STUCK @ NVC for AP

[Talyss 0]

Everyone I know of who has gone into AP has come out the other side apart from those still waiting at the moment. I do think the wait times increased somewhat after Christmas but they seem to be coming back down again.

Very interesting thread Lisa!

[scandal 951]

Everyone I know of who has gone into AP has come out the other side apart from those still waiting at the moment. I do think the wait times increased somewhat after Christmas but they seem to be coming back down again.

Very interesting thread Lisa!

Yeah, indeed. NVC is snooping around huh? I wonder if they tried to call MY ex-wife in Brazil while I was in AP .... She wouldn't have told me, if they did....

[scandal 951]

Only CSC/VSC, or the consulate, can reject a petition or visa application.

Actually the consulate cannot deny an approved petition at the application stage, they can just send it back to the US with a "suggestion" for lack of a better word.

I thought consulate could reject. For example, in cases of material misrepresentation - let's say applicant claims to be unmarried but is in fact married. Does the consulate refer it back to USCIS, or just trash the application outright?

[Badgerella 5]

well I have been in Ap since march 24th

Welcome to the thread!

You'll be out of AP, don't worry. It'll just take time. Wait time, however, seems to be decreasing, which is a good thing.

[Badgerella 5]

Thanks it is quite depressing, o well I will just wait.

has anyone ever not come out of AP?

I've never heard of case being denied at NVC stage for a K.

At the consulate level.....sure.

But administrative processing IS something you will get out of. Even if right now, you feel disheartened.

I remember someone posted on this thread way, way back in the early days (around Dec/Jan) that NVC does not have the power to reject a petition outright. All they can do is delay it indefinitely, but they must pass it on eventually to the consulate. Only CSC/VSC, or the consulate, can reject a petition or visa application. Which kind of makes you wonder why NVC would even bother holding a file in AP since they are obligated to release it and pass it forward. I don't believe they can even issue an RFE (at least, we here on this thread have never heard of an AP case being given an RFE). All cases apparently just pass through with no ability by us to understand why they are being held, for how long, what exactly is being checked, or why. It's a very frustrating, maddening experience. The only thing we can say with some certainty is that it will end, and it your case will eventually get to the consulate.

Any other old-timers (cdneh, Talyss, Badgerella ,....) can you comment any further on this?

I think of you as the "old-timers" since you pre-date me

I don't think any of us can say a lot more than this. The process itself does, definitely, have an end, but it doesn't mean you ever find out what it was all about. Cdneh reported seeing a stack of papers with checkboxes on it (or something along the lines of that) and her interviewer mentioned her case being stuck in AP 'at random'. During my interview, I saw nothing at all at the CO's desk that wasn't one of the required documents one needs to submit for the consular stage of the process (DS-156, or whatever it's called, as well as those Part I documents and the like). Nobody mentioned our Administrative Processing, the reasons we spent 50-something days in it, or any and all things related to the outcome of the actual thing. That leads me to assume they either found nothing at all or... that our case actually sat there on someone's desk, waiting for the person to, pretty much, remember to forward it to Croatia.

How I see the process, now? A case comes to NVC. Most of them get forwarded to their respective embassies right away, while a certain percentage stays at NVC. Names get thrown into the system and, likely, within minutes (maybe hours or a day.. or something like that) the results are displayed. The (insanely long) wait exists because: a) it takes a while for the case to be entered into that whatever check-system; b ) it takes even longer for the staff to pack it back up and forward it.

More random ramblings: c) Every John Smith, Margaret Thatcher, Barrack Obama or Saddam Hussein gets entered into the system right away. Just i case.

Every SomeOtherPerson gets in there - really at random.

Unfortunately, all of the above is really nothing but my random ramblings. I don't think we'll ever find out what exactly is going on there, or why. Hopefully no one ever finds out what all can be found and, later on, used against the applicants. So far, we've all been fine!

Edited April 29, 2009 by Badgerella

[Badgerella 5]

Only CSC/VSC, or the consulate, can reject a petition or visa application.

Actually the consulate cannot deny an approved petition at the application stage, they can just send it back to the US with a "suggestion" for lack of a better word.

I thought consulate could reject. For example, in cases of material misrepresentation - let's say applicant claims to be unmarried but is in fact married. Does the consulate refer it back to USCIS, or just trash the application outright?

