PLEASE tell me what this means

[BenRowen 20]

My fiance had her interview today.....I was there.  She received this Notice.  She says it it not a denial.  I think it is because of what that first line says........"Please be advised that for US visa purposes including ESTA, this decision constitutes a denial of visa"  She says that all she needs is a letter from her parents stating that they will have guardianship of the kids until we petition them.  Who is correct?  If she is, how long will it take to get th visa oncce she gets them the letter?  She had it overnighted to us here in Manila. If I am right (which I believe i am,) do we have to start over??

[AAAA27 37]

Not a final denial- meaning once you submit what they have asked for, the case will go through "Administrative processing" before a final decision will be made.

[BenRowen 20]

So they can still deny it after getting the info??? Then what was the point of the interview?!?  

[BenRowen 20]

6 minutes ago, AAAA27 said:

Not a final denial- meaning once you submit what they have asked for, the case will go through "Administrative processing" before a final decision will be made.

And how long does this “administrative processing” take?  

[AAAA27 37]

4 minutes ago, BenRowen said:

And how long does this “administrative processing” take?  

That is the million dollar question that no one has any answer to--one day, one week ,a month,60 days---Literally anything.  Check out the reviews based on your embassy to get a better idea on how long it took ,on an average, for people that went through the AP.

Quote

 

 

Edited May 9, 2019 by AAAA27

[Letspaintcookies 2,310]

1 hour ago, BenRowen said:

So they can still deny it after getting the info??? Then what was the point of the interview?!?  

Well the Interview is needed to give them the complete picture of your case. Sometimes they make a decision instantly and AP is done within a day or two and sometimes they'll allow themselves some more time. It differs from case to case and embassy to embassy.

[payxibka 10,045]

3 hours ago, BenRowen said:

So they can still deny it after getting the info??? Then what was the point of the interview?!?  

You are wrong and you don't need to start over.  My fiancee received a 221g in January and received her Visa in late February 

 

Of course they can still deny, If the information is deemed insufficient.  

Edited May 9, 2019 by payxibka

[Crazy Cat 41,886]

3 hours ago, BenRowen said:

And how long does this “administrative processing” take?  

Administrative processing is required for all cases.  It can last hours, days, weeks, or months.......unfortunately, a case can be denied during administrative processing........Seeing the status change to "Issued" is the only real indicator of approval.

[carmel34 3,633]

Submit a letter from her parents as requested, to confirm the guardianship issue, ASAP.  Then wait for the process to be completed and a decision made.  Good luck!  You should be fine if you provide the letter quickly.

[geowrian 22,337]

15 hours ago, BenRowen said:

Notice.  She says it it not a denial.  I think it is because of what that first line says........"Please be advised that for US visa purposes including ESTA, this decision constitutes a denial of visa"  She says that all she needs is a letter from her parents stating that they will have guardianship of the kids until we petition them.  Who is correct?

Yes it is a denial. The visa was refused under INA 221(g). This is by far the most common reason for the refusal of an immigrant (or K) visa.

The denial can be overcome...in this case by providing the requested documents and then they can complete the process to determine eligibility for the visa.

 

14 hours ago, BenRowen said:

So they can still deny it after getting the info??? Then what was the point of the interview?!?  

Absolutely. They need the information in order to determine eligibility for the visa. If that information is not sufficient, then the visa can remain refused. If they discover any other reasons to be ineligible for the visa then they will refuse. If they discover any inadmissibility, they will refuse.

One must be and remain eligible for the visa past the interview to be issued the visa, then remain so through POE to actually enter on the visa.

Assuming the only issue is the missing documents & proper documents have been supplied, then the visa can be issued.

 

The interview is when the application takes place (not just when you submit the DS-160). Just as an example, even somebody who is permanently barred from entry into the US with no waiver being possible (i.e. false claim to US citizenship, national security concerns, alien smuggling (non-IRs),  etc.) would undergo an interview before being refused the visa.

 

14 hours ago, BenRowen said:

And how long does this “administrative processing” take?  

As long as it takes to complete processing. With missing documents and no other concerns being discovered and with a background check that comes back quickly, likely somewhere in a couple weeks to a month. If other issues are found, they need to verify documents, etc. it could be longer.

Some people have been in AP for months to years for background checks. There's literally no way to know beforehand where your case will fall. The vast majority are on the shorter side of things, but nobody can guarantee a timeline.

[BenRowen 20]

Is there anyone here that has been through this particular situation before in Manila? How long did it take in administrative processing?  The paperwork was delivered to the embassy today

[BenRowen 20]

Bump.....can someone explain why it is showing up as still under AP on the NON immigrant site?.......Isn't a K1 an immigrant visa?  is this a good sign that it may be issued soon?  

[Carpe Vinum 2,327]

15 minutes ago, BenRowen said:

Bump.....can someone explain why it is showing up as still under AP on the NON immigrant site?.......Isn't a K1 an immigrant visa?  is this a good sign that it may be issued soon?  

Switching to non-immigrant is a good thing. It is one of the stages before approval. The K-1 is a hybrid. The DS-160 is used for non-immigrant visas. When it switches to non-immigrant it means it is moving in the right direction.

Edited May 23, 2019 by boris64

[Greenbaum 12,259]

1 hour ago, BenRowen said:

Bump.....can someone explain why it is showing up as still under AP on the NON immigrant site?.......Isn't a K1 an immigrant visa?  is this a good sign that it may be issued soon?  

Just about everyone gets this after their interview.  Based on the discussions I had with the case officer at USEM he informed me of these steps:

 

the first AP is the immigration unit doing the paperwork for approving the visa

the first ready is a notice that they are finished and the paperwork is being sent for visa issuance

the second AP is the visa issuance people doing their own paperwork

the second ready is that the visa has been issued and is currently being processed for delivery

 

Then "issue" is posted and the visa has left the BIG house to YOUR house.

 

Once you get that second ready, it should be sent out within a few days, although we received our visa before any of the various websites that allow you to look up the status said that it had been sent out.

[BenRowen 20]

Issued!  We got the text this morning!!!!   She has booked her flight for 6/13!  She will  travel to manila on 6/10 to get CFO Stamp (she already attended the seminar).......Wedding is 8/3 !   SOOOOOOOOOOOO HAPPPY!!!!!!!!!!!!!