K-1 Visa Revisited

[Agustus 0]

Hey guys:

 

My fiance's first interview did not go so well and she was put in Admin processing I believe because we did not have enough evidence in our file.  I have a gut feeling that it will be denied.  With that said I am planning to cancel the visa and do another one.  Any thoughts on this?

 

Thanks!

[Ebunoluwa 6,136]

There is no point in canceling the K1 at this time. AP is used for background checks, security checks, document verification
and if you file again she can end up in AP again. Wait until AP is completed, if denied then re file with a front loaded petition.
Why on earth would you want to cancel it when the decision is still pending and she could be approved.

[wheresmykoala 52]

^^^ AP doesn't mean anything bad necessarily. There are a variety of reasons as mentioned above, as to why the application would be in AP.  Stay positive, I'll hope that for your sake you're approved without any issues. I totally wouldn't just cancel the visa over AP because you do not know the outcome yet or what is going on- it would be awful if you canceled it and were so close to approval. Give it a chance and see what happens  Worst case, you can re-apply for another K-1. If you wanted to skip the K-1 process this time around, you could go the spousal route and do a CR-1. Depends what works best for you and your s/o, but even if a denial happens it will not be the end of the road. Wishing you the best!

[Agustus 0]

58 minutes ago, Ebunoluwa said:

There is no point in canceling the K1 at this time. AP is used for background checks, security checks, document verification
and if you file again she can end up in AP again. Wait until AP is completed, if denied then re file with a front loaded petition.
Why on earth would you want to cancel it when the decision is still pending and she could be approved.

What I hear is that if you know the relationship bonifide status is in question by the CO and you have that AP in that situation, then the chances of it being approved after an extended period in AP are low. If you look at old Visa Journey profiles you see many who were in AP and they just disappeared with an interview in their timeline and no approval.  If you look more closely you will notice that these were cases where the relationship was in question after the interview.  I have seen no cases on VJ where the relationship was in question going over 60 days in AP.  After 60 days in Europe for AP based on the sincerity of the relationship is very unlikely to be approved.   

Edited January 27, 2017 by Agustus

[Agustus 0]

So given the situation, it appears better to cancel the visa and open a new one with no doubts in it.  You won't end up waiting another 3 months in AP and still feel worried if it will go through or not.  If it does get rejected, you still have to wait possibly a year for it to get back to USCIS.  Probably better to start over.  It will only take 3-9 months to try again.

 

Also a lawyer told me that if the Embassy had no basis to reject it, but also no basis to approve it endless AP is the preferred way to  make a couple go away for CYA purposes.

[LionessDeon 2,060]

1 hour ago, Agustus said:

What I hear is that if you know the relationship bonifide status is in question by the CO and you have that AP in that situation, then the chances of it being approved after an extended period in AP are low. If you look at old Visa Journey profiles you see many who were in AP and they just disappeared with an interview in their timeline and no approval.  If you look more closely you will notice that these were cases where the relationship was in question after the interview.  I have seen no cases on VJ where the relationship was in question going over 60 days in AP.  After 60 days in Europe for AP based on the sincerity of the relationship is very unlikely to be approved.   

You cannot depend on the accuracy of that information.  Some people get approved and never bother to comeback to VJ. They got what they wanted and don't bother with VJ anymore. Seriously, you are not even sure why you are in AP.  There are many examples all over VJ of couples being in AP for months, year or more and getting approved.  You sir are jumping the gun.  

[LionessDeon 2,060]

35 minutes ago, Agustus said:

So given the situation, it appears better to cancel the visa and open a new one with no doubts in it.  You won't end up waiting another 3 months in AP and still feel worried if it will go through or not.  If it does get rejected, you still have to wait possibly a year for it to get back to USCIS.  Probably better to start over.  It will only take 3-9 months to try again.

 

Also a lawyer told me that if the Embassy had no basis to reject it, but also no basis to approve it endless AP is the preferred way to  make a couple go away for CYA purposes.

There's no waiting for a K1 to be sent back.  That's a CR1 you are talking about. You don't know how  long AP could take. You could get issued next week.  Have you contacted a congressman?  

What makes you think cancelling the K1 and refiling another K1 or CR1 won't end you right back in AP?  You are in AP for a reason and until you find out that reason it's doubtful a new petition will be any more successful.  

[Agustus 0]

1 hour ago, LionessDeon said:

You cannot depend on the accuracy of that information.  Some people get approved and never bother to comeback to VJ. They got what they wanted and don't bother with VJ anymore. Seriously, you are not even sure why you are in AP.  There are many examples all over VJ of couples being in AP for months, year or more and getting approved.  You sir are jumping the gun.  

