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Holding on to passport while in AP

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Filed: K-1 Visa Country: United Kingdom
Timeline

Hear me ROAR!



We've been under AP for 14 months! I have written letters and emails, visited the embassy in london twice and called incessant times. No avail. You can imagine the pain/anger/hurt/frustration we've been going through.



It gets worse.



After his first interview on Nov 5, 2012, the CO held on to his passport and asked him to submit additional documents so she can issue the visa. Documents sent, the passport was not returned with or without visa. We had to request the passport so he could travel for christmas in Africa as we'd planned.



We since returned the passport in January 2013.....and they've held on to the passport since then. He had another interview in October 2013....no visa, and the passport was not returned.



In the interim, the company he works for lost most of their contracts and had to downsize....and you know how it goes. Now he is looking for a new job and he needs his passport which has his UK residence permit stamped on it for work! Without which he has been able to find a job.



We have since requested the return of the passport....before christmas and no response. So he is in essence passport less and visa less. He cant travel, he cant work, he cant enroll for a new masters program that he wants to....we're literally screwed in every angle!



I have written, called and wailed....all to no avail. How can the US embassy hold on to someone's passport with a wanton disregard for the person's needs/interests and uses of the passport, (which in the first place was not issued by them?)



At this point I am thinking of withdrawing the entire application and relocating to be with him...so we can be together and continue our lives. Any advice as to how I can do that?



This is beyond me. The immigration lawyers I have met with are dumbfounded.



I need to a) Get his passport back so he can work/travel/go back to school and b) withdraw the fiance application so we can explore other options.



Worried Annie.

Feb 3, 2012 - I129F sent
Feb 6, 2012 - NoA1 Received
August 22, 2012 - NoA2 ( 198 days!!!!!)
Sept 6, 2012 - NVC Received Case
Sept 10, 2012 - London Received Case
Sept 15, 2012 - Packet 3 Received
Sept 20, 2012 - Medical
Oct 5, 2012 - All forms sent to the embassy
Nov 5, 2012 - Interview
Nov 5, 2012 - Administrative Processing crying.gifcrying.gifcrying.gifranting33va.gifcray5ol.gif

Love conquers all.

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Filed: Citizen (apr) Country: Iran
Timeline

Contact your representative to the US government for assistance. They did the same thing to my SO and he had to request his passport be returned so he could return home. I can't believe they have held his passport this long and have not responded. Don't they realize people have a life?

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Filed: IR-1/CR-1 Visa Country: India
Timeline

Get a lawyer and inform them you are going to file a writ of mandamus. Since you don't even want the visa nymore just try to file it a quickly as possible. They will have to decide one way or another to give back the passport. If they decide in your favor, ya! you win, bring him here, if not live happily ever after in a land far away from the DOS, DHS and their insanity.

Edited by thedude6752000

I-130 Sent: 11 November 2013

I-130 1st i-797(NOA-1): 12 November 2013, Vermont (Dis-)Service Center (1 day in transit)

I-130 2nd i-797(NOA-2): 30 May 2014, Vermont (Total Dis-)Service Center (199 days in USCIS hell)

I-30 Received at NVC: 11 June 2014 (11 days in transit)

NVC Case # Assigned: 27 June 2014 (15 days to case number assigned)

DS-261 Completed: 15 July 2014 (18 days to DS-261 available)

AOS Fee Bill Paid: 17 July 2014

AOS Fee Bill Shows "Paid": 22 July 2014

AOS Package Sent Out:23 July 2014

AOS Package Recieved: 28 July 2014

DS-260 Completed: ?

IV Fee Bill Paid: ?

November 2014 USCIS Spreadsheet: https://docs.google.com/spreadsheet/ccc?key=0Aqgp_fafY_R6dFI3cDREc2tNWV9qV09mMzN3WXR2dEE&usp=sharing#gid=3

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Filed: K-1 Visa Country: United Kingdom
Timeline

Get a lawyer and inform them you are going to file a writ of mandamus. Since you don't even want the visa nymore just try to file it a quickly as possible. They will have to decide one way or another to give back the passport. If they decide in your favor, ya! you win, bring him here, if not live happily ever after in a land far away from the DOS, DHS and their insanity.

Yeah I think I am going to have to do that immediately. Thanks.

Feb 3, 2012 - I129F sent
Feb 6, 2012 - NoA1 Received
August 22, 2012 - NoA2 ( 198 days!!!!!)
Sept 6, 2012 - NVC Received Case
Sept 10, 2012 - London Received Case
Sept 15, 2012 - Packet 3 Received
Sept 20, 2012 - Medical
Oct 5, 2012 - All forms sent to the embassy
Nov 5, 2012 - Interview
Nov 5, 2012 - Administrative Processing crying.gifcrying.gifcrying.gifranting33va.gifcray5ol.gif

Love conquers all.

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