A90510

Yeah, we are planning to go that route, but I see now that it can take just as long or even longer to get a spouse here on a CR-1 =/

Update*** I've tried contacting USCIS. First I used their online messaging portal, but then received a message stating that they weren't able to answer my question ( I requested to have the case sent back to the consulate for a second interview). They gave me a number to call which keeps me inside an automated system endlessly pressing numbers in hopes to get connected to a physical person. Only, to come to an option where the automate response, informs me that they received our case on September 25, 2019 and a request to review it by the State Department. It said they would notify us by mail when they complete their review or contact us if they need further information. It also says please wait 180 days from the date of the transfer before inquiring about this case...........................................................................

30 minutes ago, ilovelondon said:

i think its.good sign and consulate will contact you

I was hoping so, but I got an email from the consulate stating they denied the visa and sent the case back to USCIS for review 😭

Update, I received an email from the NVC stating they sent my fiance's case back to the consulate. This is good news right? The email said to direct all questions to the consulate moving forward. I emailed the consulate after a few days to request further instruction, but have not gotten a response yet. They may have not received the case yet if they transferred the hard copy file. Does anyone know what to expect at this stage? 

On 8/17/2019 at 10:46 AM, Unknown4 said:

So that is the end of your fiance k1,sending k1 back to NVC they will left it expired,just first know the reason they send it back to nvc,bec that means denied, when you know the reason you can work on that on your fiance next interview at nearest future, when u have know the reason,just go back to him and get married and file cr1,I felt so sad for you,my case too still under administrative processing since 10 of may 2019 Usembassy Lagos Nigeria 

They gave me NVC's email address. We still haven't gotten a reason for denial, if it is one. 

17 hours ago, geowrian said:

Sounds like they don't expect AP to conclude in the immediate future, so they released the passport back to him. Sorry that he has to wait longer still. But it doesn't mean anything is wrong or he was denied at this time....it's just more waiting.

 

I'm guessing somebody has been calling or emailing fairly regularly about the case....that typically triggers the CEAC status update even if there's no actual change.

That's what we were thinking. I sent an email to them yesterday and I got a response back this morning my time....They said they have transferred my fiance's case back to the NVC and we can contact them in 45 days....based on what I've read in here so far, it doesn't look great, but....

19 hours ago, Moha21 said:

My 2 kids had their interview last December and still waiting  ..... No updates but AP,  i got tired of calling the embassy in Casablanca Morocco but they always hang up.....  And they refuse to talk to me about my children visas 

Wow, that is heart wrenching! I don't have kids, so I can't even begin to imagine what that feels like 😥. Sending prayers to you and your family 🙏🏾 

12 minutes ago, Teetop said:

Give it some time, the case is still under AP.. probably they are still investigating the application and all, keep your eye on the ceac status. Best of luck 

Waiting isn't easy, but yes, it seems that is all we can do. Thanks 🙏

Brief Timeline of Events

May 16--Fiance went for his K1 Visa interview, was given pink slip requesting to provide further documentation. The interviewing officer retained his passport

May 21- Fiance emailed supporting documents as requested to the email provided

May 28-Consulate called Fiance and informed they informed him that they received his supporting documents and they would be forwarded to his interviewing officer

May 29-CEAC Cased Update showed Administrative Processing 

May 30-CEAC Cased Update showed Administrative Processing 

July 24- CEAC Cased Update showed Administrative Processing 

July 25-CEAC Cased Update showed Administrative Processing 

July 26-CEAC Cased Update showed Administrative Processing 

Aug 5-CEAC Cased Update showed Administrative Processing 

Aug 7-CEAC Cased Update showed Administrative Processing 

Aug 8- Fiance received email from DoS stating that his passport has been released; DHL tracking number provided, expected delivery date Aug 12

Aug 12- Passport arrived at pick-up point

Aug 13........

Today, my Fiance went to pick up his passport. It has been such a long wait, we were excited, but I knew nothing was final until we saw the stamp. All this time mind you, CEAC tracker still showed Administrative Processing as they have not updated since Aug 7. We thought it was strange, it wasn't what we were expecting, but all we knew was that his passport was released and that's what we've been waiting for. However, once my Fiance got his passport, nothing was accompanied with it....he looked in his passport....and it was blank...no stamp....nothing. He called and told me about an hour ago....Immediately I thought, it sounds like they denied the visa.....but from what I've read if they denied it they should have sent a letter stating why, no? Or, is it truly still under Administrative Processing? Before we do anything hasty, we decided just to wait. Has this been anyone else's experience? What did you do?

Which consulate is this? This is awful, I'm so sorry =( 

On 5/19/2019 at 2:08 PM, Mike E said:

And just noticed this.

 

That is really bad. You've lost the original document that shows that there was a marriage which you would need to get a divorce certificate. Try to get it back.

I see what you're saying. Even though he U.S. only recognizes legal marriages outside the U.S., the marriage certificate wasn't valid. Anyone can sign pieces of paper and say they are married, but I see why having the original of any document would be important.

12 hours ago, VNN said:

It could be a miscommunication between her and the one who interviewed. The interviewer might think the marriage was actually legalized when she said she did sign a “marriage certificate.” 

 

 

It is confirmed that there is no way to obtain anything from South Africa government regarding this unregistered marriage/divorce, then:

(1) Try to obtain something from the government that there is no record of previous marriage*

(2) Have your lawyer sent detailed explanation and include (1) if it is obtainable.

 

*Vietnam, the Department of Justice lists the legalized marriages on its Police Report.

 

 

 

 

 

 

 

I can't see how there was a miscommunication. He gave the interviewer a letter from his attorney explaining that the marriage was never valid. The interviewed kept the letter and the hand written certificate and said it's the law to get a divorce....but we don't understand how the South African government can say on one end there was never a marriage, but now say there needs to be a divorce. Seems completely contrary, but thanks for the tip. We'll be getting documentation from gov't agency so there will be no issue. It's likely different departments don't communicate with each other so we'll have to bridge the gap.

Thanks everyone!

15 minutes ago, NigeriaorBust said:

  In many African countries having a formal engagement makes you "married"  to the extent that they won't issue a K1.  Your best bet is to get the laws of where ever that marriage licence is from , highlight was the one he had was never valid.  Does he know if she has married since ?  If she has that might help show them your fiance and her were not married.  

No, she has not married since, she was in other relationships even while they were together, that ended their relationship. She was engaged shortly after to someone else but that ended too.

So my fiance had his interview in Johannesburg, South Africa last week. They gave him a pink sheet listing outstanding documents that would be needed for them to issue the visa....The document they needed was a divorce decree or settlement agreement...for a marriage that is not even registered in the country......

Long story short, in his last relationship they signed a marriage certificate but the relationship fell through shortly after. They never lived as husband and wife though. A few years after he looked to file for a divorce in South Africa, but the court staff workers told him since they both were non-citizens and the marriage certificate was hand written and never registered in their electronic system, the certificate was invalid. They told him not to worry about it. He received a letter from an attorney summarizing this. So, in the spirit of transparency, this was brought out in the interview. The interviewer basically told him that the visa will be issued as long as the receive a divorce decree or settlement agreement....

I'm an attorney in the U.S.. I know that the laws outside this country differ (common law v. case law) etc. BUT it doesn't make sense that the consulate seeks documentation stating that a marriage that has never been registered, and recognized as valid in South Africa, now needs a document stating that it is dissolved.

Can anyone make sense of this?