Afghan Applicant: K-1 Stuck in 221g (London) - Now Approved I-130 (CR-1) - Need Advice on Next Steps

[rich1234 4]

Hello  community,

 

I'm hoping to get guidance from others who may have experienced similar situations, especially those dealing with K-1 administrative processing and subsequent CR-1 applications. 

 

My fiancée and I originally filed for a K-1 visa (I-129F) on August 30, 2024, which was approved on February 4, 2025. We attended the interview at the London embassy on April, 2025, where we received a 221g refusal requesting my CV and publications (I studied Artificial Intelligence at a UK university and was on student visa). The case status showed "Refused" and went into administrative processing, with the CEAC status updating periodically until June 5, 2025, when updates stopped completely.

 

The situation became more complicated when the new travel restrictions were announced in June 2025, which affected K-1 visas for Afghan nationals like myself. However, we learned that spousal visas were exempt from these restrictions. As a result, we decided to get married and filed an I-130 petition (CR-1) and this was approved on August 5, 2025.

 

Now I'm facing several important questions that I hope the community can help with: First, since my K-1 application is still technically pending in 221g status at the same London embassy, could this delay the processing of my new CR-1 case? I'm particularly concerned about whether the background checks from the K-1 application will need to be repeated for the CR-1, or if they can carry over.

 

Second, I'm unsure whether I should formally withdraw the K-1 application and if yes how to WITHDRAW at this point. On one hand, I don't want it to interfere with the CR-1 process, but on the other hand, if the administrative processing is nearly complete maybe complete soon, withdrawing might mean wasted time and effort may be they can use that background checks result for CR1 interview at London

 

To sum this up, I'm worried that my CR-1 application might face similar scrutiny to the K-1, particularly regarding my academic background in AI and my Afghan nationality. Has anyone with similar circumstances been able to successfully navigate this situation?

 

I would greatly appreciate any advice from those who have gone through comparable experiences, especially if you've transitioned from a K-1 to CR-1 visa or have dealt with administrative processing in London.

 

Cheers

 

[Dashinka 25,932]

You should send a request to withdraw the K1 visa application with all the relevant reference numbers to the London consulate (this is where it is currently located).  Overall, it should not delay the CR1 processing, but it will clean things up.

 

The eventual CR1 may face similar scrutiny primarily due to the cooperation or lack there of, of the Afghan government, but you will not face a ban like the K1.  Btw, where is the I130 petition right now?  You mentioned it was approved today, so I assume it will be heading to NVC soon for further request for documentation.

 

Good Luck!

[rich1234 4]

6 minutes ago, Dashinka said:

You should send a request to withdraw the K1 visa application with all the relevant reference numbers to the London consulate (this is where it is currently located).  Overall, it should not delay the CR1 processing, but it will clean things up.

 

The eventual CR1 may face similar scrutiny primarily due to the cooperation or lack there of, of the Afghan government, but you will not face a ban like the K1.  Btw, where is the I130 petition right now?  You mentioned it was approved today, so I assume it will be heading to NVC soon for further request for documentation.

 

Good Luck!

Thank you for your advice. The I-130 was just approved and we're now waiting for the NVC welcome letter.

 

My main concern about withdrawing the K-1: If I terminate it now, will the CR-1 restart background checks from scratch? Or would keeping the K-1 active allow them to use its existing processing history?

 

I worry that withdrawing might trigger completely new checks, while leaving it might let them reference the ongoing ones. Have you seen cases where maintaining the K-1 helped avoid duplicate processing in the CR-1?

 

[Dashinka 25,932]

1 minute ago, rich1234 said:

Thank you for your advice. The I-130 was just approved and we're now waiting for the NVC welcome letter.

 

My main concern about withdrawing the K-1: If I terminate it now, will the CR-1 restart background checks from scratch? Or would keeping the K-1 active allow them to use its existing processing history?

 

I worry that withdrawing might trigger completely new checks, while leaving it might let them reference the ongoing ones. Have you seen cases where maintaining the K-1 helped avoid duplicate processing in the CR-1?

 

I am not certain about what happens to background checks already completed.  Logic would say they should not need to be re-done, but I doubt keeping the I129F/K1 alive would change anything with respect to the eventual CR1.  

