K-1 Visa- Administrative Processing Immediately After Interview

[Allie&Andrew 5]

Hello VisaJourney,

 

This is a tough one for me to type out- my fiancé and I have had a few rough days.

Basically, he went to his interview at the US embassy in London last Wednesday and we were put into Administrative Processing immediately after the interview. I feel like this might be a little different because when I search the VJ forums for some similar situations and guidance, I saw that most Admin Processing occurred after being “approved” at the time of the interview.

 

Here’s a bit of background info:

• • Andrew and I met in 2011 at a music festival in Florida and became friends. We didn’t start dating until 2017. We got engaged in 2018. Before we even began the process, he told me that he had an arrest on his record from when he was 19 (we are both 31 this year).
  • This arrest occurred at a train station when he was highly intoxicated. He apparently got into an argument with a worker at the station and this worker called the authorities. He was taken into custody and made to sleep there. The next morning, he told the officers that he didn’t remember anything that had happened and they told him that both his friends who were there made statements that he was being aggressive and that the arrest was warranted. They told him to sign a paper, a “confession,” admitting to what he’d done because there were witnesses. Andrew has never been a violent person, even as a silly college kid on drunken nights and definitely not any time since, so this was very strange-sounding to him. Very upset by what the police were telling him, he signed and exited the station to find his friends waiting, both saying that he had not been aggressive with the worker and they told the Police this. The woman at the front desk also made him sign a paper acknowledging what he was being charged with…. ASSAULT. He asked the woman why it said assault as that was not what happened, and the woman said “we have to file it under something.. don’t worry about it.” You can see from this story that Andrew has been trying to forget about this night since it happened- to the point that over the years, he has forgotten the date/time of the event. He doesn’t even know what type of assault he was charged with.  He has not had ANY trouble with the law since.
  • Because of all of this, we decided to hire a lawyer to get us through the process. Included in the paperwork was Andrew’s Police Certificate which stated “No Live Trace”—obviously meaning that there is *something* on his record.
  • Our NOA1 was received on Aug. 16, 2018. Our NOA2 was received on Jan. 14, 2019.
  • His interview was at 11:30am on April 3^rd. He was very nervous about being asked about his arrest but would give them any information he could remember. He said the woman interviewing him was cold and unfriendly, which made him more nervous and eventually she asked about the arrest. He couldn’t provide the specific time/date of the arrest or what kind of assault he was charged with.. Our mistakes are known here: We were naïve in thinking they wouldn’t press for those details/ thinking they’d already looked up the details themselves. We also wish our lawyer would have prepared us for this
  • At the end she filled out and handed him the piece of paper that said our case was going to Administrative Processing. When he asked how long that might take, she just said “I don’t know.”

 

Is there any advice anyone on here could give us about this? Our story seemed unique enough that I couldn’t find anything similar and we are so worried/upset by this result. Will they just look into the arrest themselves or have us get the additional records from ACRO? Will there be a second interview? With something like “assault” will there just be an automatic denial???

We’re really struggling to stay positive here. Any advice would be appreciated..

 

-Allie & Andrew

[SalishSea 16,718]

4 minutes ago, Allie&Andrew said:

Hello VisaJourney,

 

This is a tough one for me to type out- my fiancé and I have had a few rough days.

Basically, he went to his interview at the US embassy in London last Wednesday and we were put into Administrative Processing immediately after the interview. I feel like this might be a little different because when I search the VJ forums for some similar situations and guidance, I saw that most Admin Processing occurred after being “approved” at the time of the interview.

