Time frame for legally staying in the United Kingdom

[MARM 7]

So my fiance got a call from the US Embassy today

They still didn't receive his sent in DS-157 (he sent by email on the 18th and via mail on the 26th)

So the CO who called my fiance asked for him to fax over a DS-157 today, so my fiance has done so.

We are HOPING and PRAYING that it won't be longer than a week now!!!

[MonkeyJuice 3]

So my fiance got a call from the US Embassy today

They still didn't receive his sent in DS-157 (he sent by email on the 18th and via mail on the 26th)

So the CO who called my fiance asked for him to fax over a DS-157 today, so my fiance has done so.

We are HOPING and PRAYING that it won't be longer than a week now!!!

Fingers crossed!

[JeremyR 8]

It's gotta be a good sign that *they* are now chasing *you*

[Nik+Heather 121]

Fingers crossed for you, MARM! Glad that there's some communications going on again, hoping that means forward movement again! YAY!

[MARM 7]

Thanks guys! Yeah, I couldn't beleive that they actually called my fiance, and then gave him a fax #?!? Last time I checked, London doesn't even reply to our emails! Can't wait until his visa is actually printed and in his hands!

[laura819 0]

Thanks guys! Yeah, I couldn't beleive that they actually called my fiance, and then gave him a fax #?!? Last time I checked, London doesn't even reply to our emails! Can't wait until his visa is actually printed and in his hands!

hopefull you are almost done MARM!

[MARM 7]

Thanks guys! Yeah, I couldn't beleive that they actually called my fiance, and then gave him a fax #?!? Last time I checked, London doesn't even reply to our emails! Can't wait until his visa is actually printed and in his hands!

hopefull you are almost done MARM!

We are hoping and praying every second!

[MARM 7]

Just a little update:-

On Friday, DOS said that it SEEMS that the embassy has put the DS-157 in their system...

On Saturday, I received a response to my inquiry made via Senator Durbin (I faxed a letter detailing the circumstances to her so she won't mess up like the other one did). The response was from DOS stating that the Admin Review has been completed for my fiance, he is approved but now they are awaiting the completion of my fiance's "Congressional-mandated administrative processing done in Washington"...and that they do not have any more information for me at this time...no mention about what will happen if my fiance's UK student visa expires and he has to leave with the K-1 still pending in London.

It makes me sick to even think of the possibility that now my fiance's actual Admin Processing has just begun? Or could it be good news that he will get his visa in hand this week or anytime soon?

We can never know anything in this whole process

[MARM 7]

This information is for anyone who would like to know about the difference between AP and AR, at least for the US Embassy in London. I wrote to the Chief Consular Officer at the US Embassy in London a while back and today she replied to me via post. Her letter included information that my fiance was put on AR from the moment he was interviewed, the AR has been completed as of Sept 24, 09 and he has been put in mandatory AP since Sept 24, 09. AR at the US Embassy in London means that the consular interviewing was not satisfied with the applicant, so they take it on themselves to do investigations (such as the phone investigation in our case). Once they are done, they determine whether the applicant is approved or denied. If denied the file goes back to USCIS. If approved, it is put through the mandatory DOS/Washington D.C security/name check clearances that is routine for everyone and gets cleared within 48-72 hours for most and weeks,months, years for others. So my fiance's AR has been completed and he has been in AP since Sept 24, 09.

I am not sure if this is how all embassies work, but this is what was explained to me by the Chief Consular Officer herself at the US Embassy in London via post. Hope this information is useful for someone...

[JeremyR 8]

So that's technically good news, isn't it? As far as London are concerned, he's approved and they're just waiting for the nod from DC? At least now, you know where to best direct your congressional rep's attentions...

[MARM 7]

So that's technically good news, isn't it? As far as London are concerned, he's approved and they're just waiting for the nod from DC? At least now, you know where to best direct your congressional rep's attentions...

