CR-1 in Administrative Process Could This Be Bad?

[Viet&Mongol 0]

Hi everybody! I'm petitioning for my wife to live with me in the States. She currently lives in Mongolia and just had her CR-1 interview September 5th, 2012. Here is our story. Her parents applied for my wife's J-1 visa through a travel agency in Mongolia. My wife was born in 1987 but during the time she didn't qualify for the J-1 visa because of her age, so her parents somehow were able to change her birthday to 1985 so that she was eligible to get her J-1. Keep in mind that her parents did all of her paperwork and accompanied her to her J-1 interview. She entered the States 2001 and went to school until 2009. During her stay in the states we met in 2006 and started dating. In 2009 we discussed about getting jobs but when we tried to get her a job her parents wouldn't provide her with any papers saying that they had lost it. When my wife finished school in 2009 she decided to go back to Mongolia to figure out her paperwork. I came to Mongolia June 2011 and married her and started the I-130 March 2011. So after a long journey with USCIS and NVC we reached her interview. I attended but was told that only she will need to be interviewed. The consular interviewed her and asked her a few questions about our marriage, then the consular said that she had no doubts about our marriage. She then starts to ask about my wife's stay in America. My wife told her the truth about being in the states, but when the Consular ran her name it showed that she's never got a visa. The only thing they have on their system is her with the same name and visa but different birth date 1985 getting the J-1 visa. My wife told them that she wasn't sure if that was her because her parents did all the paperwork and she had no control or knowledge of however they obtained a visa for her. My wife also mentioned she was a minor at the time. The consular said okay you might be eligible for a hardship waiver, but don't worry we haven't reached that stage yet. Consular then said because we can't prove that you've been to the states right now, I'm going to need to put this case on Administrative Processing. Consular asked my wife if she wanted her passport or not and my wife said not really, the consular paused for a second and said why don't I just make a copy of it then gave back my wife's passport. My wife was given all of our proof of marriage materials back and our marriage certificate, but she didn't return anything else back like: my birth certificate, her birth certificate, applications. My wife asked the consular how long does the AP will take and the consular said about 1 to 1 1/2 weeks but maybe longer, that they will call my wife when they finished. Consular also said during the meantime if there's any more information or paperwork that would be helpful. My wife and I talked about it and thought even if we did have paperwork showing that she went to the states, it'll just prove that she overstayed her visa with a fake Birth date. My wife got the impression that the consular really wanted to give her the CR-1 visa but the fact that this issue came up she had to put our case on AP. What do you think is going to happen/ or is there anything we can do? Help would be much appreciated

[Cathi 5,744]

Once a case is put in AP there is no time limit as to how long it can take. It would be a week, a month or several months or longer. There is no way to expedite or waive it, you just have to let it run it's course. My husband has been in AP for almost 8 weeks. Good luck.

[No-Where-Man 147]

I agree with the response above, AP can last for long time.

The issue is somehow complicated to be honest. The embassy has to investigate the whole matter and how the visa was issued etc etc. This might take time.

Nothing you can do rather than to wait and keep in touch with the embassy

[Viet&Mongol 0]

Thanks for the info I was kind of aware that AP might take some time, but I'm more worried about what would think/say about the situation. Is this a Definite deny or do we have a chance of an approval?

[Viet&Mongol 0]

also that my wife was a minor at the time (13y/o) to be exact when she got the visa, but on her fake birthday she was (15y/o). Do you think they will pardon the matter because she had no knowledge of papers or control over them?

[Viet&Mongol 0]

bump

[milimelo 4,469]

Wait - what visa were the parents on if she got J-1? Who sponsored J-1? Did she attend elementary or highschool in the US and for how long - how long was the visa given for? How long did she overstay?

What status do her parents have in the US now? Or, are they back in Mongolia?

I wouldn't expect this AP to be done in 2 weeks time - too many questions needing answers.

[Ryan H 3,812]

also that my wife was a minor at the time (13y/o) to be exact when she got the visa, but on her fake birthday she was (15y/o). Do you think they will pardon the matter because she had no knowledge of papers or control over them?

You have a very complicated situation. Your best course of action would be to ask this question and other questions about your situation to a well qualified attorney.

[Viet&Mongol 0]

Wait - what visa were the parents on if she got J-1? Who sponsored J-1? Did she attend elementary or highschool in the US and for how long - how long was the visa given for? How long did she overstay?

What status do her parents have in the US now? Or, are they back in Mongolia?

I wouldn't expect this AP to be done in 2 weeks time - too many questions needing answers.

