Luluhilweh

Hello everyone just wanted to check in and read up on your progress-still praying for everyone in AP status especially the long, dragged out cases like us.

Fauji18, Aish&Wajid have a point-earlier in the day I checked my husband's status and the website displayed an update for today. I rechecked this evening numerous times to see if the message had changed and all I get is the 401 unauthorized , access is denies due to invalid credentials. I get this just requesting the website, this is not giving me the home page where I have even entered the case # yet. Im sure the administrator is aware of the issue and prob working on it already.

A million congrats to you and your husband and a job well done for sticking it out under all the pressures this process has wheeled you through. Its always a great feeling to read good news from members who have been through so much. Wish you great days ahead inshallah!

Hey haboosh,

I know youre well aware of my husband's long AP and details

We have experience when it comes to this-everyone's experience and therefore advice will vary but I can tell you from first hand experience that in our case it was impossible to prove that my husband has no intent to stay. Initially before I had petitioned for him on his first trip back to the US after we were married, he came into POE like he normally had in the past. after few hours, they denied him entry. I spoke with Border control supervisor and she explained that although I had a ticket to return with my husband and we say we have no intent for him to stay on his business visa, she isnt convinced. She said he is now married to a US citizen whereas in the past we were only engaged so now he would have a higher intent to stay. That doesnt make sense to me personally because w would never risk that knowing that I will petition him in the future but he was turned back. So although you say they're 2 different visas and not connected, on the contrary-they're very connected once youre married to US citizen. The consular officer explained it to my husband later on in the process saying that once you married, that shows even higher intent to immigrate obviously. So more than likely at the airport, the officer will not be convinced and turn you right back around on the next plane. However, Im only speaking from our end of the experience; I have read here on VJ stories of couples who did the same and the alien spouse was allowed in with no issues even after their petition was pending. So it all depends on your luck with the officer at POE, the consular said thats all it comes down to most of the time. It isnt illegal to try, but be aware as another poster was informing you: it does affect the case somewhat. If you are denied entry, later on in the immigration process, the consular section will request records of that denial from the Border control responsible for the airports. This may very well take months, even years to extract from them and therefore lengthens your Ap process. Consular section wont issue visa without first seeing this record as to what happened that day and details of why you were turned away. Sorry post is so long but I like to arm people with as much as real knowledge as possible to save people the headache of assuming.

I still think it's a good idea to get an elected official to inquire on your behalf, we did. Even though it won't expedite it, the consulate will know your case is being watched, and it certainly won't hurt.

I agree-my husband's AP is going on 2 years in March and Ive contacted the congressmen and senator to no avail. They stated something similar to what mimolicious was saying; it doesnt expedite AP but it lets the consular section know that there are important people back in the Us keeping a close watch on the progress of the case. Plus if you were to ever take extreme legal steps against the dept of State (which I hope for noone to have to ever reach that point) this would be a necessary step to have tried first to solve the issue. Stay positive and keep updated about the progress of your case. Hopefully it will be over soon enough.

Congrats amanat- thats great news

Congrats Shuss! Your case was one of the longer ones along with my husband's. Im more than happy to see you wrap up this chapter and move on to hopefully a great life. My husband's interview was in March 2012 so we're going on almost 2 years in AP. I hope everyone is hanging in there and making it through.

Congrats RFQ! Im so happy to read some good news to lift our spirits on here-Im sure it will feel real and complete once the passport is between your hands-good luck

Hey OP,

As i read your post and responses, I understand it as youre not only concerned about the Ap waiting time but the fact that the CEAC website isnt reflecting any updates for a long period of time. Dont worry about it; its part of the AP process. Certain actions the government takes isnt't always reflected on the site. I dont know why but I know this happened many times when I would check on my husband's case with the Embassy. They would assure me that there was action taken on the file although that wasnt reflected on my end when I viewed the website. Another snag we have ran into is that the people responsible would note an update on the case but the ceac site wasnt updated recently enough to show the update. So I would find out it was updated by calling the state dept line and speak to a rep. They would tell me at times that they see an update for a specific recent date when on my end I would see the last update as being 2-3 months before that time. I noted all these descrepencies so I would have them in ca se we needed them down the line.

