"Administration processing" when withdrawing K1 petition

[Vahradrim 0]

Hi everyone, after searching a lot on the forums, I couldn't find an answer to my problem, I need your help :

 

The context :

Last year, my girlfriend (female US citizen) and I (male french citizen) decided to start the K1 visa process, then Covid stroke, of course...

Our case got approved by the USCIS and sent to the NVC (NOA2 received), it stayed stuck at the NVC for months.

I visited my girlfriend on ESTA on December 19, 2020 and I am still currently in the US (since almost 2 months now).

My return tickets got cancelled, Biden extended the travel ban and France (and the EU) closed its borders to all non-EU arrivals.

 

We looked online for solutions to our situation and we saw we could get married while I was visiting her (since I had no intention to marry while visiting her on my ESTA when I crossed the border, I actually had no idea it was even possible).

So after confirming with people who did it and searching a lot to be sure it was legal, we got married and my girlfriend is now my wife!

 

The problem :

We decided to withdraw our K1 visa petition at the NVC. So we sent a letter explaining the situation, and since we're now married, we cannot apply for the K1 visa anymore and ask to withdraw our petition.

The NVC got back to us a week later (today) and their answer was :

"This petition is currently undergoing necessary administrative processing. You will be notified with further instructions when the processing is complete."

 

What we tried :

- Searching online a lot. Couldn't find an answer that fits our situation.

- Calling the NVC today. The person told us they received our mail yesterday and our case is in this state since yesterday, but the person wasn't really sure and told us it might be because they want to send the package back to the USCIS... Not a big help, he didn't really know.

 

Questions :

- I read online that "administration processing" was a state where the USCIS or NVC was performing a background check. Why would they start a background check when we just asked to cancel our case anyway? Except to block our case in that state and keep us from adjusting status ?

- Since the NVC confirmed they received our withdrawal request, can I adjust my status (I-130 + I-485 that I was preparing since a week now) while on this state ?

 

We are really stressed something happened. We are sure we didn't do anything illegal and we followed exactly the same steps than multiple we talked to and who got their green card, so we're really stressed we got unlucky or we missed something? :'(

Thank you for your help.

 

[SalishSea 16,907]

It's fine, it will get cancelled.  If you don't need to work or travel for the next 8-10 months, you can adjust status and stay.

 

If you need to do either of those, she can file a petition for a spousal visa and you can interview at the consulate.

 

Neither option is fast.

[HRQX 4,145]

11 minutes ago, Vahradrim said:

can I adjust my status (I-130 + I-485 that I was preparing since a week now) while on this state ?

Yes, it's not an issue.

 

I-130 and I-864 are filled-out by the US citizen, and the rest of the forms by you. In general, send the following four packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-130 with I-130A and copy of marriage certificate, filing fees, etc.;
• I-485 with I-864 and supporting documents, I-944 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

[Crazy Cat 39,676]

14 minutes ago, Vahradrim said:

Hi everyone, after searching a lot on the forums, I couldn't find an answer to my problem, I need your help :

 

The context :

Last year, my girlfriend (female US citizen) and I (male french citizen) decided to start the K1 visa process, then Covid stroke, of course...

Our case got approved by the USCIS and sent to the NVC (NOA2 received), it stayed stuck at the NVC for months.

I visited my girlfriend on ESTA on December 19, 2020 and I am still currently in the US (since almost 2 months now).

My return tickets got cancelled, Biden extended the travel ban and France (and the EU) closed its borders to all non-EU arrivals.

 

We looked online for solutions to our situation and we saw we could get married while I was visiting her (since I had no intention to marry while visiting her on my ESTA when I crossed the border, I actually had no idea it was even possible).

So after confirming with people who did it and searching a lot to be sure it was legal, we got married and my girlfriend is now my wife!

 

The problem :

We decided to withdraw our K1 visa petition at the NVC. So we sent a letter explaining the situation, and since we're now married, we cannot apply for the K1 visa anymore and ask to withdraw our petition.

The NVC got back to us a week later (today) and their answer was :

"This petition is currently undergoing necessary administrative processing. You will be notified with further instructions when the processing is complete."

 

What we tried :

- Searching online a lot. Couldn't find an answer that fits our situation.

- Calling the NVC today. The person told us they received our mail yesterday and our case is in this state since yesterday, but the person wasn't really sure and told us it might be because they want to send the package back to the USCIS... Not a big help, he didn't really know.

 

Questions :

- I read online that "administration processing" was a state where the USCIS or NVC was performing a background check. Why would they start a background check when we just asked to cancel our case anyway? Except to block our case in that state and keep us from adjusting status ?

- Since the NVC confirmed they received our withdrawal request, can I adjust my status (I-130 + I-485 that I was preparing since a week now) while on this state ?

