amrssnowangel

OK here is the issue I have. Almost 2 months ago my boyfriend (from the UK) came to visit me under the VWP. Since he has arrived my divorce finalized and we decided we want to get married. We originally thought about doing the K1 but it is such a lengthy process and we are wanting not to be apart obviously can we get married since the "intention" at the time he came in was just to visit and not marry? what would the process be once we get married?

I have asked on another forum but you all see to know so much more about this stuff. Thanks so much!!!!

<BR>OK here is the issue I have. Almost 2 months ago my boyfriend (from the UK) came to visit me under the VWP. Since he has arrived my divorce finalized and we decided we want to get married. We originally thought about doing the K1 but it is such a lengthy process and we are wanting not to be apart obviously can we get married since the "intention" at the time he came in was just to visit and not marry? what would the process be once we get married?<BR>I have asked on another forum but you all see to know so much more about this stuff. Thanks so much!!!!<BR>

<BR><BR>Technically you can marry while he is here and technically he wont have to go back.  However, the burden of proof will be on you to prove the intention was NOT for marriage.  It will be looked at closely as possible visa fraud which is a crime.  He could be deported after marriage and banned from the US.  I for one would rather take the long wait..then to risk my husband being banned from the US.  Proving "intention" is next to impossible...I'd stay with the K1 route.  6-8 months out of your lives wont make a difference to you 5 years from now...but him being deported and banned WILL make a difference to you 5 years from now...I'd stay safe...k1...<BR>

I find that i dont post as often in MENA for the same reasons...even though we all have a right to comment...this section of VJ is the most negative and rude we have on this board. I find more support in other sections of VJ and more positive outlooks. I almost hated to come back to posting here...but have come to the same conclusion..doesn't matter what others say...take what we can from the comments..and leave the rest behind. I dont want to lose out on the valuable information the experienced MENA AP'ers and applicants have to offer.

I truely wish it was a more positive place...and not so full of ridicule, judgments and lack of support. The long term AP'ers have a lot to offer us newbies...but our attitudes here can, have and will scare of others that could really benefit from the insight all of you have. And to be honest even the negative posts or rude commenters really do give good info...but its hard to see when you feel attacked..its all in presentation.

We are sending the packet 3 in tomorrow. He has completed medicals etc, but I see you all are talking about translations???????? Of what exactly???? He filled out the forms in English. Are you talking about the police reports and birth records etc?? Anyway, since Cairo is doing alot of homevisits to families of the applicants I think it would be a good idea to have his family there with him.They are making all these homevisits these days. One woman I talked with , told her man they were going to maybe homevisit him and he divorced her... can you believe that jerk. He told her that his family knew all about their marriage and turned out they didnt know, maybe thats why they are doing alot of these homevisits now. Maybe that would speed it up , if his family was there if they wanted to talk to them.

you know I NEVER even thought of that!!!!! WOW!! What a big jerk!!!!!!

You don't need a translation for the interview but you will need one for when he gets here and you file for the adjustment of status so don't be in a rush but do get it done before he leaves Egypt.

WOW thats amazing..I can't believe someone would do that....I guess it can happen.

My SO says he is free to marry whom he chooses. As a muslim MAN..that is his right. His family has been accepting of it so far and obviously they know as I do call and speak to his mother..with what FEW words I know in Arabic..and recently she told me to take good care of him. That much I understood.

I noticed that most homevisits seem to be with K3 applicants..with a few K1's mostly with age gaps. We aren't sure if his parents will agree to go..right now he isn't feeling well from the shots they gave him..reaction maybe???

I agree Bridget...translations aren't absolutely needed till he is here and we change status. We did NOT send ANY translations...but will work on those to pass time after the interview. Im a bit nervous about the interview to be honest. I will be going and read a review from the Jan 21 interview in Cairo...his fiancee was allowed to go TO THE WINDOW with him and was INTERVIEWED AS WELL. The review states that the CO was VERY FRIENDLY....maybe becuase the USC was there to?? I know I will be going right by him to that window unless someone stops me...seems Cairo is allowing this now??? In shaa Allah. I can only hope.

I still pray that our 4 years together (3.5 before we even filed) and total of 5 visits (3 before we filed) will help us overcome our age gap and any other red flags they may see. I will wait till they get the packet 3, then start to email for our interview date. I see some where they sent packet 3 over 3 weeks before they got any date...

Does anyone know if they do any AP BEFORE the interview??

The only time I've seen AP before the interview is at the USCIS stage. I think you just need to have the mindset that you will be in AP after the interview and that way if you're not you'll be pleasantly surpised.