As for AP, hang in there and hopefully you will be one of the more happy couples coming out of AP without a horror story wait. Try to concentrate on the positive steps so far in the case and avoid thinking of the negative like possibly a long AP experience. We've read many stories on here where vjers escaped with a short enough AP time. Im praying for you and all the rest of us stil stuck in AP as usual. My husband's case is now in 22 months of AP. This tiem around on the website, the last time the case was shown to be updated was Dec 9, 2013. There have been many times where we have gone as long as 3 1/2 months without an update.

Hey Op,

Its as the previous posters informed you; AP is still not done and once it is over and Embassy can issue visa, they wont issue it for a full 6 months of validity. You have to go through the process of a new medical exam and submit the necessary documents to the Embassy in order for the visa to have a full 6 months once theyre ready to issue it. We can relate to your frustrations. My husband's in AP for 1 year n 9 months so far, right behind you. Its so easy to advise patience but I know it takes more than just that to get you through these days. God bless and good luck always!

A million congrats-must feel so good after such a long wait!

one year + 10 months= 22 months

Whoops, momolicious, right on-I meant 20 months-so 1 year and 8 months from March 2012 interview

20 months is outrageous, what have you done so far? call the congressman...

Oh my god .. for 20 months now .. had you emailed the embasdy ? Had you contacted your congressman or the senator ? Where is your husband from ?

Yes outrageous doesnt even begin to describe it- we have done everything allowed in our power to do- I have contacted my senator and congressman-back then we resided in PA- I described the process and delay in detail to senator's legal team along with my signed permission for info release-resulted in no difference as far as I noticed. They were informed by the Embassy the same info we've been fed all along-that my husband's petition is still in AP and the Embassy cannot estimate when AP will be over. My congressman never responded. Im in contact with the Embassy here in Cotonou every 2-3 weeks just to remind them we still live here away from the comforts of the US and that we're still waiting on news of progress on his visa. They continue to tell me that everything is so far in line for his visa pending the end of AP and they still don't know when that will be. All that they will tell me is that they have requested some type of information from the US and still haven't received what they need. I also call the state dept number every couple of weeks to say if they have the same info as the Embassy and if they can see any updates-they say the same as the Embassy of course. My husband is originally Lebanese and left Lebanon when he was about 17 and came to work in Cotonou, Benin and has been here for about 13 years. He has come and gone on a business visa to the US many times before we met in the states and got married 3 years ago. Although his travels might take time for the Embassy to line up and investigate along with other records, I think 20 months and counting is absolutely nuts. So far there's no end in sight.

It's not a likely or viable option actually. Firstly, my family is Adnan's family, and we all want to be together again. Secondly, even if he managed to get a good paying job and I could immigrate as a spouse (haven't gotten a real answer as to if it's possible), I wouldn't be eligible to work and it is not really possible to live in Europe on one income. If Nola was still reading the MENA forums she could no doubt shed light on how difficult it is to be a resident in Europe. If you are a guest worker many government programs don't apply to you. Oh, and my chronic health conditions require specialists. So I'm boned, for lack of a better word.

I cant agree through personal experience. However my hubby has many young Lebanese friends here in Cotonou who left for Europe looking for a better future and came back a year or two later with stories of difficulty being an immigrant there. One specifically was in Germany, not sure what city, and said he was harassed all the time by authorities and chances of getting a stable job to pay the rent was near to nill. But we always have to remember that every single person's experience and opinion will vary.

