K-1 Administrative processing based on illegal residency

[pavlos 0]

Hello good visajourney members. i have a question which i would like if you could all provide me with an insight on. I am currently in the process of acquiring a K-1 visa and my case is right now at the embassy. I have already had an interview with the consular officer and my case is in Administrative processing. Here are the facts of the case. I am a Ghanian citizen who lives in Malta. My immigration status in Malta is currently out of status by one year. Now, the consular officer refused to issue me with the visa because that i am out of status living in Malta. and so he said i am in AP until he knows what to do. and then he give me white AP letter. Mind you, i researched very well to find out if a valid residency in a foreign country is among the requirements for an immigrant visa into the US but it never stated that it was. My question is what could be the worst case scenario in this case. Could i be denied the immigrant visa on the fact that i am residing illegally in a foreign country? What could happen to my case now that it is already at the embassy. Thank you all

[skiptex 225]

from what i undertand.. your k1 will get processed to your country embassy that you are a citizen.. so that would be ghana.. no? did you put you were citizen of Malta..?

it seems like it could raise flags, if you are in another country illegally and then trying to get visa to USA.. i don't know, maybe it is not that strange.. .. i am new here also..

[pavlos 0]

from what i undertand.. your k1 will get processed to your country embassy that you are a citizen.. so that would be ghana.. no? did you put you were citizen of Malta..?

it seems like it could raise flags, if you are in another country illegally and then trying to get visa to USA.. i don't know, maybe it is not that strange.. .. i am new here also..

No i never put i am Malta citizen. I am from Ghana. Does it mean that the USembassy in Malta will send the petition to the embassy in Ghana or will they send it back to the US or NVC? What possible decision can the Consular officer make now. thank you

[Winning23 25]

No i never put i am Malta citizen. I am from Ghana. Does it mean that the USembassy in Malta will send the petition to the embassy in Ghana or will they send it back to the US or NVC? What possible decision can the Consular officer make now. thank you

Seems to be the country where you are currently a legal citizen is where the US Consulate would interview you for the K1 visa. That would not be Malta. You are in Malta, illegally, correct? Is there a reason why are you are not in Ghana? It would raise a red flag, unless, you have some documentation from the government stating your reasoning for being in Malta.

[az110965 252]

Hello good visajourney members. i have a question which i would like if you could all provide me with an insight on. I am currently in the process of acquiring a K-1 visa and my case is right now at the embassy. I have already had an interview with the consular officer and my case is in Administrative processing. Here are the facts of the case. I am a Ghanian citizen who lives in Malta. My immigration status in Malta is currently out of status by one year. Now, the consular officer refused to issue me with the visa because that i am out of status living in Malta. and so he said i am in AP until he knows what to do. and then he give me white AP letter. Mind you, i researched very well to find out if a valid residency in a foreign country is among the requirements for an immigrant visa into the US but it never stated that it was. My question is what could be the worst case scenario in this case. Could i be denied the immigrant visa on the fact that i am residing illegally in a foreign country? What could happen to my case now that it is already at the embassy. Thank you all

As to your question regarding what happens next... If the Consular denies your visa the package will be returned to NVC and forwarded to USCIS where the petition will most likely die upon its expiration date. The case file will not be sent the Ghana Embassy.

The Consular has the final decision regarding your petition and can deny for any reason he deems pertinant to the case. Being out of status in the country you are interviewing in does not bode well for you. The only thing you can do now is wait for the notification from the Embassy.

[Gary and Alla 3,694]

Hello good visajourney members. i have a question which i would like if you could all provide me with an insight on. I am currently in the process of acquiring a K-1 visa and my case is right now at the embassy. I have already had an interview with the consular officer and my case is in Administrative processing. Here are the facts of the case. I am a Ghanian citizen who lives in Malta. My immigration status in Malta is currently out of status by one year. Now, the consular officer refused to issue me with the visa because that i am out of status living in Malta. and so he said i am in AP until he knows what to do. and then he give me white AP letter. Mind you, i researched very well to find out if a valid residency in a foreign country is among the requirements for an immigrant visa into the US but it never stated that it was. My question is what could be the worst case scenario in this case. Could i be denied the immigrant visa on the fact that i am residing illegally in a foreign country? What could happen to my case now that it is already at the embassy. Thank you all

And you think absence of evidence is evidence of absence? It isn't. Legal residency is required for THAT consulate to be the issuing location. I suspect that when all is said and done they are going to send your case to Ghana for visa issuance, hopefully before your petition approval expires. I could be wrong and maybe they will make an exception.

a K-1 visa is NOT an immigrant visa, it is a NON-immigrant visa. The visa itself does NOT allow immigration to the US, it allows a marriage and application for adjustment of status based on that marriage.

As to your question regarding what happens next... If the Consular denies your visa the package will be returned to NVC and forwarded to USCIS where the petition will most likely die upon its expiration date. The case file will not be sent the Ghana Embassy.

The Consular has the final decision regarding your petition and can deny for any reason he deems pertinant to the case. Being out of status in the country you are interviewing in does not bode well for you. The only thing you can do now is wait for the notification from the Embassy.

Yes, or this.