 

Here’s a bit of background info:

• • Andrew and I met in 2011 at a music festival in Florida and became friends. We didn’t start dating until 2017. We got engaged in 2018. Before we even began the process, he told me that he had an arrest on his record from when he was 19 (we are both 31 this year).
  • This arrest occurred at a train station when he was highly intoxicated. He apparently got into an argument with a worker at the station and this worker called the authorities. He was taken into custody and made to sleep there. The next morning, he told the officers that he didn’t remember anything that had happened and they told him that both his friends who were there made statements that he was being aggressive and that the arrest was warranted. They told him to sign a paper, a “confession,” admitting to what he’d done because there were witnesses. Andrew has never been a violent person, even as a silly college kid on drunken nights and definitely not any time since, so this was very strange-sounding to him. Very upset by what the police were telling him, he signed and exited the station to find his friends waiting, both saying that he had not been aggressive with the worker and they told the Police this. The woman at the front desk also made him sign a paper acknowledging what he was being charged with…. ASSAULT. He asked the woman why it said assault as that was not what happened, and the woman said “we have to file it under something.. don’t worry about it.” You can see from this story that Andrew has been trying to forget about this night since it happened- to the point that over the years, he has forgotten the date/time of the event. He doesn’t even know what type of assault he was charged with.  He has not had ANY trouble with the law since.
  • Because of all of this, we decided to hire a lawyer to get us through the process. Included in the paperwork was Andrew’s Police Certificate which stated “No Live Trace”—obviously meaning that there is *something* on his record.
  • Our NOA1 was received on Aug. 16, 2018. Our NOA2 was received on Jan. 14, 2019.
  • His interview was at 11:30am on April 3^rd. He was very nervous about being asked about his arrest but would give them any information he could remember. He said the woman interviewing him was cold and unfriendly, which made him more nervous and eventually she asked about the arrest. He couldn’t provide the specific time/date of the arrest or what kind of assault he was charged with.. Our mistakes are known here: We were naïve in thinking they wouldn’t press for those details/ thinking they’d already looked up the details themselves. We also wish our lawyer would have prepared us for this
  • At the end she filled out and handed him the piece of paper that said our case was going to Administrative Processing. When he asked how long that might take, she just said “I don’t know.”

 

Is there any advice anyone on here could give us about this? Our story seemed unique enough that I couldn’t find anything similar and we are so worried/upset by this result. Will they just look into the arrest themselves or have us get the additional records from ACRO? Will there be a second interview? With something like “assault” will there just be an automatic denial???

We’re really struggling to stay positive here. Any advice would be appreciated..

 

-Allie & Andrew

The US embassy won't be obtaining his records.  That is the petitioner/applicant's job.  What did you provide with the petition?

[geowrian 22,335]

Assuming they did not request any additional documents, there’s nothing to do at this point but wait. Presumably they are looking into the event to determine if there was a CIMT involved or not. If not, and everything else checks out, he should be fine. If it is, then he will be deemed inadmissible. There is a waiver available via an I-601, but that only comes into play after they complete the investigation and determine the (was able) inadmissibility.

 

The lawyer definitely should have prepared you more for the questions they would ask about the event. It would be expected to come up.

[Allie&Andrew 5]

5 minutes ago, Jorgedig said:

The US embassy won't be obtaining his records.  That is the petitioner/applicant's job.  What did you provide with the petition?

The police certificate. It was all our lawyer told us to provide at the time of handing in the petition. 
 

We did just fill out the form for SAR (subject access request) to see for ourselves what is on his record, even though we have been given no direction to do so at this time. Although, there's a good chance we would need it anyway. 

Edited April 8, 2019 by Allie&Andrew

[Wuozopo 4,285]

14 minutes ago, Allie&Andrew said:

The police certificate. It was all our lawyer told us to provide at the time of handing in the petition. 
 

We did just fill out the form for SAR (subject access request) to see for ourselves what is on his record, even though we have been given no direction to do so at this time. Although, there's a good chance we would need it anyway. 

 

UK people with "no live trace" and no details on their case provided on the police certificate usually submit a SAR at the interview. It allows the officer to know the full information that is on record. Or they obtain a Memorandum of Conviction from the court.  Your administrative processing is the time they spend getting the details you did not provide for them. Every K1 interview in London switches briefly to AP at some point while they shuffle papers. Yours came quicker and probably will last longer simply because they have to go seek out information. 

 

The K1 instruction link that London sends to each beneficiary has on the "Required Documents" page

 

Court and Prison Records (if applicable)

If you have been been convicted of a crime you must obtain a certified copy of each court record and any prison record, regardless of the fact that you may have subsequently benefited from an amnesty, pardon or other act of clemency or the United Kingdom Rehabilitation of Offenders Act.

