K-1 Visa Help for Colombian Embassy

[Mexrik 4]

My fiancée is Venezuelan born living Colombia last 2 year, but her parents are Colombians that lived some time in Venezuela. She had her interview at the Bogota embassy on 4/8/2018.  After she was given a 221g form because Counselor requested more recent criminal records, then one's she presented from Venezuela and Colombia since they were 6 months old & more proof of relationship specifically text message conversation. We provided all that was requested on 4/16/2018 to email provided.

 
Here's my questions if anyone can help.

 

1. I read that this online- > (Police certificates are also required from applicants who have lived in another country for more than 6 months since turning 16 years of age (except for the United States Mexico and Venezuela). But my fiancée was asked to present criminal record for Venezuela even though she hasn't lived there last 2 years and from my understanding of this she didn't have to. if this information is correct, why would they ask for it and would this be a violation or negligence on their part of her rights during this process?

 

2. From what I seen of some Colombian K-1 visa participants that were approved, they all had some sort of Administrative Processing afterwards, but average wait time given by the officer after being approved and passport kept was 8-15 business days to receive visa.  Would this still be the case for us? Since only motive for getting a 221g was for outdated police reports and more proof relationship, but were given chance to submit those request docs, which we did on 4/16/2019 but as of 5/4/2019 still under  Administrative Processing. 

 

3. On the CEAC website even though our case still says Administrative Processing when looking it up dates have changed 3 times 4/22/2019, 4/30/2019 & 5/03/2019 does this mean they are looking at our file and processing whatever they need to, or is this just generic updates?

 
Any help or guidance on these matters would be grateful 

 

 

 I did speak to lawyer this past week since this is starting to stress me out after all the months waiting to get to this point and he stated  if they kept her passport that's a good sign and from his experience  90% are leaning towards giving her the visa. 

 

 

[payxibka 10,044]

1)  immigration is a privilege not a right, therefore she has none 

 

Where are you reading that Police report from Mexico and Venezuela not required?

Edited May 4, 2019 by payxibka

[Mexrik 4]

@payxibka I realize its a right and not a privilege! But thanks for the reminder. 

 

Lastly, it was in the K-1 packet we received from the  Embassy of the United States of America Consular Section, Immigrant Visa Unit Bogotá, Colombia. I was just reviewing the packet again, and realized it stated that. So trying to understand why would they ask for it, if The packet they provided USA states they don’t require one from these places. 

[Greenbaum 12,258]

Q1. The embassy has the GOLD so they get to make the rules. If you want a visa then you decide if you are going to comply with their request for additional information. Sorry but it is as simple as that.

 

Q2. EVERYONE goes through AP. AP is the process of finishing up your file so that the CO can approve your visa and the visa section can issue the visa in your passport. Again, something that everyone goes through with EVERY embassy.

 

Q3. Anytime your record is "touched" they are required to update the date that any action is taken.

 

I will list the "simple" steps that your application at the embassy is going through. AGAIN, your mileage may vary.

 

Just about everyone gets this after their interview.  Based on the discussions I had with the case officer he informed me of these steps:

 

the first AP is the immigration unit doing the paperwork for approving the visa

the first ready is a notice that they are finished and the paperwork is being sent for visa issuance

the second AP is the visa issuance people doing their own paperwork

the second ready is that the visa has been issued and is currently being processed for delivery

 

Then "issue" is posted and the visa has left the BIG house to YOUR house.

 

Once you get that second ready, it should be sent out within a few days, although we received our visa before any of the various websites that allow you to look up the status said that it had been sent out.

 

So using CEAC this is what you will see just after the interview:

 

When the Embassy is ready to issue a visa, it will change to "Nonimmigrant Visa Application"; at that time, you will know that you are a few days away from getting the visa. It will go from "Immigrant Visa Application" to "Nonimmigrant Visa Application" status and then your visa changes to "Ready" ==> "Administrative Processing" ==>> "Issued" status as well. These steps sometimes transpire over a day or even a few days. Some smaller Embassy's it happens within hours.

 

Sometimes, it might skip "Administrative Processing" and go from "Ready" to "Issued".

[payxibka 10,044]

1 hour ago, Mexrik said:

@payxibka I realize its a right and not a privilege! But thanks for the reminder. 

 

Not what I said, but might be what you believe 

[Mexrik 4]

@Greenbaum I really appreciate you taking the time to write such a detailed response it was very informative. 

 

1. Response to your reply, of course we want the visa, and did comply with officer request for updated criminal records and more proof of relationship, interview was on 4/8/2019 & requested docs sent to email instructed on 4/16/2019 

 

2. I imagine everyone does go through some “AP” after there interview. Just feels like it’s been forever especially since  some people are lucky enough like you said to have a turn around that’s within a few days! 

 

3. Didn’t know that, but the break down you gave sounds like it makes perfect sense. Currently our K-1 shows as Immigrant Status  -> “AP” and like I’ve mentioned above there have been 3 date updates 4/22/2019, 4/30/2019 & 5/03/2019. 

 

Thanks again for taking the time. 

[Mexrik 4]

@payxibka  Even though what you wrote had nothing to do with my specific topic. Everyone is entitled there opinion! Thanks for sharing your view point. 

 

 

[SalishSea 16,828]

5 hours ago, Mexrik said:

why would they ask for it and would this be a violation or negligence on their part of her rights during this process?

This statement of yours is what is raising questions about your overall understanding of the immigration process.

[Mexrik 4]

@Jorgedig I have zero experience with the immigration process this is a first for me, why I came here with those hopes getting  some clarification and guidance from someone more experience or knowledgeable! But What I do know is immigration process is just another set of rules or laws established by the government, which I assume  you aren’t allowed to interpret the law, but instead must follow the rules/laws that have been established by the federal government, why I presented this question! But I’ve already got it clarified, seems I had an old K-1 packet guide mixed in with the updated version. Couple years back Mexico/Venezuela & USA weren’t required to present criminal records for visa interview. In the updated version 2018-2019 only USA is exempt! All others countries are now required to present criminal records. So being that said, they followed the correct procedure updated by the federal government and were indeed required and in the rights to request that document. So I’ve cleared that concern.