AP Timelines

[Derik-Lina 230]

Consulates are unable to give clear answers in regards to AP timelines.

Who can I contact for semi detailed answers? Any government Agencies?

 

My wife and I would like to plan our lives accordingly, and seeing some waiting for two years is discouraging  

On a positive note, there are few who were cleared within 1 and 3 months. We are entering our sixth month soon.

 

Thanks,

[Ben&Zian 4,397]

5 minutes ago, Derik-Lina said:

Consulates are unable to give clear answers in regards to AP timelines.

Who can I contact for semi detailed answers? Any government Agencies?

 

My wife and I would like to plan our lives accordingly, and seeing some waiting for two years is discouraging  

On a positive note, there are few who were cleared within 1 and 3 months. We are entering our sixth month soon.

 

Thanks,

 

AP is open ended. There is no definitive time line for it. Can be 2-3 days, 2-3 weeks, 2-3 months, even 1-2+ years. Couple members here recently had hit 18+ months.

 

It can not be bypassed or expedited.

 

the USC can ask their congress person/representative, but they can only "nudge" the embassy, they can not force them to make a decision.  The embassy has their own unique power.

 

You can, if desired, write a "writ of mandamus"... but usually people don't until after 1 year, and usually as far as I am aware, because of that, the embassy essentially denies the visa because they had not yet finished their process.

 

[SalishSea 16,776]

No such thing as an AP timeline.  It takes the time that it takes.  

[Derik-Lina 230]

2 minutes ago, Ben&Zian said:

 

AP is open ended. There is no definitive time line for it. Can be 2-3 days, 2-3 weeks, 2-3 months, even 1-2+ years. Couple members here recently had hit 18+ months.

 

It can not be bypassed or expedited.

 

the USC can ask their congress person/representative, but they can only "nudge" the embassy, they can not force them to make a decision.  The embassy has their own unique power.

 

You can, if desired, write a "writ of mandamus"... but usually people don't until after 1 year, and usually as far as I am aware, because of that, the embassy essentially denies the visa because they had not yet finished their process.

 

Aware of all that you wrote. Thank you.

Is your husband or Fiancee stuck in AP? 

Am I safe to to write you give no Solutions above? Except waiting and maybe for over 18 months?

Thank you very much again and best of luck to you and your loved one.

 

 

[Derik-Lina 230]

Just now, Jorgedig said:

No such thing as an AP timeline.  It takes the time that it takes.  

Are you in AP? It can take indefinite time? Thank you  

[SalishSea 16,776]

2 minutes ago, Derik-Lina said:

Are you in AP? It can take indefinite time? Thank you  

I am not in AP.  Yes, it can take indefinite time.

[Hobidyali 267]

4 minutes ago, Derik-Lina said:

Aware of all that you wrote. Thank you.

Is your husband or Fiancee stuck in AP? 

Am I safe to to write you give no Solutions above? Except waiting and maybe for over 18 months?

Thank you very much again and best of luck to you and your loved one.

 

 

 

4 minutes ago, Derik-Lina said:

Aware of all that you wrote. Thank you.

Is your husband or Fiancee stuck in AP? 

Am I safe to to write you give no Solutions above? Except waiting and maybe for over 18 months?

Thank you very much again and best of luck to you and your loved one.

 

 

Unfortunately, there's no solution to give, the answer is wait

 

[Ben&Zian 4,397]

No, luckily for us the Philippines is generally pretty short AP times. Again it really can vary by country do to different standards each has. You do not have to wait 18 months or any amount of time honestly, but when you do the "Writ of Mandamus", it is essentially forcing the embassy to make a decision and if they haven't finished the process, they usually just deny it since again, they had not finished conducting their checks.

[Derik-Lina 230]

20 hours ago, Ben&Zian said:

No, luckily for us the Philippines is generally pretty short AP times. Again it really can vary by country do to different standards each has. You do not have to wait 18 months or any amount of time honestly, but when you do the "Writ of Mandamus", it is essentially forcing the embassy to make a decision and if they haven't finished the process, they usually just deny it since again, they had not finished conducting their checks.

Thank you  

[pooch1986 19]

1 hour ago, Derik-Lina said:

Thank you  

Hey just a heads up that I have read a lot of misinformation about the mandamus on visajourney. Here is the bottomline: for the purpose of admin processing, very few mandamus lawsuits have been filed. Few attorneys have experience with it, and the sample size is too small to draw a conclusion one way or the other.

 

What is obvious is:

 

- You need to have waited at least 6 months in AP to do it (some lawyers say 1 year)

- The worst case that can happen (assuming there is nothing wrong with your case: fake marriage, criminal background, etc.) is that your case continues to remain in AP.

 

A common misconception which no attorney I have spoken to agrees with is that "if your background check is incomplete they will reject you". I yet have to find an attorney that agrees with this, and yet have to read a single piece of evidence or case that this actually happened. Best of luck.