Court records should include: Complete information regarding the circumstance surrounding the crime of which you were convicted and the disposition of the case, including sentence or other penalty or fine imposed;

 

 

[Crazy Cat 39,136]

I think it's too early to panic.  Administrative Processing isn't uncommon even in London....they could come back and ask for more documentation....try to be patient........good luck.

[Allie&Andrew 5]

59 minutes ago, Allie&Andrew said:

Hello VisaJourney,

 

This is a tough one for me to type out- my fiancé and I have had a few rough days.

Basically, he went to his interview at the US embassy in London last Wednesday and we were put into Administrative Processing immediately after the interview. I feel like this might be a little different because when I search the VJ forums for some similar situations and guidance, I saw that most Admin Processing occurred after being “approved” at the time of the interview.

 

Here’s a bit of background info:

• • Andrew and I met in 2011 at a music festival in Florida and became friends. We didn’t start dating until 2017. We got engaged in 2018. Before we even began the process, he told me that he had an arrest on his record from when he was 19 (we are both 31 this year).
  • This arrest occurred at a train station when he was highly intoxicated. He apparently got into an argument with a worker at the station and this worker called the authorities. He was taken into custody and made to sleep there. The next morning, he told the officers that he didn’t remember anything that had happened and they told him that both his friends who were there made statements that he was being aggressive and that the arrest was warranted. They told him to sign a paper, a “confession,” admitting to what he’d done because there were witnesses. Andrew has never been a violent person, even as a silly college kid on drunken nights and definitely not any time since, so this was very strange-sounding to him. Very upset by what the police were telling him, he signed and exited the station to find his friends waiting, both saying that he had not been aggressive with the worker and they told the Police this. The woman at the front desk also made him sign a paper acknowledging what he was being charged with…. ASSAULT. He asked the woman why it said assault as that was not what happened, and the woman said “we have to file it under something.. don’t worry about it.” You can see from this story that Andrew has been trying to forget about this night since it happened- to the point that over the years, he has forgotten the date/time of the event. He doesn’t even know what type of assault he was charged with.  He has not had ANY trouble with the law since.
  • Because of all of this, we decided to hire a lawyer to get us through the process. Included in the paperwork was Andrew’s Police Certificate which stated “No Live Trace”—obviously meaning that there is *something* on his record.
  • Our NOA1 was received on Aug. 16, 2018. Our NOA2 was received on Jan. 14, 2019.
  • His interview was at 11:30am on April 3^rd. He was very nervous about being asked about his arrest but would give them any information he could remember. He said the woman interviewing him was cold and unfriendly, which made him more nervous and eventually she asked about the arrest. He couldn’t provide the specific time/date of the arrest or what kind of assault he was charged with.. Our mistakes are known here: We were naïve in thinking they wouldn’t press for those details/ thinking they’d already looked up the details themselves. We also wish our lawyer would have prepared us for this
  • At the end she filled out and handed him the piece of paper that said our case was going to Administrative Processing. When he asked how long that might take, she just said “I don’t know.”

 

Is there any advice anyone on here could give us about this? Our story seemed unique enough that I couldn’t find anything similar and we are so worried/upset by this result. Will they just look into the arrest themselves or have us get the additional records from ACRO? Will there be a second interview? With something like “assault” will there just be an automatic denial???

We’re really struggling to stay positive here. Any advice would be appreciated..

 

-Allie & Andrew

I feel the need to mention that Andrew was issued a Caution after his run-in with the law. That may be obvious to some of you, but I wasn't sure. He never went to court or spent any time in jail beside the one night. 

Also, thank you for your replies. We've done some additional research based on your replies and we do feel a little better about the situation. 

[geowrian 22,335]

4 minutes ago, Allie&Andrew said:

I feel the need to mention that Andrew was issued a Caution after his run-in with the law. That may be obvious to some of you, but I wasn't sure. He never went to court or spent any time in jail beside the one night. 

Understood. Just be aware that US immigration treats a caution the same as a conviction.