Yes, sorry OP I cant answer as to experience with applying in Middle East and just wanted to jump in and wish SarahandAdnan well. Cases vary so much with each case depending on the beneficiary's background, sex, age, also if anything new is going on with USCIS. Two of our friends made it through Lebanon embassy with approved petitions within 1 year and 2 months. Another applied through Egypt embassy and hers is a horror story with a yet to be approved petition at 4 years. Luckily thats not the norm-I just share to illustrate how different the experience can be for some. Good luck with the process and make sure you use VJ as a source for info and support.

Well, last I spoke to my Senator's Immigration Liaison my case file has turned up "missing" at VSC and they are "looking" for it. If I've been waiting over a year only for my petition to be lost, well, I can't say what state of mind I'll be in. It won't be rational or sound, that's for sure.

It's USCIS policy to process or not process petitions. It may have to do with the Embassy being woefully disorganized and closed half the time, it may not. The supervisors I've spoken to at USCIS made it a point to tell me I'll never know. My fiance is nearly ready to give up, or to make a new plan for us to live together in a 3rd country (not a good or permanent option at all). Honestly, I haven't told him about the most recent VSC trouble because I'm a little worried he'll break it off.

I really feel your pain. Thanks for the support

Holy God I really feel you- why on earth do we have to be put through such #######? Theres only so much pressure one can bear-I usually try and think very positive because Ive gotten used to living in Benin also a third world country and theres other times like now where the slightest issue like when the power goes out for 6 hours, I wanna rip my hair out. So I understand completely why its such a hard decision to toggle with (leaving the US). We just try and decide what is the lesser of the two evils for our families. To get through the day at times, I just completely remove myself from the situation as if it didnt exist. I imagine continuing our lives together in the Us around the support of family and friends and new experiences we can look, forward to. If we think about the legal borders that USCIS and Embassies bound us by, its much harder to make it through our challenges. Youre already doing everything you can at this point and hopefully it will make all the difference at the end of this journey. Stay strong and hopefully some light will be shed for all of us soon!

I recall your boyfriend/fiance was from North Africa, so at the USCIS/NVC stage you probably will have it processed within normal time frame. Undoubtedly your beneficiary will have AP - for which there is no time frame. My petition is on hold "indefinitely" at USCIS due to my beneficiary's country.

Hello Sarah and Adnan,

I was just wondering if there were any changes in Yemen's policy at Embassy when I was reading your post. So sorry youre still going through all this red tape-its so overwhelming. We are also still stuck here in Cotonou, with no word on my husband's AP being over yet. Just wanted to show some support and keep reminding us all that hopefully this will all be over soon and it will be behind us.

My husband's AP is also still going on and no end in sight. Its been 1 year and 10 months so 20 months so far. When posters mention feeling lost and frustrated, we are the first to relate i hope this is over soon enough for all of our sakes.

Big congrats to you!! So happy the frustration is over for you in Ap and big hopes for the rest of us in long AP that it can be over any day inshallah!

I haven't gotten that far. USCIS is not processing my petition, we've been waiting for an NOA2 for almost a year. They told me they have put petitions for Yemeni beneficiaries on hold indefinitely. No explanation why of course. Some petitions are being adjudicated and approved, but mine is not. It's fallen into some sort of bureaucratic black hole. So I considered the writ option. I don't have that much written down, but I consulted with several attorneys and a couple friends I know who work for the Department of Homeland Security (The State Department and USCIS both fall under DHS purview) and they warned me about the outcomes of the writs they have come across. The attorneys I spoke to, some were fairly honest, others not so much, but all of them said Writs can only possibly work in your favor with USCIS, mainly because it is expected that the background checks and security measures, which do take a lot of time, are done at the Embassy level (IE: State Department). Federal courts give the State Department a LOT of leeway with long AP's because they can just claim that taking all this time is necessary as a matter of "national security".

Have you tried reaching out to your Congressman or Senators? Have they inquired on your behalf? Sometimes they are able to extract a little more information than you can. I would also be emailing the IV unit of the embassy your husband interviewed at once every two weeks just to let them know you are still waiting for an answer and hoping for an update. As one lawyer I spoke to said "be the squeaky wheel in this process".

