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heartandsoul

Older spouse- denied without US spouse interviews

By heartandsoul in Waivers (I-601 and I-212) and Administrative Processes (221g)

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Ebunoluwa Veteran

Ebunoluwa   6,136

Posted
Filed: AOS (apr) Country: Cyprus
 Timeline
Posted

is every INA code 212(a)(5)(A) mean non petition able plz guys help me i am very confuse and how long embassy take time to send back paperz to USCIS.And how long USCIS will take time to contact to petitioner .plz guys help me.

There is no definite time line for returned cases. They are no longer a priority. They sit at the NVC mail room and gather dust

until it is your turn in the stack. Then it gets send to USCIS. Then it takes weeks or months for USCIS to enter it into their data and assign the case to an immigration officer for review.

4-6 months for the whole enchilada...more or less.

Be proactive and call and have a senator track and monitor your case.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Peter_Pan
Peter_Pan

You can always move there, if your love is true and strong.

Darnell
Darnell

You need to FIND and ENGAGE with the Immigration Liason Staffer inside of A Congressman's Office. There are 3 possibilities for choosing an ILS Human, as you've 2 senators and one represent

TBoneTX
TBoneTX

The advice given in this thread is largely good, but unless I'm misreading things terribly, all but Brother Darnell are missing the central issue. An "extended fraud interview" usually means a Stokes

Ebunoluwa Veteran

Ebunoluwa   6,136

Posted
Filed: AOS (apr) Country: Cyprus
 Timeline
Posted

is every INA code 212(a)(5)(A) mean non petition able plz guys help me i am very confuse and how long embassy take time to send back paperz to USCIS.And how long USCIS will take time to contact to petitioner .plz guys help me.

In regards to your question about the 212 (a)(5)(a) marker,I gave you the answer on page 3. Technically yes. But...read my post on page 3.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Cathi Veteran

Cathi   5,773

Posted
Filed: Citizen (apr) Country: Jordan
 Timeline
Posted

I am trully sorry to hear the situation. I am too older than my husband ten years and im not afraid to say it. We have a two year old son and as i mentioned before in other treads my husband and baby have not met. My husband has been in AP for almost seven months now. I contacted my congressman and they had no success in trying to move the case forward. i continue to have the same replies over and over "the case is pending administrative process bla bla bla... I plan to travel to Egypt next year and perhaps start the relocation process since my husband cant take the fact that we are appart specially without the baby.

As for what your situation is concerned i will strongly recommend you sort things out, calm down at first everything turns black infront of you and it feels as if dreams are broken in million peaces, think of the possibility of relocating if he loves you he will take care of you and the kids, at least give it a try i know is hard but ask yourself what you have to loose in usa, a job if things dont work out you can always come back, see if you can get a work leave so you can start by trying to be overseas for a while and perhaps this will be the beginning of a life. I DONT KNOW it just seems that once you are denied things become more difficult and i dont know how patient he can be.

I ask my self i waited three years now with no results and with a pending case that i do not even know when is going to end. I dont want you to fall in the same situation. AGAIN evaluate your life with him and the life of your children and act.. I wish you only the best and the very best. GOOD LUCK HON.

your timeline says your husband received his visa august 15, and you posted a few weeks back that his AP was over. Is this not the case?


heartandsoul Enthusiast

heartandsoul   4

Posted
Filed: IR-1/CR-1 Visa Country: Pakistan
 Timeline
  • Author
Posted

is every INA code 212(a)(5)(A) mean non petition able plz guys help me i am very confuse and how long embassy take time to send back paperz to USCIS.And how long USCIS will take time to contact to petitioner .plz guys help me.

Just like you I keep wondering the same thing and asking questions. Probably the unfortunate people that on here that have gone or are going through this are more accurate. No one knows a definite time frame. The answer that I have received more than once is that it takes about 7 months for it to make it back to the USCIS and then they usually have it another 6 months before they start sending out the NOIR, then there is 30 days allowed to reply and after that it can take several months or longer for them to review the case with the new information. I was told to be patient for at least 2 years or to consider the two of us finding a place other than the USA where we can live together. Other than that the only choice is to make that horrible decision of ending the relationship. I hope that I can move someday in the future but with kids I just don't see that possible. I am heart broken each and every day.

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carolynhotstuff Experienced

carolynhotstuff   252

Posted
Filed: IR-1/CR-1 Visa Country: Pakistan
 Timeline
Posted

Our case was reaffirmed and we thought we would get another interview right away. Instead our case was placed in AP. There is no telling how long we will be in AP. I am trying not to complain or be bitter. I have placed this situation in God's hands. I know the embassy needs to review our new paperwork but they have had our case back for a couple of months.

HeartandSoul I know you are hurting but try to remain strong and pray that your case makes it back to USCIS in record time like mine did. Once you respond to the NOIR they give you a decision within 30 to 60 days. We had our decision in 2 weeks. I pray that you don't have to wait 2 years for your case to be sent back to the embassy.

 
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