[SalishSea 16,776]

4 hours ago, pooch1986 said:

Hey just a heads up that I have read a lot of misinformation about the mandamus on visajourney. Here is the bottomline: for the purpose of admin processing, very few mandamus lawsuits have been filed. Few attorneys have experience with it, and the sample size is too small to draw a conclusion one way or the other.

 

What is obvious is:

 

- You need to have waited at least 6 months in AP to do it (some lawyers say 1 year)

- The worst case that can happen (assuming there is nothing wrong with your case: fake marriage, criminal background, etc.) is that your case continues to remain in AP.

 

A common misconception which no attorney I have spoken to agrees with is that "if your background check is incomplete they will reject you". I yet have to find an attorney that agrees with this, and yet have to read a single piece of evidence or case that this actually happened. Best of luck.

What seems to be the word on the street here on VJ, is that by filing the writ, the consulate is "forced to make a decision,"  which by default will be a NOID if the background checks are not completed, i.e. there is not enough information to approve.

 

I don't have any personal knowledge of this process, but maybe @geowrian, @TBoneTX, @SusieQQQ, @aaron2020 or others may.

[geowrian 22,335]

I think too many people are focusing on the word "refused" but not entirely clear on what that means.

Here's my $0.02 since I was mentioned.

 

If you are not determined to be eligible for the visa, it must be refused. AP due to missing documents, background checks, etc. is really a refusal already (under INA 221(g), see below). These can be overcome once the additional documents/processing/investigation/whatever other cause is resolved. Refusal under 221(g) is by far the most common reason for a refusal of an immigrant visa (https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2018AnnualReport/FY18AnnualReport - TableXX.pdf).

For reference, INA 221(g):

"(g) Nonissuance of visas or other documents

...(2) the application fails to comply with the provisions of this chapter, or the regulations issued thereunder"

 

If a WoM was successful to force a decision and there was still not enough information to confirm eligibility for the visa, the visa must be refused (presumably under INA 221(g) still).

It doesn't mean the I-130 is sent back for revocation - the petition is still valid unless they discover a reason to believe otherwise.

It doesn't mean they stop background checks. The ineligibility can still be overcome.

 

5 hours ago, Jorgedig said:

which by default will be a NOID if the background checks are not completed

NOIDs are issued by USCIS. The petition is still valid unless they discover a reason to believe the petition is invalid.

I just wanted to note this because the topic is about AP, which only applies to that stage of the process.

[Derik-Lina 230]

11 minutes ago, geowrian said:

I think too many people are focusing on the word "refused" but not entirely clear on what that means.

Here's my $0.02 since I was mentioned.

 

If you are not determined to be eligible for the visa, it must be refused. AP due to missing documents, background checks, etc. is really a refusal already (under INA 221(g), see below). These can be overcome once the additional documents/processing/investigation/whatever other cause is resolved. Refusal under 221(g) is by far the most common reason for a refusal of an immigrant visa (https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2018AnnualReport/FY18AnnualReport - TableXX.pdf).

For reference, INA 221(g):

"(g) Nonissuance of visas or other documents

...(2) the application fails to comply with the provisions of this chapter, or the regulations issued thereunder"

 

If a WoM was successful to force a decision and there was still not enough information to confirm eligibility for the visa, the visa must be refused (presumably under INA 221(g) still).

It doesn't mean the I-130 is sent back for revocation - the petition is still valid unless they discover a reason to believe otherwise.

It doesn't mean they stop background checks. The ineligibility can still be overcome.

 

NOIDs are issued by USCIS. The petition is still valid unless they discover a reason to believe the petition is invalid.

I just wanted to note this because the topic is about AP, which only applies to that stage of the process.

Geowrian, WOM will not lead to a complete flat out denial? It will just be another 221G like? IOW the Visa will still remain refused until Documents/Background checks etc..complete? Thank you so very much again.

Edited May 2, 2019 by Derik-Lina

[geowrian 22,335]

1 minute ago, Derik-Lina said:

Geowrian, WOM will not lead to a complete flat out denial? It will just be another 221G like? IOW the Visa will still remain refused until Documents/Background checks etc..complete? Thank you so very much again.

It will result in a refusal if they don't have enough information to make a decision. My understanding is it will not result in them stop processing the case to determine eligibility.

[Derik-Lina 230]

3 minutes ago, geowrian said:

It will result in a refusal if they don't have enough information to make a decision. My understanding is it will not result in them stop processing the case to determine eligibility.

Let s say the case is still undergoing background checks. Will they reject/deny/refuse the visa if 60 days come by and the checks have not completed? or allow it to forego the necessary steps and decide then? My wife and I have an urgent situation where we must be together soon, and we would hire an attorney if we won t risk her Visa altogether. Of course, I can relocate, but my career, family and life are here. Moving would be our last option.