DOS has now infomation

[indianheart 2]

I called DOS this morning and there is nothing on the system yet about our case being in AP. Is it possible that it is just too soon (the consulate had one full working day since the interview)or is it possible that AP will never show on the DOS if it is going to be taken care of at the embassy?

I guess I am hoping that if DOS doesnt ever see AP that will mean that the consulate has decided that there is sufficient proof of bona fide relationship and they will issue the visa.

can anyone shed any light on this for me?

I found this and it gives me some hope:

The cable notes that consulates should not readjudicate petitions that have been approved by INS, since the approval of the petition leads to a presumption in favor of eligibility for the visa. Rather, revocation is appropriate only when the Consular Officer "knows, or has reason to believe, that the petition approval was obtained through fraud, misrepresentation or other unlawful means, or that the beneficiary is not entitled to the status conferred by the petition." The ground for the revocation would arise based on new information that was not known to INS. Revocations should be rare, and the Consular Officer needs to present "solid, factual evidence" as a basis for the revocation.

this was written by the sectary of state and sent out July 2001

[belinda63 3,038]

it would be helpful to know why ur case is in AP. is it the standard name check or were there questions at the interview about the relationship being bona fide?

Usually they send to cables to DOS once or twice a week and receive from DOS about the same. I would wait a few days and call DOS again. They can usually see what is going on even if it is at the embassy level.

[indianheart 2]

I am sure this all has to do with relationship...I was called at 3 am usa time and questioned by one officer while my husband was questioned by another in India. Of course my husband and I know each other very well and have spent considerable time together in person and on line (phone, text, chatting), there was no problems with answering any of their questions. now it is just waiting till they decide to give in and let us have the visa because we certainly have proven this marriage (relationship) is real, at least to a resonable person.

so the main question I had is if DOS doesnt get any information about AP does that indicate that the visa will be processed soon?

Edited June 10, 2008 by indianheart

[tammy2688 1]

As per our previous conversations, I think what you really have is AR, or administrative review. Could be a reason why AP did not who up. Because you know that it is not for name checks then this is reasonable for DOS not to see AP on the screen.

I want to tell you that because its AR that it will go by faster than AP but I have seen AR take just as much time as AP and you can see that by browsing MENA (mid east n africa) and finding the cheerleading forum by wife of mahmoud or you can do a search on her topics

Some people are put on AP after AR and its just hard to say what will happen.

All said, I want you to remain optimistic that your case will get clearance from AR soon and that you are given the visa. It could be a very short AR, 2-3 weeks. Like I said you can begin to worry after this time period has passed. Then it may take some time but before that keep calling DOS weekly to see if your case has been cleared.

Tammy

[indianheart 2]

Thanks Tammy you really do help with the nerves. I guess when the blue paper says Adminstative processing you tend to think the worse...I really try to not be negative but afterall this is the US government we're talking about, they dont always do the smartest most logical of things.

Maybe because this is still so fresh I have been on a real roller coaster and I usually wake up in the morning being in the down mood, but as soon as I talk to my husband he is able to get me to feeling better quick. I know he feels a loss just as I do but he has a wonderful way about him that makes life better

[tammy2688 1]

It WILL get better, believe me. For the past 8 months I have woken up with such a silent dread...the first few days were the hardest for me. I know what you are going through. Believe me, you will get the visa soon, youus husband is just like mine, and always tries to stay positive. It took 3 visits to the embassy without visa and the 6th month of AP to bring him down. At the point I realized how terrible I feel as well and I walked around the streets like a zombie. I didn't feel anything anything anymore. But I did pray always and with the Grace of God I am here today and I believe things will be fine.

Just know that because they did do that call at 3am, it saved you about 6 months of waiting time. Stay informed with DOS.

Please ask more questions if you need. I know you will have new ones and new worries, that what this process does, drives one half insane but I believe your husband will get his visa soon.

Tammy

[Nutty 2]

Understand something...if the interview was a succussful, the case will go to Administrative Processing. Whether the paper file is still sitting at the Embassy or on its way back to the States is not clear at this point. But you can not avoid Department of State Administrative Processing if your case has passed the inteview stage. Sorry, but this is a fact. Whether the Administrative Processing takes 1 week, 1 month or many....a successful case must undergo this final step.