As if this process is not challenging enough on its own, the hurdles continue to come at us. Im so sorry youre going through all this with USCIS. As soon as I read your post, "just temporary" lit up in my mind about them not currently processing currently I130s from Yemen. Im sure there something theyre not revealing to the public and hopefully they will get things up and running again there. It still makes me irate although I know there nothing we can do but wait. I have exhausted all of my options when it comes to my husband's petition. I have gotten congressmen involved earlier at a couple months of AP and they got the same response we always get. I call DOS and the embassy regularly with the hope of hearing something different one day. I try to write to them every once in a while to show we're on top of the process and trying to stay involved. I finally got a lawyer involved and he's been in communication with the DOS lawyer team and they promise theyre working on the case and will adjudicate as soon as they can. Lawyer says writ should be considered if we dont get a decision within next couple of weeks. He has filed against DoS before and been successful in getting positive decisions on petitions prior but as we all know every case and its details is different and you can never be sure of a good outcome. Ive lived with my husband out of the US for 3 years so far and now we have a daughter together and its becoming more and more overwhelming to live in West Africa. Its a small developing country and the challenges and health hazards we face regularly Id love to put behind us. This is one f the few small key things that works for us and not against us in the process; that the Us petitioner and family is residing outside the US through the whole ordeal. Ironically though, consular officers and staff have very high immunity against prosecution outside of the US. We will see how this works out I guess.

I am not an Egypt member, but noticed this thread talk about filing Writs of Mandamus. I did some research on this and thought I'd share my findings with you:

After several consults with lawyers and government representatives, I found writs can help people waiting for years for USCIS to render a decision on their petitions. At the State Department level, they are near useless, but closer to harmful. Lawyers that tell you otherwise are out for your money and won't have to live with the fallout if you go that route. Writs are not a demand to approve something, they are a demand to adjudicate, that's if you get that far. The Federal Court most often defers to the State Department's right to take their needed time with your visa applications, and many writs become dead in the water. If you are really unlucky, the federal judge will demand the State Department make a decision on your case, and the State Department will say it has no choice to deny your application because it didn't finish the background checks and thus couldn't conclude you wouldn't be a security threat. It is extremely unlikely that any of you will get a favorable outcome with a Writ at this stage.

Bottom line: Writs are for people who have been waiting for SO long (YEARS) that they don't even care if they are denied as long as they get an answer one way or the other. Are any of you at that point yet? Willing to roll the dice?

Turmoil in Egypt and budget cuts in the US are the simplest, but not the only explanation to your longer than usual APs. Just be patient and wait it out. In recent years Pakistani men have commonly waited in AP a year or more. Yemenis wait many months to years as well. It's just the cross (for lack of a better word) some folks have to bear. It's not fair, but life isn't fair. As long as your applications and backgrounds are solid, you'll get approved eventually. If it makes you feel better, the USC can reach out to their state representatives, who have Immigration Affairs officers that keep tabs on cases and can pester the State Department on your behalf. They can't force their hand, but it may make you feel better knowing there is someone out there trying to help.

My regards,

Sarah

Hello Sarah,

Just wondering if you had any information or links saved in regards to this topic. Ive done a lot of research a lot on excessive AP as well and found information for and against the writ at the point of state dept. After i 130 approval, my husband's case is under AP for over 19 months now so we're weighing this option. Have you had personal experience with long AP with your husband being from Yemen? Share if you like-thanks for your post!

to all people who has been in AP for more than 6 months please consider filing a writ of mandamus action in the Fedral court

Do you have experience with this-have you been through mandamus step?