When I went to the interview I was allowed to the window but we weren't talking to the person who was to interview him. I kind of got the impression that if it were the CO I'd still be allowed though. Didn't make any difference either way since we're still going on 6 months of AP. They have it on record that I was there and they have the pictures of me and all that from the security cams and yet they still have us on hold and are investigating his little neighborhood. If there are any excitable peeps in his neighborhood you might want to give them a heads up since the guy doing our investigating wears a dark suit and dark sunglasses...something out of Men in Black. lol. Scared the bejesus out of most of the people in his area since they all thought it was some secret police or something.

Egyptian MIB...now THERES a sight...lol.... Well, no one in his neighborhood knows me or us...I've never been to his home...as of yet...his parents are more traditional and felt it was not appropriate for me to spend the nights there without marriage...even visit until things were more official..still not sure if I will meet them this trip in their home or in a restaurant. Odd...they are traditional in most ways yet seem ok with our wanting to marry. We have not had a formal engagement..so Im sure that is the main reason why...he can't afford it right now..and i dont want all that show. His family and he are very private people...quiet and stay to themselves. But Im sure the people in his building can attest that he is not currently married...and to his identity. His parents have seen my picture and we've talked on the phone. (we aren't even sure they know we see each other by cam..LOL)

Im well prepared for a long AP We have planned periodic trips and a back up plan if things go way to long or we are eventually denied or returned to USCIS.

As I told my SO...I dont think its any one thing that lands us in AP or a fast approval..but the over all picture..Im sure they look at many factors to make the decisions they do such as age gaps, length of knowing each other (before filing), number of face to face meetings BEFORE filing...or marriage, and how well the beneficiary interviews. I have to wonder if the financial condition of the family would matter..such as what area they live in..small town...or cairo or city..what area of cairo...and so on. I'd think that they look at how the couple met and what evidence they provided in the initial application. Seems many make this decision for AP without even reviewing additional evidence the couple may present..so I have to assume its a combination of these things...including if they held visas to usa in past...or other areas. Education, military service, employement...anything that may make the male seem unstable or apt to "use" someone for visa. I dont think its any one thing..sort of like a puzzle...if by the end of the interview..the missing pieces aren't found by the CO...they will go look for it. If there are name checks with name hits...a couple could look at 6 months or more in security clearances. Then if the officer still wants to investigate the validity of the relationship...that takes time to. who knows...I know we will just prepare for the worst..and hope for the best...

Faith

We are sending the packet 3 in tomorrow. He has completed medicals etc, but I see you all are talking about translations???????? Of what exactly???? He filled out the forms in English. Are you talking about the police reports and birth records etc?? Anyway, since Cairo is doing alot of homevisits to families of the applicants I think it would be a good idea to have his family there with him.They are making all these homevisits these days. One woman I talked with , told her man they were going to maybe homevisit him and he divorced her... can you believe that jerk. He told her that his family knew all about their marriage and turned out they didnt know, maybe thats why they are doing alot of these homevisits now. Maybe that would speed it up , if his family was there if they wanted to talk to them.

you know I NEVER even thought of that!!!!! WOW!! What a big jerk!!!!!!

You don't need a translation for the interview but you will need one for when he gets here and you file for the adjustment of status so don't be in a rush but do get it done before he leaves Egypt.

WOW thats amazing..I can't believe someone would do that....I guess it can happen.

My SO says he is free to marry whom he chooses. As a muslim MAN..that is his right. His family has been accepting of it so far and obviously they know as I do call and speak to his mother..with what FEW words I know in Arabic..and recently she told me to take good care of him. That much I understood.

I noticed that most homevisits seem to be with K3 applicants..with a few K1's mostly with age gaps. We aren't sure if his parents will agree to go..right now he isn't feeling well from the shots they gave him..reaction maybe???

I agree Bridget...translations aren't absolutely needed till he is here and we change status. We did NOT send ANY translations...but will work on those to pass time after the interview. Im a bit nervous about the interview to be honest. I will be going and read a review from the Jan 21 interview in Cairo...his fiancee was allowed to go TO THE WINDOW with him and was INTERVIEWED AS WELL. The review states that the CO was VERY FRIENDLY....maybe becuase the USC was there to?? I know I will be going right by him to that window unless someone stops me...seems Cairo is allowing this now??? In shaa Allah. I can only hope.

I still pray that our 4 years together (3.5 before we even filed) and total of 5 visits (3 before we filed) will help us overcome our age gap and any other red flags they may see. I will wait till they get the packet 3, then start to email for our interview date. I see some where they sent packet 3 over 3 weeks before they got any date...

Does anyone know if they do any AP BEFORE the interview??