Her parents were not in the states during her j-1. She was in an exchange program and some American family sponsored her, and her visa was good for 6 months. She was attending high school in various locations until 2008. After her 6 months exchange program expired she went and lived with her brother until 2009. Her mother now lives in the US but we don't know what visa she's on and the father lives in Mongolia and has a 10 year tourist visa for the US. She overstayed for 8 years.

[Viet&Mongol 0]

You have a very complicated situation. Your best course of action would be to ask this question and other questions about your situation to a well qualified attorney.

I've hired an immigration attorney for the USCIS and NVC process, he said since her parents/travel agency were in control of her papers and my wife didn't have any knowledge as to what was going on with her papers, that the consular might pardon it. He also mentions that we have a law here in the US that if you're under 18 you're considered a minor and really make adult decisions. He said that the consular is mainly going to focus on our relationship and if our relationship is true then they may possibly make a decision based on that instead of her visa issue that she had no control over. Which the consular at her interview already said she had no doubt about our relationship. My wife and I were thinking, if our cases was very complex wouldn't the consular just have denied my wife on the spot? instead of put our case through AP?

[milimelo 4,469]

So she was 14 (parents said she was 16) when she got the visa? And overstayed her 6-month visa for full 8- years? While she may be in the clear until she was 18, overstay does begin at 18 years and 180 days and looks like she didn't leave until she was 22. That's a 10-yr ban so start looking into that. Sincerely hope wife was very honest about all addresses, education and employers she had.

The second issue you have is who paid for her school? I doubt she went to a private school where parents paid international rates. There may well be a lot of $$ taxpayer money that paid for her.

Experienced lawyer time - someone with experience with bans and who can navigate through all this.

[Viet&Mongol 0]

So she was 14 (parents said she was 16) when she got the visa? And overstayed her 6-month visa for full 8- years? While she may be in the clear until she was 18, overstay does begin at 18 years and 180 days and looks like she didn't leave until she was 22. That's a 10-yr ban so start looking into that. Sincerely hope wife was very honest about all addresses, education and employers she had.

The second issue you have is who paid for her school? I doubt she went to a private school where parents paid international rates. There may well be a lot of $$ taxpayer money that paid for her.

Experienced lawyer time - someone with experience with bans and who can navigate through all this.

Yes and yes. My wife was honest about her address, education, but she never worked so no employer. From 2001-2002 she spent 6 months as a freshmen in Idaho, 2002-2004 was at a private christian high school (parents paid), then 2004-2006 public high school. 2009 she got her GED. My wife and I had discussed, since everything was filled out on the DS-230 form I'm sure the consular did their research before they interviewed her. Wouldn't they just have denied her on spot considering that they couldn't find her on their system and on top of that she overstayed her visa?

[milimelo 4,469]

Yes and yes. My wife was honest about her address, education, but she never worked so no employer. From 2001-2002 she spent 6 months as a freshmen in Idaho, 2002-2004 was at a private christian high school (parents paid), then 2004-2006 public high school. 2009 she got her GED. My wife and I had discussed, since everything was filled out on the DS-230 form I'm sure the consular did their research before they interviewed her. Wouldn't they just have denied her on spot considering that they couldn't find her on their system and on top of that she overstayed her visa?

I am not a consular officer but I would research it all before deciding if the visa is denied and waiver requested. Perhaps that's why they told you AP and not denial. I am sure they don't doubt your relationship, it's just your wife's overstay and possibly education (public school - taxpayer paid) issue. That may involve more looking into various systems they check in...?

[Viet&Mongol 0]

I am not a consular officer but I would research it all before deciding if the visa is denied and waiver requested. Perhaps that's why they told you AP and not denial. I am sure they don't doubt your relationship, it's just your wife's overstay and possibly education (public school - taxpayer paid) issue. That may involve more looking into various systems they check in...?

What do you think would make her ineligible for a waiver?

[milimelo 4,469]

What do you think would make her ineligible for a waiver?

She would only need I-601 waiver and you as her USC husband would have to prove extreme hardship to yourself in order for the waiver to be approved. Laurel Scott used to have free online chat sessions on Wednesdays I believe so you may want to present your case to her and ask her opinion.

If wife ever claimed to be a USC when she was not, that's the one show stopper - no waiver available for that. Some drug smuggling cases also ineligible. Don't think your wife falls under either one though.

So for right now, get in touch with Laurel Scott for just an overview and in the meantime wait to see what the consul says about your wife's AP. Good luck!