K1 Process - Administrative Processing

[John & Rose 7,239]

Just now, GeeRaf said:

Gotcha. Thank you. This process has been extremely long and now very stressful. While I have you, our attorney has seemingly ditched us. He's been non-responsive for the past month or so. I didn't want to complain because I didn't know if he would say or do something to impact the outcome. Are there any steps to file a complaint and should we wait until the process is done? He claims to be on the team of people who spearheaded the Department of HS so I don't know how much clout he has. 

First, don’t believe him if he says he was part of the team that spearheadsed DHS. Maybe he was but it sounds more like a sales pitch than the truth. 

 

Let us know where you are in the journey. We can get you through this. I wouldn’t do anything about the lawyer except move on and take this into your own hands. In my few years here I have only heard of one lawyer that actually helped and hundreds that either simply slowed the process down or outright hurt the filers. 

 

If you do do decide to file a complaint, do it after you get through the process. There is no reason to add more stress to this journey. 

[GeeRaf 61]

1 minute ago, John & Rose said:

First, don’t believe him if he says he was part of the team that spearheaded DHS. Maybe he was but it sounds more like a sales pitch than the truth. 

 

Let us know where you are in the journey. We can get you through this. I wouldn’t do anything about the lawyer except move on and take this into your own hands. In my few years here I have only heard of one lawyer that actually helped and hundreds that either simply slowed the process down or outright hurt the filers. 

 

If you do do decide to file a complaint, do it after you get through the process. There is no reason to add more stress to this journey. 

At the time of filing, we were both expats. I'm back in the US now because I assumed this would be fairly quick according to the attorney. We filed in Dec 2016. The case was sent to his home country of India but we requested it to be moved to AD where we lived. That took over a year and he didn't get an interview until December 2018. Had the interview, seemed to go OK, didn't realize that we needed to have tax papers so received a 221 g for that and a subsequent appointment the following week. Then that person asked for more evidence of relationship. I lived in AD from 2012-2017 so it's not a lot these "chats" that he was requesting. However, I gathered what I had, lots of screenshots of chats from FB, Whatapps etc, plus pictures together, evidence of trips together all totaling about 350 pages or so. He's had two trips back to the embassy since the initial interview. Received an email rather fast stating that the passport was ready for pick-up. However, I'm not confident, because they've collected and returned the passport once already. They took it again at the latest appointment. The CEAC only says AP last update Jan 13. 

[John & Rose 7,239]

27 minutes ago, GeeRaf said:

At the time of filing, we were both expats. I'm back in the US now because I assumed this would be fairly quick according to the attorney. We filed in Dec 2016. The case was sent to his home country of India but we requested it to be moved to AD where we lived. That took over a year and he didn't get an interview until December 2018. Had the interview, seemed to go OK, didn't realize that we needed to have tax papers so received a 221 g for that and a subsequent appointment the following week. Then that person asked for more evidence of relationship. I lived in AD from 2012-2017 so it's not a lot these "chats" that he was requesting. However, I gathered what I had, lots of screenshots of chats from FB, Whatapps etc, plus pictures together, evidence of trips together all totaling about 350 pages or so. He's had two trips back to the embassy since the initial interview. Received an email rather fast stating that the passport was ready for pick-up. However, I'm not confident, because they've collected and returned the passport once already. They took it again at the latest appointment. The CEAC only says AP last update Jan 13. 

Wow. That is a bit more complicated than most people deal with. How long did you live together there?  Hindsight is 20/20 but if more than 6 months you can get married and do a Direct Consular Filing. That is the gold standard of visas.  It is quick and easy and  lawyer worth his salt would have at least mentioned that was a possibility. 

 

Just hang in there. Give them exactly what they ask for and be patient. You are close. Just keep doing what they ask and this will be over soon. 

[SalishSea 17,842]

9 hours ago, GeeRaf said:

Right. The person communicated that the passport would be taken to the US for the visa to be inserted then taken back to the host country as if the visa's were not printed on site.

Huh?   LOL.   So not true.