Interview Schedule is updated today and mine is there after all.

CHECK IT OUT:

Interview schedule

Cheryl

CONGRATULATIONS Cheryl............. we just sent in our packet 3...following right behind you in shaa Allah..

Hello everyone...Tarek got his last PD check back today woohoo...tomorrow he gets translations and then off to DHL - - WOOHOO so we can wait...hahahahahaha for an interview...however we are making progress..and one day this too shall end....good luck everyone else....Cheryl - still no interview?? Have you tried emailing Cairo lately I have yesterday and today...my emails are being bumped back as undeliverable...huh?! whats that mean???lol......

Melinda as you know we now have an interview finally!! February 11th 2008 at 0730. I called the NVC almost every other day and emailed the embassy many times during our wait. Sometimes I think it made them mad so they made us wait longer. But I am not sure of that. Sometimes when your email to the embassy gets kicked back as undeliverable it means their box is full. Best time to email them is around 8am Central time. It is when they are just closing and the box should be empty then. However, I have had it returned to me twice in a row and on third time it take. So just keep trying. Good Luck hope you get an interview quickly. There was one couple sent theirs on December 25th a day before us and they got their Packet 4 on Jan 1st and had Interview on January 20th. We sent ours on the 26th and got an Interview date of February 11th. I am happy for them and glad they got a quick response But it would be nice if all got such quick response. It is not their fault though it is totally the embassy's fault!! We still have not gotten Packet 4.....I called NVC and they told me our Interview date and said embassy sent out packet 4 on January 22nd. So if we do not hear from DHL by end of week we will call embassy and check on it. Good Luck to all of those still waiitng for Interview dates. Hang in there!! As Melinda said "This To Shall Pass"

Cheryl

Ahhh..good to know we can call NVC to check on our interview date...I wonder what takes some longer than others to get the interview scheduled. I know once they get it..they double check it to be sure they have everything then schedule the interview...who knows...Anyways...you are on your way...our packet 3 goes out by DHL tomorrow...Does anyone know how long it takes them to get it? Good luck to all...Has anyone gotten their interview date FROM Cairo via email if they emailed to inquire???

I always just checked here and found out via the site before they even sent him the packet 4. http://cairo.usembassy.gov/consular/iv8.htm

You know...I read that on here from you in another thread and tried it...they recently updated it Jan 21...however...the ONLY interviews I could see were through Jan 21...nothing after that..?????? Im confused....

Hello everyone...Tarek got his last PD check back today woohoo...tomorrow he gets translations and then off to DHL - - WOOHOO so we can wait...hahahahahaha for an interview...however we are making progress..and one day this too shall end....good luck everyone else....Cheryl - still no interview?? Have you tried emailing Cairo lately I have yesterday and today...my emails are being bumped back as undeliverable...huh?! whats that mean???lol......

Melinda as you know we now have an interview finally!! February 11th 2008 at 0730. I called the NVC almost every other day and emailed the embassy many times during our wait. Sometimes I think it made them mad so they made us wait longer. But I am not sure of that. Sometimes when your email to the embassy gets kicked back as undeliverable it means their box is full. Best time to email them is around 8am Central time. It is when they are just closing and the box should be empty then. However, I have had it returned to me twice in a row and on third time it take. So just keep trying. Good Luck hope you get an interview quickly. There was one couple sent theirs on December 25th a day before us and they got their Packet 4 on Jan 1st and had Interview on January 20th. We sent ours on the 26th and got an Interview date of February 11th. I am happy for them and glad they got a quick response But it would be nice if all got such quick response. It is not their fault though it is totally the embassy's fault!! We still have not gotten Packet 4.....I called NVC and they told me our Interview date and said embassy sent out packet 4 on January 22nd. So if we do not hear from DHL by end of week we will call embassy and check on it. Good Luck to all of those still waiitng for Interview dates. Hang in there!! As Melinda said "This To Shall Pass"

Cheryl

Ahhh..good to know we can call NVC to check on our interview date...I wonder what takes some longer than others to get the interview scheduled. I know once they get it..they double check it to be sure they have everything then schedule the interview...who knows...Anyways...you are on your way...our packet 3 goes out by DHL tomorrow...Does anyone know how long it takes them to get it? Good luck to all...Has anyone gotten their interview date FROM Cairo via email if they emailed to inquire???

Hello everyone...Tarek got his last PD check back today woohoo...tomorrow he gets translations and then off to DHL - - WOOHOO so we can wait...hahahahahaha for an interview...however we are making progress..and one day this too shall end....good luck everyone else....Cheryl - still no interview?? Have you tried emailing Cairo lately I have yesterday and today...my emails are being bumped back as undeliverable...huh?! whats that mean???lol......

