We are confused!

[Ankai 0]

First, apologies for this barrage of potentially stupid questions. They’re mostly the result of my fiance freaking out and I want to put his mind at ease.

Boyfriend/Fiance is currently waiting for his O-1 artist visa in his home country. He just had his interview and was given a “Notice of Temporarily Refused Visa” saying his application “requires administrative processing,” which shook him up quite a bit. He’s gotten the O-1 visa before with no problem and says the American embassy in Japan is stricter this time than they ever have been (interview was 20 minutes this time and it had always been about 10 seconds in the past.)

They said they’ll fill him in within 14 days. For now he’s just very anxious that he’ll be permanently denied like others in his situation have been for this or that reason.

So, question 1:

Is anyone else familiar with this “Temporarily Refused Visa” thing? Does it really take only 14 days to sort out or is he going to end up waiting 6+ months for this “administrative processing”? As this is for a relatively difficult visa type to get, I suspect this is just a recently-introduced background check on his agency/sponsor. But we’re not at all familiar with this issue and would truly appreciate if anyone can enlighten us.

Question 2:

In the event that he has to wait quite a long time for the final decision on his O-1, is it at all possible to file for K1, or get married in his home country and file for CR-1 in the meantime? (I’m guessing the answer to this is no, but I dream)

Question 3:

In the event that Fiance is ultimately denied the O-1 (gasp! knock on wood) within 14 days, what is the safest, fastest course of action to get him into the States?

a) Marry in Japan, fly back home and immediately file for CR-1.

b) Have him apply for K-1 fiance visa, get married in US, apply for AOS.

(and are either of these especially difficult if you are denied a previous visa?)

Question 4:

Fiance tells me that if we go with option A, he won’t have to deal with an interview at the notoriously strict American embassy and risk denial, but if he files for K-1 he does need an interview there. Is that true? Wouldn’t he need to go to the embassy to collect the visa either way?

Question 5:

Fiance also seems to think it’s possible to (and wants to) apply for a K-1 and then CR-1 upon arriving here. I’ve never heard of anyone doing this. Can someone please tell him that he is a crazy person.

Infinite thanks for donating 15 minutes of your life! Would really appreciate any advice at all!

Ankai

[I+H 11]

First, apologies for this barrage of potentially stupid questions. They’re mostly the result of my fiance freaking out and I want to put his mind at ease.

Boyfriend/Fiance is currently waiting for his O-1 artist visa in his home country. He just had his interview and was given a “Notice of Temporarily Refused Visa” saying his application “requires administrative processing,” which shook him up quite a bit. He’s gotten the O-1 visa before with no problem and says the American embassy in Japan is stricter this time than they ever have been (interview was 20 minutes this time and it had always been about 10 seconds in the past.)

They said they’ll fill him in within 14 days. For now he’s just very anxious that he’ll be permanently denied like others in his situation have been for this or that reason.

So, question 1:

Is anyone else familiar with this “Temporarily Refused Visa” thing? Does it really take only 14 days to sort out or is he going to end up waiting 6+ months for this “administrative processing”? As this is for a relatively difficult visa type to get, I suspect this is just a recently-introduced background check on his agency/sponsor. But we’re not at all familiar with this issue and would truly appreciate if anyone can enlighten us.

Administrative Processing takes however long it takes to put it bluntly. I have seen couples on here in AP for weeks months and years. AP can be just name checks, it could be that they do not believe his intentions and need to reevaluate the evidence he provided them. I am not familiar with the O visa though.

Question 2:

In the event that he has to wait quite a long time for the final decision on his O-1, is it at all possible to file for K1, or get married in his home country and file for CR-1 in the meantime? (I’m guessing the answer to this is no, but I dream)

First off, if a person files for all types of visas at any point in time it can look suspicious. I would assume that he would need to cancel the O visa to apply for any other visa. I am not 100% sure about that. I am sure though that filing for several visa types can appear suspicious though.

Question 3:

In the event that Fiance is ultimately denied the O-1 (gasp! knock on wood) within 14 days, what is the safest, fastest course of action to get him into the States?

a) Marry in Japan, fly back home and immediately file for CR-1.

b) Have him apply for K-1 fiance visa, get married in US, apply for AOS.

(and are either of these especially difficult if you are denied a previous visa?)

K-1 would probably be the faster route, but only by weeks and maybe a couple of months at best. You can check timelines concerning the different visas and get kind of an idea of which is faster. I again am not sure whether or not filing for the previous visa will have an effect. I can say that if he was put in AP over the O visa, he has a good chance of getting AP on a future petition as well.

Question 4:

Fiance tells me that if we go with option A, he won’t have to deal with an interview at the notoriously strict American embassy and risk denial, but if he files for K-1 he does need an interview there. Is that true? Wouldn’t he need to go to the embassy to collect the visa either way?

Spousal visa and fiance visa both require an interview.

Question 5:

Fiance also seems to think it’s possible to (and wants to) apply for a K-1 and then CR-1 upon arriving here. I’ve never heard of anyone doing this. Can someone please tell him that he is a crazy person.

If you file K-1 you file for AOS here, you cannot change to CR-1. If he came on the O visa and you got married then it would become a CR-1 (if you are even allowed to do that, not sure on that either)

Infinite thanks for donating 15 minutes of your life! Would really appreciate any advice at all!

Ankai

I cannot give advice about what I think you too should do, but I can say try not to damage future chances. Keep it real and clear, which I am sure you two are. Good luck!

Edited August 5, 2011 by I+H

[Penguin_ie 5,993]

***** Moving from K1 to General Immigration discussion as several visas are being discussed, primarily an O1 *****

[Ankai 0]

Thanks for support I+H, and congrats to you!

@Penguin_ie, Thanks for moving, couldn't for the life of me find the 'general' section.

[Anh map 2,098]

FWIW when replying in line to a post it helps to use a different font color when answering.

[I+H 11]

FWIW when replying in line to a post it helps to use a different font color when answering.

I tried

It didn't want to work for me

Thanks for support I+H, and congrats to you!

@Penguin_ie, Thanks for moving, couldn't for the life of me find the 'general' section.

No problem. Just hope I could help.

And thank you!

Edited August 6, 2011 by I+H