Joy&Fred

Hello,
 
We filed a petition for K-1 Visa on August 2017 and we got our NOA2 on February 2018. In 45 days we were able to get our interview at the Embassy. Somehow, officer requested more information (we believe absent of photos caused problem). Following days we shared 90 photos that we sent to each other during our relationship. After few weeks, we finally get an e-mail stating that officer decided to sent our case back to USCIS for "possible revocation". We asked many times for official reasoning behind their decision but they did not provide and kept telling us to contact USCIS when our case is returned to them. My fiancé visited me in August 2018 we had amazing vacation. We sent the Embassy photos of us together at vacation, and asked that can we come in for interview but they said officer made their decision our case is going to sent back. To this date still our case is "Under Review" at Embassy website.
 
It has been over 5 months since our interview date, still our case is at the Embassy sitting on a desk. When we pointed this out recent weeks, they told us, our case will be returned when administrative process is completed and that we may resubmit our petition since it has already been expired. USCIS and Department of State telling us, until they receive our case back it will not start to expire.
 
How come a petition can expire without even being processed. I might be wrong but I do not think we will be able to file new petition without withdrawing current one.
 
We feel like Embassy is not being fair with us. Is there anything we can do in this situation? Can we report this to somewhere like Department of State?
 
Thank you for your time and help.

Thanks everyone this is very frustrating I am so heartbroken it feels like my husband died . I am worried if we don't figure something out I will become single and 13 years with a good man and now alone . Appreciate your help!!!

my husband just got back his passport with a denial stating he is inadmissible  under 9B2 212a 9 b II because he was present in us for more than 365 day and that the inadmissible expires may of 2028 it states we can fill out a I 601 but we had filed and were approved for a I 601a before he left it also states 9C1 212 a 9 c 1 that we could fill out I 212 . Do I need to fill out both or what guarantee is that going to give me if we are approved that he can come back . I already proved my hardship with the I 601a and that did not work so why should I fill out the other form sending the exact same info ? PLEASE HELP I AM DESPERATE !!!! we have been together 13 years and married 9 they are breaking up my marriage for nothing they don't care..

They are not breaking up your marriage. You are always free to move to your husband country.
 
It looks like he was rightfully denied visa for overstay and received 10 year ban.

Let's be honest here.  No one is breaking up your marriage.  Your husband chose to ignore US law, and he rightfully received a 10 year ban.  That was completely in his control. That is the harsh truth.  Now, you are left with few options:
1.  Seek the help of an immigration attorney.
2.  Try to submit the waivers yourself, and hope for the best
3.  Relocate to your husband's country to wait out the ban.
 
Personally, I would opt for #1.  Good luck to you and your family.

I'm sorry you've taken offense to my reply above, I'm just trying to understand and help you. You should have an attorney fight this if he has done nothing wrong. If what you are saying above is correct, someone had made a huge mistake. Again, good luck oh and by the way, thank you for the job referral. 

No need to be rude to folks who are trying to help you, even if you don't like what you are hearing.
 
Your initial post may have left out some pertinent details.  If you want more useful replies here, you may want to expand on your story.

Yeah. That's exactly what's on the (official) link I posted.
 
If you don't need I-601, then you just file I-212 separately and by itself.
 

Joy&Fred,
 
I understand your frustration.  However, somewhere along the lines something went wrong.  If you don't have a competent Lawyer, my suggestion at this point would be to get one.  My husband (then boyfriend) was deported via Expedited removal directly after arriving at the airport.  He admitted to working unauthorized.  He received the 5 year ban.  We obtained a lawyer and are following all the correct steps to get him back here.  Like you, when it all first happened, I was upset, pissed.  I basically wanted to hurt everyone.  But after reading and digging and learning, CBP did what they had to.  My Husband should have NEVER worked illegally.  Luckily, he was intelligent enough to admit it the first time asked which will be a big a benefit when it comes to his consular interview.  But the US did nothing wrong.  It does taste sour coming out of my mouth at times, but it is the hard truth.  My suggestion to you is to read and learn about the entire immigration process and maybe you will understand it better.  I hope that everything works out in your favor, I really do.  My hurt inside is still as fresh as it was 1 1/2 years ago when all this happened.  ☹️

I do not agree with you. But, since it is a Democracy, that's just fine. 

The only time "he left" is when he returned to El Salvador to "come in legally" as it was termed by your Vice President. Your President speaks out of both sides of his mouth, which is not how someone leads a country.  I guess you don't care what happens to your fellow Americans unless they support your president, but this is democracy still last I checked, and my husband is important to us regardless of your opinion.

I'm Canadian, and Canadians can apply for non immigrant waivers and I-212 directly at the border.
 
Your husband is an applicant for an immigrant visa, so he likely has to deal with the consulate (depending on whether he needs I-601).
 
https://www.uscis.gov/forms/direct-filing-addresses-form-i-212-application-permission-reapply-admission-united-states-after-deportation-or-removal
 
 

My I-212 was approved in about 110 days, but I filed it directly at the border instead of consulate. According to the CBP website, the US Consulate which made findings of inadmissibility should advice you on how to proceed.
 
https://www.uscis.gov/forms/direct-filing-addresses-form-i-212-application-permission-reapply-admission-united-states-after-deportation-or-removal
 
What was the ground for his admissbility? Was it overstay or removal?