Im SOO happy to hear you are sending off packet 3 ...........yeahhhhhhhhhhhhhhhhhhhh We are sending ours out Wednesday or Thursday depending on the medical packet coming in. We decided to translate all his documents but will do it before the interview...that way we have them for interview..and AOS..but can go ahead and send out packet 3. We decided to translate all at once..since he will have his uni records translated as well...Seems Cairo is scheduling interviews 3-4 weeks from date we send back packet 3.

Cheryl...Email cairo..or call the Embassy and ask about your interview...I know sometimes these packets aren't mailed out..or lost in mailing system never to be received. Don't wait for them...

Good luck to all...we hope to have our interview by late February...in shaa Allah...

Hey guys, How are you all doing, I just wanted to let you all know what's going on, And what you think.

We have been told on Dec 30, 2007 that The domicile issue has been resolved; the visa will be issued with in this week.

And we waited for visa for 2 weeks but we didn't get it, And when we emailed them to know what's going on, They came back and said on Jan 13,

The domicile issue has been resolved. However, the case is still

pending administrative processing. We will contact you once that

has been completed.

We got really really really mad, And my wife called them and yelled at them, Because they told us that they will send the visa, And they came back and said there waiting for (Ap) from washington, My wife bought 2 plane ticket, But both time she didn't travel.

They came back on Jan 15 (2 days ago), And they told us that,

The administrative processing has just been completed. The officer in charge will review the case for issuance. Your husband may expect his visa soon.

But when we called them, they told us there could be more (AP), And untill you get the visa there could be more (AP).

Thanks god for every thing, Even if we have nothing, He always chooses the best for us.

What's your opinion about this case, If they decide to do more (AP) what kind do you think it will be, And will they keep there word this time or not.

Thank you

Mostafa

Sounds to me as if the DOS part of your AP is completed..that the security name checks are done...now the officer will review the case...and IF they decide they want to investigate more...the Embassy can...they can now refer the case to the fraud unit for home visits and more inquiries... This additional processing CAN add up to another 6 months to the AP wait...or more if needed. Just hang in there..let them do their job and all will be well, in shaa Allah.

Melinda,

Just the B C needs to be translated.

thanks nagi - as always ur a HUGE HELP!!!!! I will pass this info along to T...ty:)

According to the Embassy:

Dear Madam,

No need to translate such documents. He should photocopy only the first two pages of the passport.

Regards,

Consular Staff

NM

According to them..NONE of our documents need translated at this level... jsut for AOS.

I absolutely agree with the fact that there needs to be security checks and heavy inspection when it comes to filing for Visas. What I DO have a problem with, as in our case, when these government offices LOSE documents that you KNOW they have because you have copies of EXACTLY what was given them and they still say they are missing!!! You are at their mercy and must spend your money and time to get duplicate originals of documents that they have misplaced!

Yes, there have been many threads about this issue. And it's hard, dayum hard going through AP. Hicham and I suffered a year and two months in AP! I definitely do not think that these cases are purposely or maliciously delayed. It's hard to not see that when you are so far apart from your SO.

I think the NUMBER ONE reason that these applications are delayed and sit for months is because the system itself is archaic, broken, horribly understaffed and with little oversight. We are smaller than David going up against Goliath! BUT, it's the burden one has to bear for marrying a non-USC.

Jeez, I wish there was this kind of system for just marrying a regular USC....might have saved me from my first marriage!!!!!

LOL I agree....wow..its harder to marry in Egypt than USA....Easier to divorce....May have saved me to....

Useful for AOS.

Ohhh Yes...AOS..yes..but is it mandatory for the interview?? thats my question...if not...we have time to translate it...as well as his university records and degree and all other important needed documents....I mean just for this interview is it a MUST have.

yes i think the difference is the k3...you dont need the fiance forms. so maybe k1 IS still 100??? Im sooooooo confused..LOL

No, K1 is $131. Someone on the Sub-Saharan Africa board noted that last week her fiance went for interview and people were turned away for only having $100 and not the full $131. K-1 and K-3 are both non immigrant visas.

Thank you for clearing that up....I checked the DOS sight and its states what you just said...thanks

Another thing to consider is: you're in a long distance relationship with your SO who must go through the procedures to come to the US to be with you- didn't you think about that and consider how difficult it will most likely be before you filed your petition? I just don't see how far the complaining is going to get anyone. It always comes back to the same thing that we have no idea why Cairo is slow and we probably will never be able to pinpoint the issues and why AP takes so long. No one here was forced to petition for their SO- it's a choice that we all made and we should be able to handle the consequences. They'll get here eventually.

