Can I file for spousal visa while I-129F is in AP at New Delhi Embassy?

[Deols 0]

So here is my story. I got engaged to my fiancé and filed for I-129F, after the successful interview, the interview lady told us that "there are no doubt about the relationship but however we can't grant the visa to you at this time". No additional documents were requested. They even took my fiancé's passport. We have not heard any response from them since the interview. It has now been more than 9 months of AP and his passport is still at the embassy.

We both are tired of waiting for their response and are thinking of getting married next month. This means we will be filing for spouse visa after we get married.

My question is, can I file for spouse visa while I-129F is in AP at New Delhi Embassy? Or do I have to withdrawal I-129F in order for me apply new spousal visa?

Or what are my options, What else can I do?

Any help will be greatly appreciated.

[David & Diana R 1,005]

So here is my story. I got engaged to my fiancé and filed for I-129F, after the successful interview, the interview lady told us that "there are no doubt about the relationship but however we can't grant the visa to you at this time". No additional documents were requested. They even took my fiancé's passport. We have not heard any response from them since the interview. It has now been more than 9 months of AP and his passport is still at the embassy.

We both are tired of waiting for their response and are thinking of getting married next month. This means we will be filing for spouse visa after we get married.

My question is, can I file for spouse visa while I-129F is in AP at New Delhi Embassy? Or do I have to withdrawal I-129F in order for me apply new spousal visa?

Or what are my options, What else can I do?

Any help will be greatly appreciated.

Okay this does not make any sense. We need further info. Why would she deny and then take his passport? You say he had a sucessful interview? Are you sure he interviewed? Are you sure this is what the embassy told him? And if you go to India and get married it will effectively cancel the fiance visa and you will be starting all over again on a spousal visa if you get married. Something is fishy here. I hope not but is it possible that you are being scammed? I am not saying you are but you need to check with the embassy yourself to see if he really attended the interview. I will pray for you.

[Deols 0]

Okay this does not make any sense. We need further info. Why would she deny and then take his passport? You say he had a sucessful interview? Are you sure he interviewed? Are you sure this is what the embassy told him? And if you go to India and get married it will effectively cancel the fiance visa and you will be starting all over again on a spousal visa if you get married. Something is fishy here. I hope not but is it possible that you are being scammed? I am not saying you are but you need to check with the embassy yourself to see if he really attended the interview. I will pray for you.

She did not deny the visa . She meant she needs more info before she can approve our visa petition. She took his passport and gave us white paper saying its in AP. And yes, I am sure he was interviewed because I was present with him.

[NigeriaorBust 4,087]

If you marry you must withdraw the I129F and start all over again. You are on AP and it will probably happen again next time also.

[Billyk 6]

In 9 months - did you contact the New Delhi Embassy or DOS here in US? If you did not then I suggest you to do so by calling DOS first. Of course they won't have any response to make you feel comfortable but next thing you should do to contact your local Congressman/Senator, that will stir the pot. You should not proceed to different category unless you don't have results for the first. If something is holding K-1 it certainly won't go away that easily by doing CR-1. You will get the results in matter of days not by looking at CEAC status but by contacting the people I mentioned. Good Luck !!!!!!!!!!!!

[florida4life 29]

Did they need more info from you to turn in or they embassy needs to check on more information

[Deols 0]

In 9 months - did you contact the New Delhi Embassy or DOS here in US? If you did not then I suggest you to do so by calling DOS first. Of course they won't have any response to make you feel comfortable but next thing you should do to contact your local Congressman/Senator, that will stir the pot. You should not proceed to different category unless you don't have results for the first. If something is holding K-1 it certainly won't go away that easily by doing CR-1. You will get the results in matter of days not by looking at CEAC status but by contacting the people I mentioned. Good Luck !!!!!!!!!!!!

Yes, I have contacted DOS many times, 5 congressman inquiries. Nothing has been help. We receive same response of AP process and that they will contact us once it is over.