No you are not a pain at all. I'm happy to share. I was indeed aware that the petition would be sent back to the states. The guy told my fiancé what was about to happen. The interview was on Oct. 5 and the petition was back in the states on Nov. 25...and then nothing. They kept telling me that it was in the process of being reviewed and to wait 6 months before I could ask about it again. If it were not for the INFOPASS appointment, I would still be waiting for a response today. They would not tell me what was happening. They just kept sending me emails to wait until they were finished. They had "finished" a long time ago but never told me.

I think the mandamus is an excellent idea since you already have a lawyer retained. Definitely do that. It is especially a good idea for you since you are far away and can't do an INFOPASS. I just reapplied for the K-1 since I was told that all other findings from the first one would be dismissed without prejudice. I hope they're telling the truth!

Yep totally understand now. Initially I misunderstood your first post and thought that you had not been made aware that embassy had deferred the petition which would have been even more of an outrage. Im so sorry that you and your fiancee have to go through the wait and headache over again but its all the more sweeter when hopefully youre all finished and reunited in the states! Dont waver and stay persistent. We have seen it all in this immigration journey so I can somewhat understand what you're dealing with. After i moved here with my husband and establishes residency of 6 months in the country, immigration decides to cancel DCF for countries with no USCIS office in the country like here in Benin. We find out the embassy wont accept his I130 petition at the interview to submit all documents. I almost passed out right on the embassy floor when the CO informed me of the sudden change, it was practically overnight. The embassies got word in very short notice and in turn we find out the same day of applying! I wouldnt stand for what they did to us, I had to write many emails to the director of USCIS in Accra Ghana whose responsible for petitions in this country and the embassy here and plead with them my case to accept my husband's petition. After much haggling, we got an exception and were allowed to continue to file directly. So believe me when I say hopefully your persistence will pay off. Our journey is still hard; husband's still in AP for 19 months now. I hope this filing goes very quickly for you guys and if theres anything I can contribute, would be glad to. God bless you and keep us updated on your progress

It was actually a K-1, but yes it was an I129F and I filed it from the US. I found out the case was closed after the USCIS approved it AND after the Embassy interview. The petition was sent back to the US after the consulate at the interview decided that USCIS needed to look over my petition again...as such to say that USCIS missed something major when they approved it and they needed to decide whether to let us continue or deny it after it had been approved just months before. So I was way beyond the USCIS and Dept. of State point when this happened. USCIS got my petition back and they said they were reviewing it and they would let me know when the review was complete. I thought I was in close contact with the USCIS by calling and having my Senator's office here in Virginia make inquiries on my behalf but they even gave the Senator's office the same lie that they gave me. It was not until I went to the INFOPASS that an actual person saw that I was also a person with feelings. And that I came there for some real answers and they seem to honor that when you go down there. The people that you talk to there have access to the people that we can't get next to with a phone call to a customer service rep. It's the real deal.

If you have been in AP for as long as you have been, you should do the INFOPASS appointment. Whatever's happening, you will know undoubtedly for sure after that appointment. And it's free

Ok I think I understand where I got thrown off here: after the initial approval and interview in Beirut, the CO sent the I 129 back to make USCIS scrutinize the relationship further. BUT you were aware that this step had taken place correct? Or were you under the impression all those months that everything was just fine and your fiancee was in Administrative processing at the Embassy level? Was it brought to your knowledge that the embassy deferred the petition or did you find out by mistake when you went in at Infopass? Thats what I'm trying to distinguish. So sorry to be a pain, Im grateful for your post and sharing your experience with us since its so important to all of us. As you noticed , my hubby has been placed under AP after the interview in Cotonou. This is very common for petitions coming from MENA countries especially because my husband has lived in Benin for so long and they would have to do background check in Lebanon as well. I call the Embassy often and I get the same response; that its still in AP and its not completed yet. Up to this step, I had filled out paperwork and prepared for interview etc by myself. Since last month, Ive hired a lawyer to ask about the status of the case through the embassy lawyers. He got the same response and now we are threatening with a mandamus lawsuit if theres no decision on his file within the next month. However, noone has ever mentioned that the petition was ever sent back and we have even asked in so many ways to get the same response. Even the Co here at the embassy told my husband directly that he didnt doubt the validity of our marriage and his paperwork was complete but they would still have to do the necessary name checks, etc. I have also called UsCIS in the past while waiting for the case to finish and they have told me that since they have approved our I 130 already, they are no longer involved in the process and that I must speak to the Embassy at this point. I have jumped through hoops to get the petition this far from the beginning so Im more than willing to make Infopass and go in just to be sure the petition wasnt returned however Im living with hubby in Benin and wont be visiting the states again for next couple of months. Any luck with your fiancees petition? Have you reapplied or will you wait to be married then submit i130? If you need any help, let me know If I can be of any use:)