Good luck!

LOL...I wasn't complaining....I was throwing out statements for debate...wow..I knew what I got into the minute I agreed to marry him. I just posted info...hoping it would help someone...the comments were meant to get a debate going...NOT my own complaints of time waited...my goodness...we've barely just begun... Personally Im ready for the long haul...and I understand what the process is..and WHY i may be held up.... I never said my statments were my opinions...just something to get a topic going for debate...I DO see others complaining...THATS why I wrote it....

Melinda,

Just the B C needs to be translated.

why just that??? My packet three doesn't say ANY of it needs translated...im confused

Im 99 percent sure that it is the interview application fee so I would think it would be 131 for you too.

Better check though HAHA

well we settled it...he'll take the 131..and if its only 100...he can use rest for something else. Im not paying it anyways...but he will be prepared for the higher amount..I htink you are right..

So basically...we agree...the job of the embassy is important...that they do their best to provide security and fairness....

i wasnt stating my opinions per se...just thought provoking questions....

Out of all the forums I've been reading for the last 7 months...this MENA one is the most high spirited one there is I do believe.... nice to be a part...

Dont I have the right as a US Citizen to marry whom I choose...and the consequences are mine to take? Who asked if I wanted protected from my own decisions? Isnt their job just to ensure we are eligible for visa...and that we have no security issues? How can anyone decide what is real and what isn't real? To decide what is fraud and what isnt?

But your decision and your marriage don't affect only you and your partner when U.S. immigration is involved. If they did not take measures to prevent fraud, how many people would be using marriage scams to get into the country? I don't know about you, but I don't want some shyster being able to come over here when honest, hard-working people aren't able to get visas because they don't have an eligible visa category and they're not willing to defraud in order to come here.

How do you determine...who is real and who isn't...how do you protect the innocent..maybe its not an upfront issue..but after the visa issue....say...if divorced...they are deported...maybe they will think twice before trying the fraud to begin with?? Knowing that unless they actually make it to become a citizen..they know they are here....to be married...unless they can prove extenuating circumstances...people make it through on fraud...and many innocents are penalized with denials...sowhat is the answer???

I knew this would spar a bit of lively debate...lol...i was bored...

For some that never went to DOS yet...and is told Cairo is doing the checks...the bolded section would appear to apply...this is sad sad sad....why should this take so long in todays age of technology???

I don't know about other countries but Egypt isn't a good example of today's age of technology. They JUST started issuing id's about a year or so ago which tracks a lot of information just as our information is tracked via our social security number.

you are right...but Cairo runs Mantis and condor and other checks from the embassy according to information I found...that is why they CAN at their discretion do security checks from the embassy..its a different set than is done in Washington

[For some that never went to DOS yet...and is told Cairo is doing the checks...the bolded section would appear to apply...this is sad sad sad....why should this take so long in todays age of technology???

Here's something I learned while we were in AP. The times I did call DOS sometimes I was told the case was in Cairo and other times in Washington. I was under the impression that the whole case was being shipped back and forth which was not the case. Say my husbands case needed a certain security check done, they said they just woudl cable (email) the info to Washington and once done with the check it was sent back to Cairo via email.

Exactly...once one check is done...it goes back to Cairo...at CAIROS discretion they can order more checks...based on the findings...so yes...I can see where it would go back and forth...

Is this a comptetion to see how many Egypt AP/DOS threads we can possible accumulate?

LOL! Maybe!

What about #17.......the people in Cairo just don't work? Really, we had none 1-16 and we still had 6 months of AR. Seriously, Cairo has to be one of the busiet embassies since a lot of other countries go through them. I know it's not an excuse though because they need to have staff to cover everything. Yep....AP sucks big time.

Just because you didnt have any of the issues listed..doesn't mean you didnt get a name hit to cause delay...see the added information I found and posted here....many checks and security checks are done and CAN take up to 6 months alone...then in additions.....if cairo decides they dont believe the validity of the relationship..they continue on...with sth that may take 6 months MORE...Im just saying this information when put together...may help some understand what they are going through....we say we have no knowledge..that we are in black whole..yet when information is presented...we can't see it for what it is....

I read somewhere the timelines used for EACH name check..and it depeneds on how many they decide to run....so times can be from 2 weeks to 6 months or more JUST for the name checks....

Is this a comptetion to see how many Egypt AP/DOS threads we can possible accumulate?

No...just thought the information would be useful...i read so much about those who dont know why they are still waiting?????? Seems to me that if we've addressed this before..then why is there still a question about what is going on and why??? So no matter how many threads there are...hasn't seemed to answer any questions...but just oopened speculation and debate..thought information might be useful...

