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BenRowen

PLEASE tell me what this means

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My fiance had her interview today.....I was there.  She received this Notice.  She says it it not a denial.  I think it is because of what that first line says........"Please be advised that for US visa purposes including ESTA, this decision constitutes a denial of visa"  She says that all she needs is a letter from her parents stating that they will have guardianship of the kids until we petition them.  Who is correct?  If she is, how long will it take to get th visa oncce she gets them the letter?  She had it overnighted to us here in Manila. If I am right (which I believe i am,) do we have to start over??1763674779_IMG_1348edited.thumb.png.5789dc66b611776a07e183e95bf2c9db.png

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6 minutes ago, AAAA27 said:

Not a final denial- meaning once you submit what they have asked for, the case will go through "Administrative processing" before a final decision will be made.

And how long does this “administrative processing” take?  

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Posted (edited)
4 minutes ago, BenRowen said:

And how long does this “administrative processing” take?  

That is the million dollar question that no one has any answer to--one day, one week ,a month,60 days---Literally anything.  Check out the reviews based on your embassy to get a better idea on how long it took ,on an average, for people that went through the AP.

Quote

 

 

Edited by AAAA27

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1 hour ago, BenRowen said:

So they can still deny it after getting the info??? Then what was the point of the interview?!?  

Well the Interview is needed to give them the complete picture of your case. Sometimes they make a decision instantly and AP is done within a day or two and sometimes they'll allow themselves some more time. It differs from case to case and embassy to embassy.

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Posted (edited)
3 hours ago, BenRowen said:

So they can still deny it after getting the info??? Then what was the point of the interview?!?  

You are wrong and you don't need to start over.  My fiancee received a 221g in January and received her Visa in late February 

 

Of course they can still deny, If the information is deemed insufficient.  

Edited by payxibka

YMMV

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3 hours ago, BenRowen said:

And how long does this “administrative processing” take?  

Administrative processing is required for all cases.  It can last hours, days, weeks, or months.......unfortunately, a case can be denied during administrative processing........Seeing the status change to "Issued" is the only real indicator of approval.


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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Submit a letter from her parents as requested, to confirm the guardianship issue, ASAP.  Then wait for the process to be completed and a decision made.  Good luck!  You should be fine if you provide the letter quickly.

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15 hours ago, BenRowen said:

Notice.  She says it it not a denial.  I think it is because of what that first line says........"Please be advised that for US visa purposes including ESTA, this decision constitutes a denial of visa"  She says that all she needs is a letter from her parents stating that they will have guardianship of the kids until we petition them.  Who is correct?

Yes it is a denial. The visa was refused under INA 221(g). This is by far the most common reason for the refusal of an immigrant (or K) visa.

The denial can be overcome...in this case by providing the requested documents and then they can complete the process to determine eligibility for the visa.

 

14 hours ago, BenRowen said:

So they can still deny it after getting the info??? Then what was the point of the interview?!?  

Absolutely. They need the information in order to determine eligibility for the visa. If that information is not sufficient, then the visa can remain refused. If they discover any other reasons to be ineligible for the visa then they will refuse. If they discover any inadmissibility, they will refuse.

One must be and remain eligible for the visa past the interview to be issued the visa, then remain so through POE to actually enter on the visa.

Assuming the only issue is the missing documents & proper documents have been supplied, then the visa can be issued.

 

The interview is when the application takes place (not just when you submit the DS-160). Just as an example, even somebody who is permanently barred from entry into the US with no waiver being possible (i.e. false claim to US citizenship, national security concerns, alien smuggling (non-IRs),  etc.) would undergo an interview before being refused the visa.

 

14 hours ago, BenRowen said:

And how long does this “administrative processing” take?  

As long as it takes to complete processing. With missing documents and no other concerns being discovered and with a background check that comes back quickly, likely somewhere in a couple weeks to a month. If other issues are found, they need to verify documents, etc. it could be longer.

Some people have been in AP for months to years for background checks. There's literally no way to know beforehand where your case will fall. The vast majority are on the shorter side of things, but nobody can guarantee a timeline.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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15 minutes ago, BenRowen said:

Bump.....can someone explain why it is showing up as still under AP on the NON immigrant site?.......Isn't a K1 an immigrant visa?  is this a good sign that it may be issued soon?  

Switching to non-immigrant is a good thing. It is one of the stages before approval. The K-1 is a hybrid. The DS-160 is used for non-immigrant visas. When it switches to non-immigrant it means it is moving in the right direction.

Edited by boris64

Not a newbie but lost my old info years ago) I have been through this process before --all the way through naturalization-- This site has always been a great help to me. 

 

 

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1 hour ago, BenRowen said:

Bump.....can someone explain why it is showing up as still under AP on the NON immigrant site?.......Isn't a K1 an immigrant visa?  is this a good sign that it may be issued soon?  

Just about everyone gets this after their interview.  Based on the discussions I had with the case officer at USEM 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.


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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