The reason that they gave me for it being closed was because it expired. That would have been a reasonable reason for me if they were not telling me that it was being reviewed and that they would tell me when the review was over. I expected an answer of why the consulate denied it and an opportunity to fight the findings and get the petition reaffirmed or something like that.

Getting married could possibly be an option but I have been there four times and I honestly can't go back for at least a few months. Also, I know the K-1 procedures much better now to not let myself be victim to this craziness again. Now I know exactly what to expect and how to fight.

As far as the CS reps, I think they are just doing their jobs. They can only tell us what they are allowed to tell us. That's why I suggest people take advantage of INFOPASS.

Hey TluvsA,

So sorry to hear about the ####### they're putting you through-I just wanna make sure I understand correctly before aligning your experience with mine;

Since its K3 you filed an I 129F I think right? Sorry since Im in the reply screen I cant tell if you went through DCF or filed in the US but did you find out the case was closed after Embassy or UsCIS gave you an approval on the I 129? Or did they never make a final decision or had your fiancee in AP and thats why you questioned the long wait? Im trying to decipher if my hubby is in a similar situation- we did DCF but through Cotonou, Benin in west africa thats where we're living together and he already got his approval on the I 130 in January 2012 and he interviewed in March 2012. Since then, I have been in close contact with the Embassy and call DOS in the US constantly and all I get is " the case is still in administrative processing". They have never mentioned to me that the case was closed for any reason or any other action besides that the case is being processed. So we might be in the same shoes. Are you at the USCIS stage or at Dept of State stage? I recall when I used to call USCIS about the status after we received the I 130 approval and right away they would inform me that their job is done the delay lies within dept of state and I have to call them and the embassy.

Hey Shessa,

Any news on your husband's AP/case? My husband's is now 19 months in Ap.

Hey mimolicious, OP,

True in part. Since the file is DCF, technically the embassy says it has placed the case in AP. However for the most part, or my experience with my hubby's DCF, clearing up AP hangs on responsibility of DOS. They are responsible for conducting background checks, etc-whatever is needed to clear the petitioner's name. This involves other agencies we're aware of; FBI, USCIS, embassies in other countries the petitioner may have visited prior.... The Embassy will no way no how take any further action until the DOS gives the ok to go ahead then it's all on the Embassy's discretion after that.

We are still battling AP at 19 months so far so I know how frustrating it can be

What on earth?!?! Just realized that we're responding to the OP that posted in 2007! Earth to me! Got confused when i saw last reply before mine and though it was current haha! Thats what this process will do to you-anyhow hope info provided will be of help to someone

When my husband had AP in Amman it was done at the embassy and not at DOS

Hey mimolicious, OP,

True in part. Since the file is DCF, technically the embassy says it has placed the case in AP. However for the most part, or my experience with my hubby's DCF, clearing up AP hangs on responsibility of DOS. They are responsible for conducting background checks, etc-whatever is needed to clear the petitioner's name. This involves other agencies we're aware of; FBI, USCIS, embassies in other countries the petitioner may have visited prior.... The Embassy will no way no how take any further action until the DOS gives the ok to go ahead then it's all on the Embassy's discretion after that.

We are still battling AP at 19 months so far so I know how frustrating it can be