[Luigina 3]

hello group that there are hopes if after my interview they sent my case back to the NVC and is there for almost two months visa k1 was returned for two years without seeing us in person with my boyfriend spent 2 and 5 months. I wait for your answers thanks

[John & Rose 7,239]

39 minutes ago, Luigina said:

hello group that there are hopes if after my interview they sent my case back to the NVC and is there for almost two months visa k1 was returned for two years without seeing us in person with my boyfriend spent 2 and 5 months. I wait for your answers thanks

If you had not seen your boyfriend in person during the 2 years prior to filing you have been denied. That is one of the requirements and has to be done in order to be eligible for the visa. 

 

You can see each other in person and then file a new petition. 

[Luigina 3]

12 minutes ago, John & Rose said:

If you had not seen your boyfriend in person during the 2 years prior to filing you have been denied. That is one of the requirements and has to be done in order to be eligible for the visa. 

 

You can see each other in person and then file a new petition. 

OK thanks. then the best thing would be no longer wait for the answer or wait to re-enter another request?

[SalishSea 17,842]

4 minutes ago, Luigina said:

OK thanks. then the best thing would be no longer wait for the answer or wait to re-enter another request?

Since you will have to have another in-person visit anyway, and then start the K-1 entirely over again, why not just marry on that visit, and do a CR-1?   

 

Did you not know about the requirement to have met within the immediate two years prior to filing the petition?

[John & Rose 7,239]

17 minutes ago, Luigina said:

OK thanks. then the best thing would be no longer wait for the answer or wait to re-enter another request?

I agree with @Jorgedig  the spousal visa is probably the way to go now. 

[Luigina 3]

11 minutes ago, Jorgedig said:

Como de todos modos tendrá que hacer otra visita en persona y luego volver a iniciar el K-1, ¿por qué no casarse en esa visita y hacer un CR-1?   

 

¿No sabía acerca del requisito de haberse reunido dentro de los dos años inmediatos antes de presentar la petición?

 

12 minutes ago, Jorgedig said:

Como de todos modos tendrá que hacer otra visita en persona y luego volver a iniciar el K-1, ¿por qué no casarse en esa visita y hacer un CR-1?   

 

¿No sabía acerca del requisito de haberse reunido dentro de los dos años inmediatos antes de presentar la petición?

because we thought we were within the limit but it was not like this we have a child and if it was long all this and the final formally still do not give us a formal answer. I do not know if USCIS did not realize the time or because we were approved in first stay and in the interview they gave us the temporary visa refusal and asked Uscis to reevaluate our request since Uscis was the one who approved us. so we do not know whether to wait for the formal answer of uscis or to enter the petition to get married?

[SalishSea 17,842]

17 minutes ago, Luigina said:

 

because we thought we were within the limit but it was not like this we have a child and if it was long all this and the final formally still do not give us a formal answer. I do not know if USCIS did not realize the time or because we were approved in first stay and in the interview they gave us the temporary visa refusal and asked Uscis to reevaluate our request since Uscis was the one who approved us. so we do not know whether to wait for the formal answer of uscis or to enter the petition to get married?

They will not approve it, even if USCIS mistakenly approved it.  The two year rule is firm.  

[GeeRaf 61]

6 hours ago, John & Rose said:

First, don’t believe him if he says he was part of the team that spearheadsed DHS. Maybe he was but it sounds more like a sales pitch than the truth. 

 

Let us know where you are in the journey. We can get you through this. I wouldn’t do anything about the lawyer except move on and take this into your own hands. In my few years here I have only heard of one lawyer that actually helped and hundreds that either simply slowed the process down or outright hurt the filers. 

 

If you do do decide to file a complaint, do it after you get through the process. There is no reason to add more stress to this journey. 

We were denied. Where do we go from here?

[Lil bear 4,227]

10 minutes ago, GeeRaf said:

We were denied. Where do we go from here?

Meet in a third country and marry. Apply for spouse visa . 

[GeeRaf 61]

1 minute ago, Lil bear said:

Meet in a third country and marry. Apply for spouse visa . 

Now I'm not sure if we were denied or no. Please look at this file. How should we arrange the documents? If this still AP or denial?

[Stubmeister 31]

I'm just a newbie here but I would say that it is an RFE!