entertained777

Whilst I am pleased to hear that you have been successful with your expedite request, I think it is prudent to advise others that the reasons you have supplied in your request for an expedite are not usually successful. The financial hardship amounts to a party that has been planned for less than a year after you submitted the I-130. I don't know where you got the information that this process takes 8 months. The USCIS stage alone (according to USCIS themselves) can take up to 6 months. I have not seen any official source stating that the whole process from filing I-130 to POE taking 8 months. Sure, there are people who get through this quicker than that but they are the exception, not the norm. The department of state website and the embassy websites strongly encourage applicants not to make any financial commitments, buy tickets, sell homes, quit jobs, etc until the visa has been received.

I won't comment on your wife's emotional hardship because we all deal with this in different ways. Some people cope better than others. I know you had a rough ride at NVC with waiting over 6 weeks for your package to even be looked at but on the other hand you had a much quicker journey though the USCIS than many people had (myself included). We are all upset that we are apart from our spouses, not one of us is enjoying this process. For every case that is pulled to the front of the line, the rest of us wait that little bit longer.

Maybe there was something else that granted your expedite that you don't wish to share - that's your prerogative. But I wouldn't want people to think NVC will look favourably upon every request to expedite where someone's relatives have purchased plane tickets that cannot be refunded.

Well said!

To put it bluntly, we are all depressed and away from our spouses. And it is common knowledge not to make or pay for any arrangements until you have your visa in hand.

Congratulations on your expedite and I wish you all the best, but your reasoning is no different from anyone else that applies and goes through the process.

Hi entertained777, thanks so much for your urgent reply I appreciate it!

I would like to ask if you if you had your transplant after your US Medical Exam?

Thanks!

Hi Barbie.ness,

I had the transplant about 4 years ago. So well before my medical review.

I am certain you will be fine. But if your medical review says you have the cyst but you have then since had it removed, you can always bring a letter from your doctor explaining you have had it removed, even just for your own peace of mind. But a cyst is certainly not something that they will deny you for.

I hope your interview goes well

Based on my own personal experience you will be fine.

My visa was approved and I have to take ongoing medication from a transplant and I also have anl injury from a car accident 10 years ago. Neither of which was brought up in the interview but were both well documented in my medical review.

The medical reviews are really to make sure you don't have things like Syphilis or TB or any mental issues that can cause you to be a harm to yourself or others. This was told to me directly by the immigration doctor.

I also did not take any extra documents to the interview concerning both of those. I am however taking letters from my doctor to get my medications through immigration (not sure if you need to take ongoing meds for a cyst)

Goodluck at your interview.

Mine said AP for 2 days after my interview then went to issued on the Thursday, had my passport in hand the following day. So don't stress once it's issued it will change. Congrats ?

Thank you

Mine just went from AP to issued about 10 minutes ago! We are so excited. We have not seen each other in nearly 3 years, this is the 2nd best day of my life, first being when i arrive and she picks me up from the airport

Thank you all for the help and to this site for providing answers and answering my questions all through the process.

So my fiancé was approved for the visa we are waiting for the visa to be issued today I log in on the web to check the status and it change from ready to AP is this normal? Or should I be worried?

I had the exact same thing happen to me. I too was worried and asked the same question as you. You can see the responses here http://www.visajourney.com/forums/topic/607298-visa-approved-yesterday-but-ceac-status-says-administrative-processing/

It is normal and you have nothing to worry about.

Although i still cant help but worry a little It has been 2 days for me so far in AP.

Goodluck.

Don't worry! Most visa's goes into AP after the interview. Mine went into AP for a few hours and then it changed to "Issued" it just them doing their little checks and whatever magic they do over there. Once it says "issued" then it will be either delivered or you pick it up from the destination you chose. Generally takes about 7 days after your interview to have your passport in hand.

I understand a few people have said it's bad but it's also just normal. You'll have your passport back in no time and you'll be with your love

Thank you very much for your response! You have made me feel a lot better. I felt sick when i first saw it and started reading into what it meant.

Thank you again

Hello all,

I had my interview yesterday at Sydney Consulate and I was told i was approved.

When i got home that night i checked my CEAC and it says Administrative Processing.

Is this normal? I am Australian and my visa is to move to the US where my wife is.

I have been reading this forum and getting conflicting information. Some say its normal and not to worry while others say it is bad news.

For example this thread here would suggest i have nothing to worry about and should get my passport and visa back this week or very close http://www.visajourney.com/forums/topic/476831-administrative-processing-in-australia/

The person who interviewed me only asked a couple of questions and it was over in 5 minutes. He said I was approved, gave me back my originals but kept my passport.

Do i have anything to worry about?

Thank you Mallafri76 for you help. Much appreciated

Hey guys,

My wife and I are submitting our i-130.

Just 2 quick questions.

When submitting your forms for the i-130 is best procedure to send as much as possible or wait until it is asked for at a later stage?

For example, is it a good idea to send receipts for presents, ticket and itinerary copies from visits, photos, Skype chat, Affidavits of support and just pretty much all evidence you have that it is a real relationship with the initial i-130 papers.

And lastly,

Do Affidavits of Support have to be sent in as original or are photocopies fine? and then i just bring the original to my interview.

Thank you

Thank you all for the responses. My wife and I have discussed it and we are just going to file the i-130 and ill wait in Australia.

We do not want to jeopardize our future together over a 2-3 month visit. After all, it is nothing in the bigger scheme of things.

Plus she said she does not want to have to say goodbye again, which would happen if I came on a B2 as i would have to leave.

We are filing next week so im sure i will be visiting this forum regularly.

I appreciate all the responses

I might as well share my reason. I wont give away specifics.