We have had "refused" as a status on CEAC website for a month now. I have been told via email from the US embassy in San Salvador that my husband is not refused, that he is in administrative processing (he was given a 221g at the interview, and all requested paperwork was turned in). However, the status has not changed. In my experience, I believe the refused status is a mistake. Hope it all works out for you.

To clarify, he was refused under 221g. This refusal is being overcome via submitting additional documentation. The status just hasn't updated back to AP.

Well if you get denied then you get to pay the lawyer to appeal. Lawyers don't have any adverse effect from losing other than damage to their reputation. 

**** OP has received advice, and topic is decending into bickering, so locked. ******

From our experience and our research, here is what I can tell you.
 
My husband had his interview at the U.S. Embassy in Honduras on March 14th. He was pending his medical (doctor's weren't available at the time). Therefore he was given a white 221(g) slip. Keep in mind that a 221(g) is a temporary refusal, hence the refusal status in CEAC. He was able to complete his medical on the 24th of March and he sent it in via CargoExpreso that same day as well. CargoExpreso delivered it by the 26th of March. Unfortunately the "package" was not reviewed until April 18th. The 221(g) form explains that any document submitted can take 3 weeks for it to be reviewed. On April 18th his paperwork was finally reviewed and was considered "completed" because they had everything they needed now to fully revise the case. Until the Embassy received all pending documents AP will not start, AP for us started April 18th. I read that we must wait for 60 days to pass in AP before contacting the embassy. I was doing just that, waiting. On day #54, June 11th, we received a phone call and received instructions for the next step, we followed instructions. Yesterday CEAC updated to ISSUED and I am hoping to have my husband home very soon. He has been in away from home for 4 months now. Our circumstances might be different but I hope I helped you understand how AP can work. Administrative processing will not begin until the embassy has received and reviewed all of the pending paperwork. From reading into your situation it sounds like AP probably started on Friday when he received the email indicating that they have received all of the documents and wait for their call. We also received a similar letter that stated "we will call you when we are ready to move forward" I know that playing the waiting game is very stressful. I can't even begin to tell you how many times I've cried myself to sleep. I also have a son who is constantly asking for his father but at this point there is very little to do. Just wait and continue to check CEAC for updated dates. Sending positive vibes your way.

I'm sure your elected officials would love to hear about the solutions you have to fix the system.

No one cares on any level, obviously, so no point wasting my time. The US government makes you give all the details along with medical documentation of how you and you family will suffer without your loved one. They are fully aware of the hell they are causing in my family's lives since they gave us a waiver. Even with all that knowledge they put us in the bureaucratic black hole of AP to wait forever and a day .My country does not care what happens to us.

I'm saying nothing of the kind.  If anything, I'm saying you are rejecting all other opinions that disagree with your own.  Only those open to learning from others can learn from others.  You've been given lots of good information here, more from others than from me frankly.  However, you have rejected it all, so have learned nothing.  That speaks to you, not the potential of discussions here on VJ.

It means you have expressed several opinions.  Opinions vary.  That's why we call them opinions.  You've seen some facts and you've formed opinions about those facts.  Others, with a different point of view will see those same facts and form different opinions.  Different is a spectrum, not an opposite.  The problem with arguing "opinions" is that strongly held opinions tend not to change.  In some cases there is no "right" opinion.  In others there IS a right opinion.

I am not stupid, and I don't believe that magically we will skip the process, but my research, which is with actual human beings not from behind a computer screen, tells me that our process is taking way too long. It is highly discouraging and possibly suspect when  I personally know multiple people who have sought the same visa from the same embassy and have skated through no problems.  This is further shown in this forum when people magically go to the SAME embassy we are dealing will and dance out wth a visa. Either people are all lying or something is suspect when my husband has NO INELIGIBILITIES TO SPEAK of and is being overly processed.

You could do us all a favor and fill out your timeline so we have a better idea of the timeframes you are thinking of?
 
Men from pakistan often have to wait YEARS in AP without a reason why. 
 
No one is blaming or shaming you, simply letting you know that you need to calm down and give it more time than you think.  Embassies are quite slow to react to evidence provided after the fact (even when requested by them and given in a timely manner.)  Simply put you're not the only fish in the sea.  Waiting when we have zero control is really difficult.  I quite remember crying on Skype to my husband about the black hole his petition seemed to be in.  He reminded me that the government is slow and to just relax.  So that is my thoughts to you.  Don't have these expectations, try to remember you've done all you can, and that currently you have no control over this aspect of your life.  Try to be positive.  

On this point, I applied here in Sweden for my Irish husband. We have a very clean case: married for many years, children, property, joint assets, clean records, etc. On his interview date his medical report had not yet been received by the Embassy, so he received a "refusal" letter and this was reflected online. Of course it's nerve wracking to see that word after such a long process. The report was received two days after his interview and it was still several weeks before we received final approval/return of documents. I know the waiting is tough...hope you have a resolution soon.