POSSIBLE REASONS FOR AP DELAYS...

[amrssnowangel 0]

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

[doodlebugg 10]

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.

Edited January 16, 2008 by bridget

[amrssnowangel 0]

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.

[sarah and hicham 3]

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

[amrssnowangel 0]

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???

[Aymerlu 3]

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.

[amrssnowangel 0]

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...

[Jenn! 918]

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.

[doodlebugg 10]

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.

[amrssnowangel 0]

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....

[Aymerlu 3]

[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.

[amrssnowangel 0]

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...

[amrssnowangel 0]

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...

[JODO 2]

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

This same information has been posted in several AP threads already on the board. Furthermore, when a person applies for a visa, he or she has made it our government's business as to whether or not a visa should be granted and possible security/fraud implications its issuance poses. Don't want a visa?Then fine all the little details may not be the govt's business, but want a visa? Be prepared to be scrutinized.

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

[Jenn! 918]

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...

Well, regarding what you said about them being deported/having to go back to their country if they don't keep the marriage going until citizenship, that's not the case. As long as they have some "evidence" to show that the marriage was entered into under good faith, then they can remove conditions to get their 10-year green card on their own. In most cases they would only need to make it through until their AOS was approved.

As far as how you determine whether a relationship is bonafide or not, you're right, it's tough - and I guess that's why it takes them so long to do it. Of course there are no guarantees that they are not penalizing legitimate couples unfairly, but if the alternative is that there is no safeguard at all...?