Administrative processing taking too long, any ideas?

[eleadar 0]

Hi,

I submitted a IR-1 spouse application for my wife in Cuba almost 2 years ago, she had the interview 13 months ago and since then she has been under administrative processing. That's more than a year waiting and no updates, no idea when this wait will be over.

Please, any ideas on why is this taking so long and how can I speed it up?

Thanks

[Hypnos 6,576]

There is absolutely nothing you can do about AP; it will take as long as it takes.

[Ketsuban 1,034]

All you can do at this point is email or call the embassy for updates. The only update they can give is whether the case is still in AP, or not in AP, due to the secretive and sensitive nature of the background checks being carried out. I'm really sorry this is happening to you.

[eleadar 0]

Thanks for the replies, really appreciated. Seems have to buy some more patience.

[pushbrk 12,824]

Hi,

I submitted a IR-1 spouse application for my wife in Cuba almost 2 years ago, she had the interview 13 months ago and since then she has been under administrative processing. That's more than a year waiting and no updates, no idea when this wait will be over.

Please, any ideas on why is this taking so long and how can I speed it up?

Thanks

Yoga works for some folks.

[thedude6752000 360]

What these guys are saying is not true, you can file a suit of mandamus to force them to do their jobs. Be aware, it could result in them denying the visa, which everyone here will warn you about, but more than 90% of the time this forces them to adjudicate it, which if you have no real security concerns forces them to grant the visa.

[pushbrk 12,824]

It's called filing a "Writ of Mandamus" but otherwise, that's certainly an option. Best to consult an immigration attorney about it, as it's not really a do it yourself kind of thing.

[Hypnos 6,576]

Filing a mandamus action to compel a decision prior to AP being completed would be a great way to make the embassy deny your case.

[thedude6752000 360]

Filing a mandamus action to compel a decision prior to AP being completed would be a great way to make the embassy deny your case.

After filing they have 60 days to respond, and then the entire length of the case to adjudicate. More often than not they adjudicate the case before the 60 days is up. Most of the time it's nothing more than sheer bureaucratic weight and gross incompetence that is holding things up. IMO if they had held my wife's vise for more than 1 and 1/2 hours after the interview (and after the USCIS stage, the NVC stage, etc. etc.) I would be thinking about going to another country anyways. At least Mandamus would give you a timeline and let you know one way or the other, though as I said it usually results in the visa being granted.

[eleadar 0]

Hi again, I just checked the status on the embassy site and now it says: "Expiring soon" and then the following text, really now it seems like the petition will be canceled?? We are waiting for more than 16 months, I don't understand how come now expiring if we haven't received any updates on the case and all the time was in Administrative processing? Please, help, don't know what to think. Thanks

Section 203(g) of the Immigration and Nationality Act requires that your registration be canceled and any petition approved on your behalf canceled, if you do not apply for your immigrant visa within one year of being advised to do so.

You were advised of this requirement over 1 year ago, but we have not received a response from you since then. As a result, your application for a visa has been canceled and any petition approved on your behalf has also been canceled.

Your application may be reinstated and any petition revalidated if, within one year, you can establish that your failure to pursue your immigrant visa application was due to circumstances beyond your control. Please provide a written statement to the Embassy or Consulate outlining the circumstances beyond your control and noting that you still wish to pursue this visa petition.