At Consular stage, there are three (3) Visa Security name checks done: CONDOR, MANTIS AND MORE ANOTHER NCIC (via CLASS)

[Consulate has option, if warranted, to run full gamut of checks, such as CCD (past visa applications & results), TIPOFF (DOS Bureau of Intelligence), NAILS (Nat'l Automated Immigration Lookout System), TECS II (Treasury Dept. database), TSC & TTIC (DOS Terrorist screening)].

CONDOR refers to a check done mostly of information supplied on Form DS-157, and focuses on visa applicants with a potential terrorist, firearms or weapons background. CONDOR in most cases should be completed in 90 days or less. If not, contact the VO Public Inquiry line at Tel: 202-663-1225 or usvisa@state.gov

MANTIS refers to when potentially sensitive technologies might be used by the visa applicant in her visit to the U.S. If the visa applicant might employ a "critical-fields" technology in the U.S. which could have a "dual-use" such military or national security application, this check will be done to screen out a high-risk applicant. Most MANTIS checks can be done in 30 days. If not, contact the SAO Problem Resolution Unit at saoinquiries@state.gov.

NCIC (via CLASS) refers to the name check procedure done by the Consulate with the NCIC criminal database at FBI. This procedure screens visa applicants by name to see if there is a "hit" with the criminal database: that is, a person in the criminal database has the same or very similar name to the visa applicant.

"False Hits" Problem: Consular posts however have recently been inundated with "false hits" from 7 million new names added to the NCIC database, including persons with convictions for minor offenses such as simple DUIs and shoplifting. Many visa applicants with common names with those in the database get a "false hit": the refers to when a visa applicant's name matches a name in the datebase but is NOT actually that same person in the database, just a person with a common or very similar name. This places the case into what is called "Administrative Review". Under current rules, the Consulate is required in this circumstance to receive full clearance from FBI (via the NVC) before Consulate can issue the visa. It may require a full fingerprint check and customized investigation. Full clearance from FBI (via the NVC) in most cases can take 4 to 6 weeks, but in some cases much longer and even months.

"False hits" have become a major problem for some visa applicants. There are reportedly an alarming number of false hits caused by similar or identical or very similar names, or errors, inconsistencies or discrepencies in listed names in official documents. This is true especially in countries, such as the Latin countries, where there are only a few surnames and name-similarity is common, or record-keeping accuracy in official documents is dubious. Reportedly, approximately half of all names in the NCIC database are Latino, and this has resulted in a high number of false hits for individuals with common or very similar last names at Consulates in the Latin countries. Applicants presently are not allowed the opportunity to prove that they are not the same person as that on the database, nor is there a way to initiate security checking in advance of the visa application.

Thus, the best protection for visa applicants to avoid name check problems and delays resulting from Administrative Review at the Consulates and USCIS is: providing full, accurate and truthful name information (first, last, middle, and other) in all forms and documents, timely submission of local police clearance reports and promptly complying with any request for full fingerprints.

*SPECIAL NOTE ON EFFORTS TO AVOID OR CIRCUMVENT "FALSE HIT" BACKGROUND SECURITY CHECK*: Except in the most extra-ordinary circumstances, advance efforts to avoid or circumvent "false hit" before it happens, or complete a background security check in advance, such early submission to the Consulate of the DS-156 and DS-157 or police, arrest or fingerprint records, will probably not be fruitful. As stated by AILA: "Although attorneys have attempted to be pro-active and expedite the process by submitting copies of arrest records, final court-dispositions and attorney-initiated FBI results [and DS-156 and 157], at the initial visa application, consular officers are required to obtain fingerprints in a NCIC name check "hit". Once a post has received a response from the FBI via the National Visa Center (NVC), it may at the consular officer's discretion accept documentation from the applicant that matches the extract provided by the FBI. However, consular posts will not accept submission of all related documents in lieu of initiating required security checks and fingerprinting." See 22 CFR Section 41.105(B)(2), and "DOS Answers to AILA's Questions" (Oct. 02, 2002), published on AILA InfoNet at Doc. No. 02100340 (posted Oct. 03, 2002).

*SPECIAL NOTE ON NEW SOFTWARE TO EXPEDITE "FALSE HIT" CLEARANCES*: Department of State (DOS) has initiated worldwide deployment of new computer software that is expected to greatly reduced the clearance time for applicants who have been the subject of "false hits" in the visa security check process. The new software will allow posts to capture the applicant's digital fingerprints and check them electronically with the FBI's NCIC database within 24 hours. DOS has launched this new software through a pilot program at consular posts in Mexico City, and reports that the pilot program has been able to clear "false hits" in as little as same day (sometimes in one or two hours). Worldwide deployment of the new software to expected to be finalized once the Technical Communications Security Office approves the program. See "DOS Answers to AILA'S Questions" (March 23, 2006), published on AILA InfoNet at Doc. No. 06041060 (posted Apr. 10, 2006).

