Sent to AP for having a common name (CR1 Seoul). I'm devastated. Help!

[mrss13 2]

I am completely devistated. My husband has a very common first, middle and last name. On these grounds, our file was sent to additional processing. They said it "probably" would be weeks instead of months. They kept his passport. I feel so hopeless. We spent so much time and money and I can't fathom why the multiple record checks and official identification weren't enough to satisfy them. I haven't been this devistated since my cousin died. Why woikd they do this to us??

[cdneh 3,112]

That they kept is passport is good. Did they tell him it was on account of his names?

They aren't doing it to you in order to cause you misery, although it likely feels that way. They have to be sure is all, of who they are granting residency to. If they've a concern, the will want to check again.

I'm sorry for the additional wait, we had that as well. I hope it will get sorted soonest.

[mrss13 2]

Yes, he said the common name was the reason. How long did you have to wait?

[cdneh 3,112]

We ended up stuck at NVC on our k1, which is a bit different. Still, it was AP, and we were held up there nearly 8 weeks. We had to file a FOIA to find out why. It was random, just as they said at interview. We were going nuts trying to work out why, as it was just when they started doing that with K1's. At least you know what the hold up is, lots of people never do find out. Hope it gets settled for you soon

[mrss13 2]

Thanks. I just can't believe the mounds of paperwork weren't enough to prove his identity. It's completely absurd.

Thanks. I just can't believe the mounds of paperwork weren't enough to prove his identity. It's completely absurd.

[mrss13 2]

Actually, I have been reading and I'm not sure if what is happening is AP. We were given no form whatsoever. He didn't say it was administrative processing but just said it had to be checked by another agency... any thoughts?

[mrss13 2]

Hi everyone. I posted this over at DCF but I wanted to ask a more general audience if they have had this experience. My husband is Canadian and I am American. We are both English teachers in South Korea. In order to do this job, we had to pass multiple background checks. When we submitted our paperwork for the visa, we had fingerprint based background checks from Canada and South Korea. Even so, the officer said that he had to send our application away to be verified by "another agency" because his first, middle, and last names are extremely common in the US and Canada and apparently there's some criminal on their database with a very similar name. He has only been across the US border a few times and never issued any sort of visa (Day trips are common for Canadians). He's never been in any sort of legal or immigration trouble. He's been a teacher and worked with children for years and has passed numerous background checks in Korea and Canada.

To be honest, I'm devastated. My working conditions here are terrible. We had planned to stay until the beginning of March, but two days before our interview, my boss started attacking me, saying very rude, personal, and racist things against me. She also threatened to fire me unless I stop standing up for myself. My students have fights every day in class involving weapons such as box cutters, and a boy sexually harassed me without being punished at all. I'm a career teacher and I am at the end of my rope. We were planning to start packing and leaving when we got the visa for the sake of my mental health and well being, only to find out we might be stuck here indefinitely.

The officer said "it will probably be weeks as opposed to months" and he kept the passport, which I was told is a good sign, but I am still devastated. I worked for months to present a "perfect" application so that we would be approved easily. The stress from my workplace has given me stomach ulcers and I was recently put on anxiety medication. I tried to find an English speaking therapist here, but to no avail.

I feel like I am trapped in this country and in this terrible work environment for no fault of our own. I wish they had just needed another document or something, we could easily change that. We can't change the name he was born with! Why on earth do we even get all those expensive background checks and identification sources if they are just going to delay us due to some random database? It's completely absurd...

I feel like a person who spent thousands on a fancy home security system only to have an asteroid land on our house.

So.. there's my general rant. I guess these are my specific questions:

1. Has anyone else had to go to AP for having a common English name? What was your experience?

2. If I can't stay in Korea anymore, can we request his passport back, leave and continue the processing in the US? Or even Canada? How would that affect our case?

Thanks for reading...

[Dylan'sWife 2]

Hi, a friend of mine went into AP because someone with the same name came as her up in database. From what I can recall, it was resolved in less than a month.

[mrss13 2]

Dylan'sWife, your comment brought tears of hope to my eyes I know that every case is different but it's good to know that a swifter resolution is possible. Thank you so much for your reply.

[Darnell 8,478]

IMO, there's nothing keeping YOU from leaving S. Korea, at the moment. So, if the working conditions don't improve, you can hop on the next plane to USA.

Sure, it'll mean you're still waiting for your spouse to come along after you, but ....

as to the additional checks - I've no idea on the name clearance thingie. The IV unit has to touch base with 'some office in the USA' at the moment, and has to wait to hear back from them before the visa can be issued.

[mrss13 2]

Hi Darnell. I know that I can leave if I have to, and my husband told me that I should go if things are too bad for me here, but I'm not willing to leave him here alone. If our case has to be delayed anyway, I'd rather wait it out together in the US or Canada even if it means the wait will be longer than if we stayed here... but I don't even know if it's possible.

Hopefully it will be resolved soon so that it won't be an issue, but I'm just looking at our options.

[Dylan'sWife 2]

You are welcome. I honestly wouldn't fret over this too much (although delays are irritating), thankfully with biometrics they will be able to distingush your husband from his name sake.

Dylan'sWife, your comment brought tears of hope to my eyes I know that every case is different but it's good to know that a swifter resolution is possible. Thank you so much for your reply.

[Ms Hogan 295]

Perhaps you should consider each of you going back to your home countries to wait out the process. It sounds unsafe for you to be there now. Why take that risk? Spending some time apart is frustrating and trying at times BUT at the end of the process you'll be safely together in the same place.

I don't know what the procedures are. If you can make a request to have your file transferred based on him being a Canadian IN Canada and you making your way back to the U.S. to establish a home and work there for you in order to support him upon your arrival? I'm not sure. It just sounds like you should get out of where you are. Good luck!

[Ryan H 3,812]

Duplicate topics merged and moved to Waivers and Administrative Processes forum.

[jan22 3,056]

Unfortunately, once the interview has occurred, it's too late to transfer the file to another country. And, it is impossible to believe that he would be granted entry into the US -- there would be a record of his interview and imminent plan to immigrate, so he would be denied entry, so I would advise you not to spend the money on his plane ticket at this point. Your situation sounds very stressful -- is it possible for you to just quit your job and still remain in Korea? If not, for your health's sake, you might need to listen to your husband and go back a little before him. Hopw it's all sorted out soon.