[Deols 0]

Did they need more info from you to turn in or they embassy needs to check on more information

like I said before, no additional documents were requested from embassy. And we have not been by contacted by them since the interview. It's only us sending them emails, calling DOS and making congressman inquiries with no help to out case. With congressman inquires, only CEAC case status date changes, nothing more than that.

[Billyk 6]

Well - I thought contacting Senator will help. My sisters case was in AP for nine months at New Delhi but our Senator helped to resolve the issue. My suggestion is to wait if you think the supporting documents and material you provided is completely genuine. It won't take other year to resolve the case but CR-1 will and definitely have impact of K-1 findings on CR-1 as well. Call Senators office and keep bugging them until they don't get any response.

[thedude6752000 360]

Also be sure to contact the USCIS Ombudsman office. Here is a handy little escalation guide I found in another forum:

"Don't waste your time, money and the Court system resources filing a mandamus action. Filing a frivolous lawsuit can get you into being imposed monetary sanctions. You must first try to resolve your matter with USCIS in good faith, you should have at least sent the Service Center director and District Director two letters inquiring about your case via certified mail with return receipt.

You should also make an Infopass appointment with your district office and talk to an immigration officer to inquiry about the status of your case (this did it for me when my case was frozen).

Lastly, USCIS has the office of the ombudsman (a person that works for the public to resolve USCIS matters by making suggestions to make the process smoother or by inquiring about cases that have been frozen as far as processing goes) which can investigate the case for you. Check : http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm

Only if you attempt all of this and after 6 months you still do not get a response then you should file the mandamus action. 99% of the chances are that if you do all of things I outlined for you above, you will receive a response as to the status of your case."

[David & Diana R 1,005]

She did not deny the visa . She meant she needs more info before she can approve our visa petition. She took his passport and gave us white paper saying its in AP. And yes, I am sure he was interviewed because I was present with him.

I'm sorry. I guess I misunderstood you. I am glad you were there at the interview. I hope I did not upset you because that was never my intent. I have read about many cases where an interview was wschduled and the spouse claimed to have gome to the 9interview but had not. I am glad that is not the case with you. It really sucks that they took his passport and have been holding it for over 9 months. I will pary for you both. God Bless

[Deols 0]

Well - I thought contacting Senator will help. My sisters case was in AP for nine months at New Delhi but our Senator helped to resolve the issue. My suggestion is to wait if you think the supporting documents and material you provided is completely genuine. It won't take other year to resolve the case but CR-1 will and definitely have impact of K-1 findings on CR-1 as well. Call Senators office and keep bugging them until they don't get any response.

what I have been told by congressman and DOS that they are probably doing a background check on my fiancé. And background check can take long time depending how deep background check they are doing.

My fiancé has a very common punjabi name. I assuming this is the probably reason for putting us in AP.

[milimelo 4,486]

Umm, absolutely irrelevant to OP as her fiance's case is at the US embassy in New Delhi - which means Department of State is to be contacted, not USCIS.

Also be sure to contact the USCIS Ombudsman office. Here is a handy little escalation guide I found in another forum:

"Don't waste your time, money and the Court system resources filing a mandamus action. Filing a frivolous lawsuit can get you into being imposed monetary sanctions. You must first try to resolve your matter with USCIS in good faith, you should have at least sent the Service Center director and District Director two letters inquiring about your case via certified mail with return receipt.

You should also make an Infopass appointment with your district office and talk to an immigration officer to inquiry about the status of your case (this did it for me when my case was frozen).

Lastly, USCIS has the office of the ombudsman (a person that works for the public to resolve USCIS matters by making suggestions to make the process smoother or by inquiring about cases that have been frozen as far as processing goes) which can investigate the case for you. Check : http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm

Only if you attempt all of this and after 6 months you still do not get a response then you should file the mandamus action. 99% of the chances are that if you do all of things I outlined for you above, you will receive a response as to the status of your case."

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[JayJayH 546]

Put it this way:

If you withdraw the I-129F today, get married and file an I-130 tomorrow, it'll be roughly one year until the CR-1 visa interview. Then, they might put him in AP for another 9 months after that interview. I'm truly sorry about the situation. But starting from scratch is not going to make this any quicker.