It's a slippery slope when it comes to "WHAT IS RE-ADJUDICATION?" Yes, it is true that Consulate Officers are not supposed to "re-adjudicate" a case and instead issue a flat denial (citing reason). Many cases go through the NVC will no denials and with tacit approval all criteria required has been met. However, you will see people going to their interviews and being told, "get a Joint Sponsor," "We need to see the primary sponsors last three years of tax returns instead of just the latest filed tax return" by the Consulate officer. This should be considered RE-ADJUDICATION because the NVC approved the case and yet the Consulate asks for additional material.

The cable you refer to is in response to the bad habit of the Consulate staffers doing just this...But obviously their methods have not changed.

Edited June 10, 2008 by Nutty

[indianheart 2]

I guess it was really unexpected because I have read about so many that have been able to pick up there passport with visa the next working day at VFS. right now I dont even recall what type of visa those may have been but I placed too much hope in quick receipt of visa and this just gave me a punch in the gut.

This is encouraging news because the interview was successful in that we proved that we have a bona fide relationship whether they are accepting it or not must still come to light.

Thank you again for the insight

[tammy2688 1]

I too see many cases in my consulate give visas next day or next week. It is a huge blow for everyone because it is not always consistent or fair who gets AP, who doesn't and even same name people get AP of very different proportions. This to me is most unsettling. Well I can tell you that they claim to not take more than 1 year. As per my last call to DOS this morning, that is what I heard...3 more months to go and I cross that line.

I sure hope to God your AP goes by quick.

Tammy

[indianheart 2]

so do they just take that year because they can...and after that year if they dont find anything to disqualify then he gets his visa?

[tammy2688 1]

so do they just take that year because they can...and after that year if they dont find anything to disqualify then he gets his visa?

You know I was thinking that...well that horrific thought crosses my mind sometimes but don't think so much it will not happen to you .

[Nutty 2]

Here is the time frame for AP (Administrative Processing):

LUCKY: 1 to 3 months wait

AVERAGE: 4 to 6 months wait

UNLUCKY: 7 to 12 months wait

European countries, New Zealand, Australia usually don't have to undergo long waits for AP. Countries in Africa, Central and South Asia, middle east do tend to have longer AP waits.

[tammy2688 1]

Here is the time frame for AP (Administrative Processing):

LUCKY: 1 to 3 months wait

AVERAGE: 4 to 6 months wait

UNLUCKY: 7 to 12 months wait

European countries, New Zealand, Australia usually don't have to undergo long waits for AP. Countries in Africa, Central and South Asia, middle east do tend to have longer AP waits.

Tina dear, I am hoping now for 12 months...at least I would be at towards the end of the stick.

[Nutty 2]

Dear Tammy,

I hope for you that it is sooner than 12 months...I am angered by the injustice of such a long wait without explanation!

Keep strong, Tammy!

[laurarajesh 0]

I called DOS this morning and there is nothing on the system yet about our case being in AP. Is it possible that it is just too soon (the consulate had one full working day since the interview)or is it possible that AP will never show on the DOS if it is going to be taken care of at the embassy?

I guess I am hoping that if DOS doesnt ever see AP that will mean that the consulate has decided that there is sufficient proof of bona fide relationship and they will issue the visa.

can anyone shed any light on this for me?

I found this and it gives me some hope:

The cable notes that consulates should not readjudicate petitions that have been approved by INS, since the approval of the petition leads to a presumption in favor of eligibility for the visa. Rather, revocation is appropriate only when the Consular Officer "knows, or has reason to believe, that the petition approval was obtained through fraud, misrepresentation or other unlawful means, or that the beneficiary is not entitled to the status conferred by the petition." The ground for the revocation would arise based on new information that was not known to INS. Revocations should be rare, and the Consular Officer needs to present "solid, factual evidence" as a basis for the revocation.

this was written by the sectary of state and sent out July 2001

hello 'indianheart'

i thought u allready got k1 visa .

then how u applyed for immigration. and why they gave u AP. if once u got k1 visa.

ilil confuse about u r case