 

That being said, I don't think there is a downside to not withdrawing the K1 as it is a dead application now no matter what happens.  Maybe others have a better idea of this type of situation.  Most of the times I see this is when the I129F is either still at USCIS, or the K1 has been fully denied.  I have not seen an issue when the K1 is in the refused status.

[Crazy Cat 44,703]

6 minutes ago, rich1234 said:

My main concern about withdrawing the K-1: If I terminate it now, will the CR-1 restart background checks from scratch? Or would keeping the K-1 active allow them to use its existing processing history?

Your K-1 is voided already due to your marriage.  Keeping it "alive" is not beneficial.  It will not shorten the processing time for your CR-1.  I would withdraw it to provide a clear paper trail.   K-1s and Spousal Visas are processed at different Service Centers.   The K-1 history is irrelevant, imo.  Good luck.

[Dashinka 25,932]

Just now, Crazy Cat said:

Your K-1 is voided already due to your marriage.  Keeping it "alive" is not beneficial.  It will not shorten the processing time for your CR-1.  I would withdraw it to provide a clear paper trail.   K-1s and Spousal Visas are processed at different Service Centers.   The K-1 history is irrelevant, imo.  Good luck.

I agree, but in this case the K1 is sitting in Refused status at the consulate (probably collecting dust due to the travel ban), and the I130 is heading to NVC.

[rich1234 4]

11 minutes ago, Crazy Cat said:

Your K-1 is voided already due to your marriage.  Keeping it "alive" is not beneficial.  It will not shorten the processing time for your CR-1.  I would withdraw it to provide a clear paper trail.   K-1s and Spousal Visas are processed at different Service Centers.   The K-1 history is irrelevant, imo.  Good luck.

Yeah I am sending an email to formally withdraw lets see what happens.

[JeanneAdil 7,111]

you need to know what the actual White House said

 

https://www.whitehouse.gov/presidential-actions/2025/06/restricting-the-entry-of-foreign-nationals-to-protect-the-united-states-from-foreign-terrorists-and-other-national-security-and-public-safety-threats/

 

(a)  Afghanistan

(i)   The Taliban, a Specially Designated Global Terrorist (SDGT) group, controls Afghanistan.  Afghanistan lacks a competent or cooperative central authority for issuing passports or civil documents and it does not have appropriate screening and vetting measures.  According to the Fiscal Year 2023 Department of Homeland Security (DHS) Entry/Exit Overstay Report (“Overstay Report”), Afghanistan had a business/tourist (B-1/B-2) visa overstay rate of 9.70 percent and a student (F), vocational (M), and exchange visitor (J) visa overstay rate of 29.30 percent.

(ii)  The entry into the United States of nationals of Afghanistan as immigrants and nonimmigrants is hereby fully suspended.

[rich1234 4]

3 minutes ago, JeanneAdil said:

you need to know what the actual White House said

 

https://www.whitehouse.gov/presidential-actions/2025/06/restricting-the-entry-of-foreign-nationals-to-protect-the-united-states-from-foreign-terrorists-and-other-national-security-and-public-safety-threats/

 

(a)  Afghanistan

(i)   The Taliban, a Specially Designated Global Terrorist (SDGT) group, controls Afghanistan.  Afghanistan lacks a competent or cooperative central authority for issuing passports or civil documents and it does not have appropriate screening and vetting measures.  According to the Fiscal Year 2023 Department of Homeland Security (DHS) Entry/Exit Overstay Report (“Overstay Report”), Afghanistan had a business/tourist (B-1/B-2) visa overstay rate of 9.70 percent and a student (F), vocational (M), and exchange visitor (J) visa overstay rate of 29.30 percent.

(ii)  The entry into the United States of nationals of Afghanistan as immigrants and nonimmigrants is hereby fully suspended.

I just got approval yesterday from USCIS for i-130 and  immediate relatives of U.S. citizens  and SIV cases are exempt from the travel ban however since K1 is not  immediate relatives for that its been now stuck. 