II. ADMINISTRATIVE REVIEW

"Administrative Review" refers to a Consular Official placing the case "on hold" because the Visa Petitioner or Beneficiary FAILED TO PASS the security name check or background check, or because the Consulate or State Department or Homeland Security NEEDS TO INVESTIGATE some issue or matter in the case more closely. Cases placed into Administrative Review can ADD WEEKS OR EVEN MONTHS to processing time and final decision on visa issuance, typically in most cases AT LEAST 4 to 8 weeks additional time. Under current regulation, there is no right of appeal within State Department or Homeland Security for administrative review status. It is suggested that visa petitioners and beneficiaries keep track of the status of their case as best as possible, and secure, if possible, the reason or reasons their case has been placed into administrative review, which at least helps to relieve some anxiety during the waiting time.

**STATUS CHECK OF CASES IN ADMINISTRATIVE REVIEW: Status Checks of cases in administrative review should first be addressed to the Consulate in question. Click Here for List of Consulates. The State Department's Office of Visa Services can also assist in status checking of cases which are unusually delayed. Tel: 202-663-1225 (Punch 1, Then 0, Avg. Wait Time Approx. 15 minutes to Speak with a Live "Visa Specialist", ET 8:30 AM to 5:00PM). E-Mail: usvisa@state.gov Click Here for More Information. For people who want to be active during the painful waiting period, especially if it becomes protracted, here are two suggestions: 1. Request in Writing Information from Immigration Service and the State Department under the Freedom of Information Act (FOIA) regarding the reason for the Administrative Delay. See: USCIS Freedom of Information Act Request. and State Department Freedom of Information Request. 2. Order the Visa Applicant's FBI record directly from the FBI and have it ready in case the Embassy requests same. See: FBI Criminal History Record.

**WRIT OF MANDAMUS: What is this Writ and How is it Obtained?

"Writ of Mandamus" refes to a federal court order signed by a federal district judge which directs the Consular Official in the State Department's U.S. Consulate abroad to decide whether to issue a visa or not within a short time. It is appropriate ONLY in a limited number of extra-ordinary cases, where the visa applicant's waiting time has been extremely long. It requires that the U.S. Citizen Visa Petitioner be prepared to spend the time, effort and money to file a federal court lawsuit, namely, an Action for Writ of Mandamus, in the District Court where the Petitioner resides. It is also generally required that reasonable documented efforts be made with Immigration Service or U.S. Consulate and State Department BEFORE filing suit in court.

As explained by the U.S. Court of Appeals, 9th Circuit:

"Mandamus is an extraordinary remedy and is available to compel a federal official to perform a duty only if: (1) the individual's claim is clear and certain; (2) the official's duty is nondiscretionary, ministerial, and so plainly prescribed as to be free from doubt, and (3) no other adequate remedy is available. Azurin v. Von Raab, 803 F.2d 993, 995 (9th Cir.1986)."

A Writ of Mandamus is usually not appropriate for a Visa Petitioner and Applicant whose case has been placed into Administrative Review for only a few days, weeks or even months. However, it may be appropriate for a case which has been waiting for many, many months and even years. See: Patel v. Reno (U.S. Court of Appeals, 9th Cir., No. 96-55359a, Jan. 16, 1998)(Court issues Writ of Mandamus to Consular Officials at U.S. Consulate in Bombay, India because "consulate had a duty to act" when Petitioner's family visa applications were under administrative review for EIGHT (8) years without decision). For more general information, see: Writ of Mandamus Process Practice Advisory from AILF

For some that never went to DOS yet...and is told Cairo is doing the checks...the bolded section would appear to apply...this is sad sad sad....why should this take so long in todays age of technology???

How horrible that they should scrutinize the validity of a relationship/marriage this way. And is this 6 months in ADDITION to the security checks??? is THIS why they do the home visits?? Becasue they doubt the validity of a relationship/marriage? Hmmm...Dont I have the right as a US Citizen to marry whom I choose...and the consequences are mine to take? Who asked if I wanted protected from my own decisions? Isnt their job just to ensure we are eligible for visa...and that we have no security issues? How can anyone decide what is real and what isn't real? To decide what is fraud and what isnt? For those waiting it sure doesn't feel like its protection..but more of a torture...