 

Best wishes. It’s a hard waiting game but you’ll get there.

[EnglishLove 112]

4 minutes ago, Allie&Andrew said:

I feel the need to mention that Andrew was issued a Caution after his run-in with the law. That may be obvious to some of you, but I wasn't sure. He never went to court or spent any time in jail beside the one night. 

Also, thank you for your replies. We've done some additional research based on your replies and we do feel a little better about the situation. 

My fiance has two adult cautions on his record, the last one being considered a CIMT crime, so this is what I'm worried about as well. 

[Wuozopo 4,285]

5 minutes ago, Allie&Andrew said:

I feel the need to mention that Andrew was issued a Caution after his run-in with the law. That may be obvious to some of you, but I wasn't sure. He never went to court or spent any time in jail beside the one night. 

Also, thank you for your replies. We've done some additional research based on your replies and we do feel a little better about the situation. 

In the UK a "caution" is basically a guilty plea and acceptance of any fine or penalty and skips a further court date. It's nothing like a "warning" from a policeman in the States where no action is taken. So he has a conviction which is hidden, but the US wants to know about it. His SAR will include the details. Since he did not go to court, the MOC won't be available or needed. 

[C-ma'am 684]

**Post moved from K1 Process to Progress Reports where similar posts are discussed

 

[Newuser4453454 79]

Hey.

 

I wanted to comment on this because we had a sort of similar situation around Christmas. Got to the interview, and was handed a 221g and told that the case needed additional administrative processing. In our case, it was for a No Live Trace on a traffic violation (Failure to Stop) that we did provide an SAR for, so I'm not sure how much difference it makes in the long run. Our interview was on Dec 14th where it went into Administrative Processing, and then we were approved by Jan. 8th when it went into issued.

 

Few quesitons

 

1. Are you in Non-Immigrant Administrative Processing or Immigrant Administrative Processing ? (It will say so right above the case when you check the status)

2. Did they keep his passport?

[Allie&Andrew 5]

Thank you everyone.

 

I *did* read a while back when we first started the process that Cautions were treated as convictions, but after describing the situation to our lawyer and hearing what documents we needed, we thought everything was fine.

In hindsight, I really wish I had gone on these forums to prepare instead of relying so heavily on our lawyer who, by the way, charged us more money than normal because Andrew had a Caution. Still feeling salty about this, as you can tell, but there isn’t a thing we can do about it now but wait.

[Allie&Andrew 5]

1 hour ago, NearEthereal said:

Hey.

 

I wanted to comment on this because we had a sort of similar situation around Christmas. Got to the interview, and was handed a 221g and told that the case needed additional administrative processing. In our case, it was for a No Live Trace on a traffic violation (Failure to Stop) that we did provide an SAR for, so I'm not sure how much difference it makes in the long run. Our interview was on Dec 14th where it went into Administrative Processing, and then we were approved by Jan. 8th when it went into issued.

 

Few quesitons

 

1. Are you in Non-Immigrant Administrative Processing or Immigrant Administrative Processing ? (It will say so right above the case when you check the status)

2. Did they keep his passport?

hey, 

 

That's so great you were approved. I don't know the number of the form Andrew was given and he is asleep now, otherwise I'd ask him. 

To answer your questions:

 

1. I believe we are in Immigrant Admin Processing, but I'm not sure. Attached a screenshot of our status from the website. What is the difference?
2. Yes, they kept his passport.

{Image removed}

Edited April 9, 2019 by Unlockable
Removed image with personal information

[Newuser4453454 79]

Alright, I don't want to sound too  sure because every case is different, but this sounds a lot like my case (And you can look into my previous posts to see my adventure in anxiety). Keeping the passport is a great sign 9 out of 10 times.

 

We started out in Immigrant, and moved to non -immigrant Ready, then Admin Processing in about 5 business days. About 10 business days after that (Christmas and New Year thrown in for extra waiting) we were issued. It sounds like you may be looking into something similar. Normally they would not keep the passport if they didn't think this would be quick and eventually end in an issue. \

 

As an aside, you want to redact that screenshot and blank out your case #. It's identifying information.