Jump to content
Summerleaf

What is section 212(a)(5)(a) for K1?

 Share

25 posts in this topic

Recommended Posts

Filed: AOS (apr) Country: Bulgaria
Timeline

Sec. 212. [8 U.S.C. 1182]

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

(5) Labor certification and qualifications for certain immigrants.-

(A) Labor certification.

 

Sounds like work related reason for denial.

 

Did you have your K1 interview already? If yes what did they ask you?

 

Updating your timeline will help others to give you a more adequate response.

 

Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline
1 minute ago, wtrav said:

Sec. 212. [8 U.S.C. 1182]

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

(5) Labor certification and qualifications for certain immigrants.-

(A) Labor certification.

 

Sounds like work related reason for denial.

 

Did you have your K1 interview already? If yes what did they ask you?

 

Updating your timeline will help others to give you a more adequate response.

 

Hi, i will update my timeline today. I got interview last sept 7, 2018 and it's been almost 2 mos. That haven't heard my visa. I was told it will be delivered in 10 days after my interview. Today, i have been wondering what might caused the delay until I saw a post saying her passport was mailed after 3 mos. and received an e-mail of denial under that section. So i recall all of the questions in my interview and one of the questions was "Do you plan to work?" I answered maybe help his business. So I got so worried coz I have read that research that section. I am really worried now... 

Link to comment
Share on other sites

Filed: AOS (apr) Country: Bulgaria
Timeline
29 minutes ago, ClaudRy said:

Hi, i will update my timeline today. I got interview last sept 7, 2018 and it's been almost 2 mos. That haven't heard my visa. I was told it will be delivered in 10 days after my interview. Today, i have been wondering what might caused the delay until I saw a post saying her passport was mailed after 3 mos. and received an e-mail of denial under that section. So i recall all of the questions in my interview and one of the questions was "Do you plan to work?" I answered maybe help his business. So I got so worried coz I have read that research that section. I am really worried now... 

Didn't you receive a copy of the waybill so you can track your packet after they send it? This is what I got, but I had my interview in a different country than you.

I would contact the embassy and ask about the passport as 10 days have been long gone.

 

Don't worry about other people. IMO if you were told that the visa was approved the delay in receiving the passport is most likely caused by other factors but denial.

Edited by wtrav
Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline
4 minutes ago, wtrav said:

Didn't you receive a copy of the waybill so you can track your packet after they send it? This is what I got, but I had my interview in a different country than you.

I would contact the embassy and ask about the passport as 10 days have been long gone.

 

Don't worry about other people. IMO if you wee told that the visa was approved the delay in receiving the passport is most likely caused by other factors but denial.

What do you mean of denial? I might got denied? 

Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline
Just now, wtrav said:

If they told you that you were approved it may be something else causing the delay, not denial.

I know comparing to others really don't help. Thank you so mmuch for the responses...

Link to comment
Share on other sites

19 minutes ago, ClaudRy said:

I know comparing to others really don't help. Thank you so mmuch for the responses...

Are you calling USEM to inquire about the delay. USEM is not normally this slow in releasing a visa after verbal approval is given at the interview. It does happen but it is so rare. I'd call about every 3 days till you learn what is up with the final approval.

 

Call (+632)792-8988 or (+632)548-8223 if you fail to receive your visa after 5-10 working days you must call them.

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline
5 minutes ago, Greenbaum said:

Are you calling USEM to inquire about the delay. USEM is not normally this slow in releasing a visa after verbal approval is given at the interview. It does happen but it is so rare. I'd call about every 3 days till you learn what is up with the final approval.

 

Call (+632)792-8988 or (+632)548-8223 if you fail to receive your visa after 5-10 working days you must call them.

I have done that for more than a month. But no news that was being said to me aside to wait... I am so bothered...

Link to comment
Share on other sites

7 minutes ago, ClaudRy said:

I have done that for more than a month. But no news that was being said to me aside to wait... I am so bothered...

Again, call every 3 days and know that you will continue to wait. There isn't anything more you can do. Sorry.

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline
2 hours ago, ClaudRy said:

I have done that for more than a month. But no news that was being said to me aside to wait... I am so bothered...

 

No one has asked but what does your CEAC status say? Issued or is it in AP?

 

As Greenbaum said, it's rare for them to hold it this long after a verbal approval; but it does happen once and awhile....

 

I can't recall seeing one for the Philippines; but other embassies, even after a verbal approval, the visa can get denied after further evaluation and AP... while still somewhat rare, it can happen.

 

 

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline
1 minute ago, Ben&Zian said:

 

No one has asked but what does your CEAC status say? Issued or is it in AP?

 

As Greenbaum said, it's rare for them to hold it this long after a verbal approval; but it does happen once and awhile....

 

I can't recall seeing one for the Philippines; but other embassies, even after a verbal approval, the visa can get denied after further evaluation and AP... while still somewhat rare, it can happen.

 

 

The status after my interview changed to AP it sitted there for 2 weeks then changed to Application Received for a month now... 

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline
8 minutes ago, ClaudRy said:

The status after my interview changed to AP it sitted there for 2 weeks then changed to Application Received for a month now... 

 

Even two weeks is a long time. Usually is only in AP for 3-4 days. Haven't seen this myself before and doesn't sound like Greenbaum has either or not recently anyways. I would keep doing what you're doing and calling the embassy.

 

Other than that perhaps can try a congress person, but they can't really make the embassy do anything, they can just nudge them maybe to make a decision one way or another.

Edited by Ben&Zian

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline
Just now, Ben&Zian said:

 

Even two weeks is a long time. Usually is only in AP for 3-4 days. Haven't seen this myself before and doesn't sound like Greenbaum has either or not recently anyways. I would keep doing what you're doing and calling the embassy.

 

Other than that perhaps can try a congress person, but they can't really make the embassy do anything, they can just nudge them maybe to make a decision one way or another.

There are benificiaries that I met in this application. We have the same consulate and the process is really so slow. I am not even under 221g compare to these 2 ladies. One just got ISSUED after 5 weeks of waiting. Her and fiancé contacted a congressman but the response of the embassy to the congressman is the same reply she got. But I think the good thing there is, they review after the email of this officer. I wonder if the file got stuck up. And after this she got issued in a week or less.  We sent a message to one senator last night U.S time. I hope to hear from them soon...

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline
3 minutes ago, ClaudRy said:

There are benificiaries that I met in this application. We have the same consulate and the process is really so slow. I am not even under 221g compare to these 2 ladies. One just got ISSUED after 5 weeks of waiting. Her and fiancé contacted a congressman but the response of the embassy to the congressman is the same reply she got. But I think the good thing there is, they review after the email of this officer. I wonder if the file got stuck up. And after this she got issued in a week or less.  We sent a message to one senator last night U.S time. I hope to hear from them soon...

 

It's hard to say, usually the embassy there is pretty fast. We had ours issued and in hand about 8 days after the interview and most within 1-2 weeks normally; but keep doing what you're doing. Maybe it did accidentally get stuck somewhere, things happen, they are all humans over there too and make errors so.

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...