completed - they will ask for more time and if you say no,, they will deny it

 

 

Thank you for taking time to explain this 

🙏🏾

[GP1977 288]

3 minutes ago, IknBarbie said:

Thank you for taking time to explain this 

🙏🏾

I wish you the best of luck. AP is a black hole and its frustrating being seperated from your loved ones.  The good news is that most people do get out of it.  

[Illiria 980]

2 hours ago, IknBarbie said:

Yes We were both born in Nigeria.. but we got married in Italy in 2017 after she was legally divorced from her former American husband 

i have known her 15+ years now we dated for 6 years before she left for America for study then our relationship went south after that 

but now we know better and we have decided to spend the rest of our life together 

This is going to sound harsh but please think of it from the consulates perspective.

 

They will view it as, you two date, she goes to America and marries an American, gets green card, she divorces, then you two marry to get you a green card.

 

This is the classic scam scenario- not saying you are scamming - just that this scenario has been used countless times to get a couple to the us. The couple ‘splits up’ only to get back together once the process is over, because of this the petitioning form even has a rule for if a green card holder got their green card from marriage in the last five years as to having to prove more that it wasn’t a scam. They are probably doing research to make sure you didn’t plan all of this. 

 

In case of the worst case scenario has she considered moving to Italy? 

[IknBarbie 10]

26 minutes ago, Illiria said:

This is going to sound harsh but please think of it from the consulates perspective.

 

They will view it as, you two date, she goes to America and marries an American, gets green card, she divorces, then you two marry to get you a green card.

 

This is the classic scam scenario- not saying you are scamming - just that this scenario has been used countless times to get a couple to the us. The couple ‘splits up’ only to get back together once the process is over, because of this the petitioning form even has a rule for if a green card holder got their green card from marriage in the last five years as to having to prove more that it wasn’t a scam. They are probably doing research to make sure you didn’t plan all of this. 

 

In case of the worst case scenario has she considered moving to Italy? 

She is a US citizen not green card Holder And I will never wish divorce for anybody and I knew she was married and had a son I was happy for her    

 

And i wouldnt have known she was divorced if it wasn’t for my sister who was still friends with her on social media. but I never stopped loving her but we were young and dumb and things was the way it turned out 

 

like I said we know what we want now