I don't think a consulate can reject a petition - once it's there, it's already been approved and the decision can't be overthrown. What consulates can do is visa denial. After that, the petitions are sent back to the USCIS and I'm sure that, in case of, say, misrepresentations of materials and the like, they'd send it back with a note attached to it. (Meaning - once it's back to USCIS, that kind of petition wouldn't be looked at ever again and any and all later attempts of the applicants to apply for whatever would be somehow flagged.)

Edited April 29, 2009 by Badgerella

[Matt & Bing 56]

Hmm, this place is quiet today. I really thought today might be my day but looks like we wil go into at least day 38

I have a question for Thantita's guy: How do you get the stats for people released from NVC? Is it dependent on them posting in this thread? It seemed like the "jail time" was going down from 50 day to closer to 40 days. I'm just hoping the people currently showing stuck for 50+ days are actually out but maybe haven't reported it here yet.

I so want to give my fiancee the news that we are released. Oh well ...

[scandal 951]

Hmm, this place is quiet today. I really thought today might be my day but looks like we wil go into at least day 38

I have a question for Thantita's guy: How do you get the stats for people released from NVC? Is it dependent on them posting in this thread? It seemed like the "jail time" was going down from 50 day to closer to 40 days. I'm just hoping the people currently showing stuck for 50+ days are actually out but maybe haven't reported it here yet.

I so want to give my fiancee the news that we are released. Oh well ...

Sorry to hear that you are still stuck. It really shouldn't be much longer for you now, you're certainly due to come out quickly!!

I'm sooooo looking forward to spending the rest of my life answering to "Thantita's guy"

The answer to your question is: the data comes from VJ timelines. People do NOT (!!) need to participate in this discussion thread in any way to be counted in the statistics. All they need is to have an accurate timeline.

Take your "NVC Received" and "NVC Left" dates, and the difference between them are they Days you've spent in NVC.

If you've only got "NVC Received" and not "NVC Left", then you are considered to be still at NVC.

The trouble is that many people are only casual users of VJ (lucky them! they haven't been seduced into spending the hours here that addicts like me unfortunately have become ). If someone enters an "NVC Received" date, and never enters an "NVC Left" date, they will show as "stuck". They may never have been stuck at all!

The only defense I have against this is to realize that we've never yet heard of a real AP@NVC case that was longer than ~52 days. So that's why I'm considering all "Stuck" cases > 55 days as probably false, and they're colored yellow.

Also, I still haven't gotten around to getting the page to automatically update hourly from the VJ database. It's supposed to do that, but it's not. So I need to force it to refresh from the database manually, and I've only been doing that every couple of days.

Now that I'm thinking of it.... I'll do it right now.... there... it's now updated .... Current server time is Thu Apr 30 16:55:56 2009 PDT

If you want to force it to reload manually and don't want to wait for me to fix it, all you have to do is point your browser to http://apnvc.info/vjcron.pl . It will take a minute or so to crunch the data, and then report an "Internal Server Error" message, which you just ignore. Then go back to the original page http://apnvc.info and you will see it reloaded.

[Matt & Bing 56]

Thanks for the info! And thanks for all the work you do to track our "sentences".

[mikef 0]

37 days and counting

[slujon 0]

38 days and counting

[wasabi 4]

37 days and counting

38 days and counting

36 days and counting though it would have looked cooler if I was at 39

[Matt & Bing 56]

37 days and counting

38 days and counting

36 days and counting though it would have looked cooler if I was at 39

39 days for me!! Woo hoo, I look cool! B) Wait a minute, what am I happy about!

[mikef 0]

Are you guys counting the weekends? I am

[Y's_habibitk 2]

Only CSC/VSC, or the consulate, can reject a petition or visa application.

Actually the consulate cannot deny an approved petition at the application stage, they can just send it back to the US with a "suggestion" for lack of a better word.

I thought consulate could reject. For example, in cases of material misrepresentation - let's say applicant claims to be unmarried but is in fact married. Does the consulate refer it back to USCIS, or just trash the application outright?

They must refer it back to USCIS. In all cases of suspect they just send them back with detailed findings/reasonings. They cant deny any application that has gone through USCIS and NVC, they do not have the authority. There are even memos out there reiterating to the consulates that their job is NOT to adjudicate the petitions/applications.