Perhaps, but the problem is that I know exactly why I am in AP it is about the sincerity of the relationship.  They implied that during the interview.  Very seldom does AP go through when a CO has doubts about the relationship.

[Agustus 0]

58 minutes ago, LionessDeon said:

There's no waiting for a K1 to be sent back.  That's a CR1 you are talking about. You don't know how  long AP could take. You could get issued next week.  Have you contacted a congressman?  

What makes you think cancelling the K1 and refiling another K1 or CR1 won't end you right back in AP?  You are in AP for a reason and until you find out that reason it's doubtful a new petition will be any more successful.  

There is waiting for a fiance Visa to be sent back.  If it stays in AP limbo for months it goes back to USCIS with a recommendation to revoke.  The CR1 is another story, but similar to the K-1.  I plan to contact a congressman when I hit the 90 day mark. Canceling a K1 and coming back with a CR1 which is more convincing would not land me in AP, because the sincerity of the relationship would not be in question with a more serious case.

 

Yes I am in AP for a reason and I know exactly what that reason is, they implied it very clearly in the interview.

[LionessDeon 2,060]

Implying is not knowing exactly. Regardless, do a good amount of frontloading then.   Hope it all works out. 

Good Luck. 

[Agustus 0]

Just now, LionessDeon said:

Implying is not knowing exactly. Regardless, do a good amount of frontloading then.   Hope it all works out. 

Good Luck. 

What is frontloading?

[LionessDeon 2,060]

Sending relationship evidence in with petition and not waiting until interview. 

http://www.visajourney.com/sitesearch/?cx=partner-pub-3407508467788263%3A9725800110&cof=FORID%3A10&ie=UTF-8&q=Frontloading+&sa=Search&siteurl=www.visajourney.com%2F&ref=&ss=4106j3553284j8

 

But I've not known of Sweden being a difficult embassy. 

[Agustus 0]

8 hours ago, LionessDeon said:

You cannot depend on the accuracy of that information.  Some people get approved and never bother to comeback to VJ. They got what they wanted and don't bother with VJ anymore. Seriously, you are not even sure why you are in AP.  There are many examples all over VJ of couples being in AP for months, year or more and getting approved.  You sir are jumping the gun.  

I disagree, just look at the data and logic.  Do a search under Administrative Processing and find a big group of folks who have last visited vj a year after their last timeline input was "interview".  The fact that they visited a year later and never mention any good news about their fiance finally getting here speaks volumes.  Also, randomly look at vj members who haven't been back for a year or more and notice that almost none of them show this same pattern.  

 

There is evidence that once in AP and the consul doubts the relationship it dies in limbo.  I believe these cases are largely unreported, because they are not something to announce to the world.  So, I think it is a myth for people to keep hope alive in the process of AP when there is evidence that the embassy puts certain cases they don't like in AP to make them go away.  The reason the embassy wants them to go away is because they want to protect themselves and their jobs when they lack the evidence they need to make a decision.  They also lack the evidence both to reject or approve so they just ignore the case in AP.  This pattern is evident if you do the research.  Very few cases in AP over 90 days which get approved from Western European countries. 

[LionessDeon 2,060]

Just because they "visited" the VJ website does not mean they went in and updated their timeline. I wish I had a dollar for everytime I asked people to update their timeline  There are many very active VJ members who don't even have a timeline or update it at all.  You are putting alot of faith in a tool that completely depends on member involvement and participation.

 Maybe they do put certain couples into AP to see how long they keep it together and fight for their "bonafide" relationship.  I don't know.  I think basing any assumption off VJ timelines and lack of members posting their good news is not efficient or accurate.  I know what I have seen here as a three year VJ member who has literally read hundreds of topics in multiple forums.

We can agree to disagree and you are free to proceed as you wish.

[Agustus 0]

22 minutes ago, LionessDeon said:

Just because they "visited" the VJ website does not mean they went in and updated their timeline. I wish I had a dollar for everytime I asked people to update their timeline  There are many very active VJ members who don't even have a timeline or update it at all.  You are putting alot of faith in a tool that completely depends on member involvement and participation.

 Maybe they do put certain couples into AP to see how long they keep it together and fight for their "bonafide" relationship.  I don't know.  I think basing any assumption off VJ timelines and lack of members posting their good news is not efficient or accurate.  I know what I have seen here as a three year VJ member who has literally read hundreds of topics in multiple forums.

We can agree to disagree and you are free to proceed as you wish.

I appreciate what you say and would love to believe you, but I think we have to take off our rose colored glasses and realize that people who work in the US government are not always your friends.  They are likely interested in protecting their jobs and doing their job even if its in a draconian way.