 

We are really stressed something happened. We are sure we didn't do anything illegal and we followed exactly the same steps than multiple we talked to and who got their green card, so we're really stressed we got unlucky or we missed something? :'(

Thank you for your help.

 

Once you married, the K-1 was null and void.  You can adjust status.  Here is the guide:

 

 

[Vahradrim 0]

Thank you so much for all your answers, you all made us feel better ! :D

Their message was weirdly worded so we got scared..

Perfect then, we will wait for my medical appointment and we can send the whole package to the USCIS

 

Thank you very much for your help!

[HRQX 4,145]

4 minutes ago, Vahradrim said:

Perfect then, we will wait for my medical appointment

You also have the option of doing it later: https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4

Applicants may submit the Form I-693 medical examination report to USCIS:

• Concurrently with the immigration benefit application; or

• At any time after filing the immigration benefit application but before USCIS finalizes adjudication of that application. If not submitted simultaneously with the immigration benefit application, applicants may bring the medical examination report to an interview or wait until USCIS issues an RFE requesting the medical examination report. 

In  the latter case, USCIS also sends a courtesy letter that says "DO NOT MAIL DOCUMENTS AT THIS TIME."

[Boiler 43,760]

6:45 PM

SCHEDULED

AF 3577

Paris CDG

flight duration

7h 15m

JFK

CDG

New York · Thu, Feb 11

Scheduled departure

6:45 PM

Terminal

4

Gate

B28

Paris · Fri, Feb 12

Scheduled arrival

8:00 AM

Terminal

2E

Gate

-

[Vahradrim 0]

13 hours ago, HRQX said:

You also have the option of doing it later: https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4

Applicants may submit the Form I-693 medical examination report to USCIS:

• Concurrently with the immigration benefit application; or

• At any time after filing the immigration benefit application but before USCIS finalizes adjudication of that application. If not submitted simultaneously with the immigration benefit application, applicants may bring the medical examination report to an interview or wait until USCIS issues an RFE requesting the medical examination report. 

In  the latter case, USCIS also sends a courtesy letter that says "DO NOT MAIL DOCUMENTS AT THIS TIME."

I saw I could do it later but I normally have all my vaccinations and I was able to have an appointment with a certified doctor "pretty soon" (2 weeks not so far from where I am). So I will submit it at the same time.

Thank you for the information though!

[Vahradrim 0]

41 minutes ago, Boiler said:

6:45 PM

SCHEDULED

AF 3577

Paris CDG

flight duration

7h 15m

JFK

CDG

New York · Thu, Feb 11

Scheduled departure

6:45 PM

Terminal

4

Gate

B28

Paris · Fri, Feb 12

Scheduled arrival

8:00 AM

Terminal

2E

Gate

-

Maybe there are flights now, but at the moment we started to look for solutions 2 weeks ago there was only news saying EU and France will close their borders and my flight got cancelled, that's why we looked for solutions.

So I don't know what the point of your message was but thank you for the info flights are still scheduled.

[Boiler 43,760]

They restricted travel where there was not a compelling reason, a citizen returning home is pretty compelling

[Vahradrim 0]

2 minutes ago, Boiler said:

They restricted travel where there was not a compelling reason, a citizen returning home is pretty compelling

Yeah I don't need any of them anymore but the problem I had with these flights is that most of them they get cancel 2 days before because they are empty, and there's no way to know at the time I book them.. I had this problem when Covid started and I lost thousands of euros on 5 cancelled flights. Now obviously the situation must be more stable. Anyway, it's off topic but nice to know some flights are still scheduled.

[HRQX 4,145]

17 minutes ago, Vahradrim said:

and I lost thousands of euros on 5 cancelled flights.

Do you not get your money back when the airline cancels the flight?

[Boiler 43,760]

3 minutes ago, HRQX said:

Do you not get your money back when the airline cancels the flight?

Assuming a EU airline also compensation which can be quite generous. That is not to say you can not get compensation otherwise but the EU has its own regulations.

 

 

 

 

[Vahradrim 0]

On 2/11/2021 at 12:40 PM, HRQX said:

Do you not get your money back when the airline cancels the flight?

I got a refund from French and English airlines (Air France and British Airwaves)

None of the Americans companies ever paid me back, never answered my messages, mails, tell me on the phone that my case is processing but I don't really believe it's true.. my money is long gone with them imo...

[HRQX 4,145]

1 minute ago, Vahradrim said:

None of the Americans companies ever paid me back, never answered my messages, mails, tell me on the phone that my case is processing but I don't really believe it's true.. my money is long gone with them imo...

Did you pay with a credit card? If so, have you tried disputing via the credit card company?