It's good news in the way that he is approved pending clearance, and it's not like they denied him or sent his case back to USCIS. So yes, I am relieved about that part. I should count my blessings rather than dwell on the bad parts of this process, but I can't help but feel angry towards the CO that even decided to put him on AR to begin with. Obviously, she took the initiative, and I am guessing more than likely it is because he is a Pakistani citizen in the UK, and a student there, so the same reasons the UKHO would scrutinize him applies to the US Embassy as well, which is all very unfortunate. But the bad news is that London has nothing to do with the AP part, as the Chief has clearly written in her letter, it is all DOS, and of course I can't get any information other than pending about that part because all other information is confidential. I have given up on my congressional rep for the time being because she just answers my questions now as if she is the embassy herself, as last time she told me that my fiance can stay in the UK out of status while his K-1 is pending, which is NOT true at all of course. The fact remains that we have no guarantee of his visa before Nov 30, 2009 nor do we have any plan of action if his visa is not given to him before Nov 30, 2009, because no one is answering our inquiry in this matter. This is the only concern we have right now, we are thankful that he is approved and that they are working on his case, because it could have been worse, but we don't know what to do if he doesn't get his visa issued by Nov 30, 2009.

[JeremyR 8]

Obviously, she took the initiative, and I am guessing more than likely it is because he is a Pakistani citizen in the UK, and a student there, so the same reasons the UKHO would scrutinize him applies to the US Embassy as well, which is all very unfortunate.

Yes, you're probably right, of course.

I'm stretching my memory back a bit but wasn't there an issue with not having a birth certificate, too? I wonder if that may not have helped matters in that respect

The fact remains that we have no guarantee of his visa before Nov 30, 2009 nor do we have any plan of action if his visa is not given to him before Nov 30, 2009, because no one is answering our inquiry in this matter. This is the only concern we have right now, we are thankful that he is approved and that they are working on his case, because it could have been worse, but we don't know what to do if he doesn't get his visa issued by Nov 30, 2009.

Have you been in touch with the Home Office for advice? I'm sure they'd be as much help as a chocolate teapot but you never know, they may have a procedure for this kind of situation (needing to leave but can't due to no passport).

Failing that, will the Pakistani consulate issue an emergency travel document to allow him to leave the country? I know that they are usually reserved for emergent situations when the passport is lost or stolen but this cannot be the first time that this situation has arisen. If I were in your fiancé's shoes, I'd be liaising with the Pakistani embassy to see what they suggest. It's their job to assist their citizens in distress in the UK so they should offer some form of help...

[MARM 7]

Thanks for the advice Jeremy, as always

I don't think not having the birth certificate caused the AR because there is a section especially for people born in India or Pakistan on the US Embassy in London's website stating what to submit in leiu of one because it is a common problem that many aren't able to obtain a birth certificate since they used to be written by pen on a sheet of paper and then stamped officially, nothing used to be recorded electronically. So my fiance submitted an Affidavit of Birth signed not only by his mother as required but by his father and the Magistrate of his city of birth attesting that his birth record is not on available.

Of course, the UKHO has been as much helpful as a doorknob. They explicitly have told him that Nov 30, 2009 is when his visa expires so he must leave, and if he does not voluntarily leave within 28 days after his UK FLR(S) expires, the UKHO can deport him. Either way, leaving after Nov 30, 09 will make it nearly impossible for him to ever enter the UK if he wanted to in the future, especially since the recent UKHO "crackdowns" and new Tier 4 rules and procedures for foreign students in the UK, especially Pakistani citizens.

We will get in contact with the Pakistani embassy in London regarding a travel document, but I doubt that they will be of any help. It doesn't hurt to ask though, so we will see what they can do.

I am assuming, (and it doesn't really help, because I don't know for sure) that the US Embassy in London has the knowledge of his UK FLR(S) expiry since they have been holding his passport since June 12, 09. They are well aware of the UKHO rules and regulations, so they should follow the rules and return his passport to him on time. But this is an assumption, and it is not like my fiance can blame the US Embassy for holding his passport if he does become out of status and is questioned by the UKHO about why he didn't leave. We are still thinking and researching, will contact the Pakistani embassy, and all the while hope and pray that he just gets the visa in hand before that so we don't need to worry about this.

[siya 0]

hi MARM,...cannot believe that things could end up the way that they have for you. praying that things work out for you and that you get the visa before your fiances visa runs out. i do agree with you, i am sure that the US embassy is aware of the student visa experiation considering that they have been in pocession of the passport for a long time.

rooting for you guys!!

[MARM 7]

hi MARM,...cannot believe that things could end up the way that they have for you. praying that things work out for you and that you get the visa before your fiances visa runs out. i do agree with you, i am sure that the US embassy is aware of the student visa experiation considering that they have been in pocession of the passport for a long time.

rooting for you guys!!

Thanks so much for your support! We are praying that it won't be much longer now!