[Crazy Cat 44,703]

37 minutes ago, JeanneAdil said:

you need to know what the actual White House said

 

https://www.whitehouse.gov/presidential-actions/2025/06/restricting-the-entry-of-foreign-nationals-to-protect-the-united-states-from-foreign-terrorists-and-other-national-security-and-public-safety-threats/

 

(a)  Afghanistan

(i)   The Taliban, a Specially Designated Global Terrorist (SDGT) group, controls Afghanistan.  Afghanistan lacks a competent or cooperative central authority for issuing passports or civil documents and it does not have appropriate screening and vetting measures.  According to the Fiscal Year 2023 Department of Homeland Security (DHS) Entry/Exit Overstay Report (“Overstay Report”), Afghanistan had a business/tourist (B-1/B-2) visa overstay rate of 9.70 percent and a student (F), vocational (M), and exchange visitor (J) visa overstay rate of 29.30 percent.

(ii)  The entry into the United States of nationals of Afghanistan as immigrants and nonimmigrants is hereby fully suspended.

 

Spouses and immediate relatives of US citizens are exempt:

https://www.whitehouse.gov/presidential-actions/2025/06/restricting-the-entry-of-foreign-nationals-to-protect-the-united-states-from-foreign-terrorists-and-other-national-security-and-public-safety-threats/

(b)  Exceptions.  The suspension of and limitation on entry pursuant to sections 2 and 3 of this proclamation shall not apply to:

(i)     any lawful permanent resident of the United States;

(ii)    any dual national of a country designated under sections 2 and 3 of this proclamation when the individual is traveling on a passport issued by a country not so designated;

(iii)   any foreign national traveling with a valid nonimmigrant visa in the following classifications:  A-1, A-2, C-2, C-3, G-1, G-2, G-3, G-4, NATO-1, NATO‑2, NATO-3, NATO-4, NATO-5, or NATO-6;

(iv)    any athlete or member of an athletic team, including coaches, persons performing a necessary support role, and immediate relatives, traveling for the World Cup, Olympics, or other major sporting event as determined by the Secretary of State;

(v)     immediate family immigrant visas (IR-1/CR-1, IR-2/CR-2, IR-5) with clear and convincing evidence of identity and family relationship (e.g., DNA);

(vi)    adoptions (IR-3, IR-4, IH-3, IH-4);

Edited 18 hours ago by Crazy Cat

[rich1234 4]

12 minutes ago, Crazy Cat said:

 

Spouses of US citizens are exempt:

https://www.whitehouse.gov/presidential-actions/2025/06/restricting-the-entry-of-foreign-nationals-to-protect-the-united-states-from-foreign-terrorists-and-other-national-security-and-public-safety-threats/

(b)  Exceptions.  The suspension of and limitation on entry pursuant to sections 2 and 3 of this proclamation shall not apply to:

(i)     any lawful permanent resident of the United States;

(ii)    any dual national of a country designated under sections 2 and 3 of this proclamation when the individual is traveling on a passport issued by a country not so designated;

(iii)   any foreign national traveling with a valid nonimmigrant visa in the following classifications:  A-1, A-2, C-2, C-3, G-1, G-2, G-3, G-4, NATO-1, NATO‑2, NATO-3, NATO-4, NATO-5, or NATO-6;

(iv)    any athlete or member of an athletic team, including coaches, persons performing a necessary support role, and immediate relatives, traveling for the World Cup, Olympics, or other major sporting event as determined by the Secretary of State;

(v)     immediate family immigrant visas (IR-1/CR-1, IR-2/CR-2, IR-5) with clear and convincing evidence of identity and family relationship (e.g., DNA);

(vi)    adoptions (IR-3, IR-4, IH-3, IH-4);

This is so helpful and promising thank you for sharing this source

[Boiler 47,553]

Your I 130 was approved in less than 2 months? That must be a record.

 

Nothing I have ever seen suggests background checks transfer.

[rich1234 4]

3 minutes ago, Boiler said:

Your I 130 was approved in less than 2 months? That must be a record.

 

Nothing I have ever seen suggests background checks transfer.

Yeah in 2 weeks.

AND yeah  I have send an email to withdraw me from K1 lets see what they response.

[Dashinka 25,932]

49 minutes ago, rich1234 said:

Yeah in 2 weeks.

AND yeah  I have send an email to withdraw me from K1 lets see what they response.

I am confused.  The I130 was only submitted 2 weeks ago, and is now approved?  Are you certain?  That is more like the timeframe for receiving the NOA1 after filing the I130.

[Boiler 47,553]

That would be quick for a NOA