I feel for those waiting...my prayers are with you. I just thought this information was interesting...

Any comments??

Debate??

thought it would lend to some interesting conversation...

Faith

more than you know!!!! I'm gonna try to sit back on this one since I've tried in the past to state the exact same argument.

Im sure it can be argued both ways...its not our RIGHT to bring just ANYONE into our country...that may be true...but it IS my right to marry whomever i choose..so long as they are not a threat....I am posting more information about security checks at the CONSULATE level..that may explain why some never have left the embassy.

yes i think the difference is the k3...you dont need the fiance forms. so maybe k1 IS still 100??? Im sooooooo confused..LOL

Some are in terribly long AP delays and seems there may be no explanation for those delays. I found an attorneys site with the following information:

The K-1 visa is a highly reliable visa if done correctly. Nonetheless, about half of fiancees fail to receive their visa on the day of interview (our firm has a 97% success rate for first day issuance, and 100% eventual success). Failure to issue the visa on the day of the interview can lead to lengthy and grueling delays (we have to go through it every once in a while ourselves, and, believe us, it is not pleasant), and possible denial or return of the petition to the USCIS for “administrative review” and possible revocation. Some of the more common issues that can lead, alone or in combination with other problems, to a denial/failure to issue are:

1. Missing documents

2. Incorrect paperwork

3. Insufficient income/savings of the U.S. citizen sponsor

4. Very large age difference between the couple

5. Fiancee can not obtain written consent from the ex-husband for their child to leave the country

6. Poor English skills of fiancee

7. Couple hasn’t spent enough time together in person

8. Couple lacks sufficient evidence of recent day-to-day contact

9. Fiancee interviews poorly and the consul doubts that there is a bona fide relationship with the U.S. citizen

10. Fiancee has relatives or friends in the U.S. who seem to be taking too large a role in match-making

11. Fiancee was previously in the U.S. and overstayed the visa

12. The U.S. citizen has previously sponsored a foreign national for a green card and the U.S. citizen can not prove that the foreign citizen maintained lawful status

13. Fiancee has a criminal record

14. Fiancee has a serious, contagious illness (such as AIDS, tuberculosis, etc.)

15. Fiancee commits a misrepresentation during the interview (or so it seems to the interviewing officer)

16. Petition includes a document that is deemed to be fraudulent

As a general question, the first five problems listed above will result in the Embassy holding the case to see if the petitioner and/or beneficiary can cure the problem with additional documentation or through a second interview. If they fail to do so, the case is sent back to the USCIS. Delays in such cases typically are measured in weeks rather than in months.

Problems 6 through 10 above, which controvert the genuineness of the relationship between the couple, are typically sent back to the USCIS for administrative review/revocation or are sent to the Embassy’s Anti-Fraud Unit, which will assign an investigator to go to the fiancee’s home town and interview friends and neighbors to get a better idea of whether the couple’s engagement is for real. Delays in such cases typically exceed six months.

Problems 11 through 16 above involve issues that render the beneficiary excludible from the U.S. as a matter of law. In some cases, however, the Embassy will entertain an argument on the facts that the beneficiary is not excludible (we have done this, for example, with clients that had a criminal conviction that we were able to convince the Embassy was not a crime of “moral turpitude” as defined by the U.S. Immigration and Nationality Act). If the Embassy decides that the beneficiary is excludible, an “extreme hardship” waiver is usually available, although such waivers can be difficult to obtain. The typical I-601 Application for an “extreme hardship” waiver takes four to six months to process

How horrible that they should scrutinize the validity of a relationship/marriage this way. And is this 6 months in ADDITION to the security checks??? is THIS why they do the home visits?? Becasue they doubt the validity of a relationship/marriage? Hmmm...Dont I have the right as a US Citizen to marry whom I choose...and the consequences are mine to take? Who asked if I wanted protected from my own decisions? Isnt their job just to ensure we are eligible for visa...and that we have no security issues? How can anyone decide what is real and what isn't real? To decide what is fraud and what isnt? For those waiting it sure doesn't feel like its protection..but more of a torture...

I feel for those waiting...my prayers are with you. I just thought this information was interesting...

Any comments??

Debate??

thought it would lend to some interesting conversation...

Faith

My SO went for his police certificate today...he is to return tomorrow afternoon to pick it up. Melinda...I'd see about getting your senator involved in a phone call. Your SO should have been able to have all of the police certificates pulled from the same place at one time so long as all are in Egypt. Also, he would have had to have had them pulled for the military...chances are he has a record of that...maybe he should compare the names they pulled with then to what they are pulling now...maybe someone made a mistake in the name they are pulling?? Just an idea.