But i have had an organ transplant that requires daily medication to avoid rejection. My government/medical system only authorizes a certain amount months of medication at a time and to get more i MUST see my doctor here in Australia. If i do not have this medication i could lose the organ which in turn would add another 3-5 years minimum of not being able to move to be with my wife

I do not know immigration's stance on medical reasons but to me that's a pretty strong tie and reason to have to return to Australia. Anyone have any experience on something like this or similar?

***Moved from IR-1/CR-1 Process & Procedures to Tourist Visas forum.***

**Moderator hat off**

The decision is made by the CO that interviews you and you will be immediately informed of what that decision is.

Federal law specifically states that an applicant will have presumption of immigrant intent and the burden is on the applicant to overcome that presumption through evidence of strong ties to their own country. Having a US Citizen spouse essentially supersedes any tie an applicant may have.

Thank you very much! This helps a lot. Very good response I appreciate it.

Final question. If i have my i-130 in process and have my NOA1 can i still have a chance at getting my B2 Visa? I do have a very strong tie to Australia that I am confident would be accepted (even if it isnt i can only try). I just need to know that if my i-130 is in process I can still file the B2 Visa or does the i-130 process automatically supersede any other reason I might have that proves i will return to Australia.

You will probably be denied the B-2, not because of the previous overstay but because you now clearly have immigrant intent. Just being married to a US Citizen, particularly one who live in the USA, is enough indication of immigrant intent. Obviously, their decision would be correct, since you do intend to immigrate.

The I-130 doesn't "turn into" anything. Filing it, begins the immigrant visa process for a spouse. Because you will have been married more than two years when the visa is issued, the visa issued, will be category IR-1 as will be the status you are granted upon entering the USA using the IR-1 visa.

There's much more to the process than starting it. You're at the right place to learn what's coming next and how to prepare for it.

It is not illegal to visit your spouse during the process, but it is unlikely you will obtain a visa allowing you to do so.

When you say " indication of immigrant intent.". Do you mean they will deny my visa because they know i want to immigrate and do not want to risk me going to the US and staying illegally?

Or, is it a set policy that anyone with immigration intent will not get approved for B-2 regardless of if i can prove i am going to leave again and it is strictly for a visit to see my wife to kill some of the waiting time while my application processes?

Yes, it's illegal to enter the US on e.g. VWP or tourist visa with the intent to immigrate, so that's a no go. Even though the behavior is excused if married to a USC for some reason?!?!

I mean this in the nicest way and I'm sure you're already kicking yourself for it but why would you mess up with the VWP like that?!?! Getting a B-2 during the visa process is pretty difficult, since you've already shown immigration intent. And since so many people commit visa fraud by entering the US with e.g. a B-2 visa or the VWP with the intent to stay, US immigrations are pretty strict when it comes to issuing visitors visas during the visa process. You're from a low fraud country though, so that you gives you at least a little chance of getting a B-2. No harm in trying for it, it won't affect your spousal visa.

Believe me i kick myself for it every day! I have no other excuse other than lack of knowledge and at the time we just wanted to stay together. It was a very foolish thing to do but live and learn i guess.

I guess I will apply for a B-2 visa if it does not affect my IR-1.

You will probably be denied the B-2, not because of the previous overstay but because you now clearly have immigrant intent. Just being married to a US Citizen, particularly one who live in the USA, is enough indication of immigrant intent. Obviously, their decision would be correct, since you do intend to immigrate.

The I-130 doesn't "turn into" anything. Filing it, begins the immigrant visa process for a spouse. Because you will have been married more than two years when the visa is issued, the visa issued, will be category IR-1 as will be the status you are granted upon entering the USA using the IR-1 visa.

There's much more to the process than starting it. You're at the right place to learn what's coming next and how to prepare for it.

It is not illegal to visit your spouse during the process, but it is unlikely you will obtain a visa allowing you to do so.

Thank you for the response. You are right I have been reading a lot yesterday and today on this forum and i have learned a lot. This forum is a Godsend for many people.

If i apply for a B-2 visa is the decision on my approval deny based on an interview so I can meet and talk to the person who makes the decision or is it all done in the background while i wait for a decision?

Thank you all the replies

Hi Shauneg,

Thank you for the reply.

Also, does anyone know. Since we are already married is it legal for me to go to the USA on a B-2 and then file my forms and stay in the US?

I think i read somewhere it is considered fraud if you visit the US with the intent to do this?

Hi everyone,

New user here. I have a few questions. Can I apply for and visit my wife in the US on a B-2 Visa while i-130 is pending and going through its process?

Quick background.

I am Australian and my wife is American, we have been married for over 2 years. When i went to the USA to see her the first time I qualified for the VWP but ended up overstaying by 2 weeks (foolish i know!!). So if my research is right there is no way for me to get another VWP to return to the US?

We have been apart over 2 years due to fault of our own (not sending via registered mail that required a receipt) our 2!! applications for i-130 were never received and are just in limbo somewhere. Yes this is a lot of fault on our part for not doing due diligence (we feel like fools now for wasting the last 2 years).

Anyway, long story short, we are about to file for a 3rd time via registered couriered mail so we can get into the system and begin the process.

So my question is, due to 'probably'? now being able to get the VWP again can I apply for a B-2 visa after receive our NOA1 then visit her for 2 months? Is this legal? would i even be approved?

At the end of the day we do not want to do anything that will jeopardize our future. So if we have to wait in apart then so be it.

And lastly, am i correct in saying that filing the i-130 then turns into the IR-1 during the process and it is not something we specially file separate?

Sorry for all the questions. Any help is appreciated.

Thank you