to ask the passport be returned

[SalishSea 17,559]

Just now, portorusa said:

If they think something is still missing, why  don’t they just reach us and ask? We would be more than happy to provide it. Like I said, we have nothing to hide. 

It makes no sense to ask for Police Certificate of a child who is less than 16 y.o. and who had never had any problems with the law. Yet we provided this document and the Embassy confirmed they received it. Then why the child’s case still has no updates?

I thought you said you had withdrawn the child’s visa application because he had decided not to come to the US?

[portorusa 431]

In my husband’s passport all travel history consists of three trips from France to USA to see me. We want to make four, what is wrong with that? The passport is his property, why is it wrong or “risky” to ask it back?

The only thing that bothers us is, What if they return the passport but cancel his ESTA? I searched everywhere for similar experience but couldn’t find the answer.

[portorusa 431]

3 minutes ago, Jorgedig said:

I thought you said you had withdrawn the child’s visa application because he had decided not to come to the US?

The child is not coming. At least not at this time. And no, we did not withdraw anything.

[SalishSea 17,559]

3 minutes ago, portorusa said:

In my husband’s passport all travel history consists of three trips from France to USA to see me. We want to make four, what is wrong with that? The passport is his property, why is it wrong or “risky” to ask it back?

The only thing that bothers us is, What if they return the passport but cancel his ESTA? I searched everywhere for similar experience but couldn’t find the answer.

Passports are the property of the issuing government.

 

if you believe that the hold up is related to his son’s application, why haven’t you simply cancelled it?

Edited January 3, 2020 by Jorgedig

[LilyJ 1,258]

1 minute ago, Jorgedig said:

Passports are the property of the issuing government.

 

if you believe that the hold up is related to his son’s application, why haven’t you simply cancelled it?

I believe it was said in a previous post that they did not want to cancel the sons visa in case he changes his mind about moving before it expires 

[portorusa 431]

1 minute ago, Jorgedig said:

 

 

if you believe that the hold up is related to his son’s application, why haven’t you simple cancelled it?

I never said I believe them. After all their promises to believe them? No way.

We want to keep the door open for the child. Besides, we are afraid to create a mess if we withdraw CR2 now. 

[SalishSea 17,559]

1 minute ago, portorusa said:

I never said I believe them. After all their promises to believe them? No way.

We want to keep the door open for the child. Besides, we are afraid to create a mess if we withdraw CR2 now. 

Ah, okay.

 

Well, since they have received the requested document and haven’t asked for anything else, it is safe to say that the visa application may be undergoing further background checks.  

Like others in this thread, I would really hesitate to request the passport and travel abroad for 87 days.  What if they want to issue it imminently?  What if they want him to come in for a second interview, but he can’t, because he’s just arrived in the US for three months?  Could be shooting yourselves in the foot.

[Boiler 44,985]

We do not know if he can travel on the VWP, never mind being admitted for such a long stay.

[portorusa 431]

No risk, no champagne! Husband submitted his request for the passport. Let’s see what happens. The flight is booked for Jan.18th. (it’s possible to change the date though). And before he travels, he will check the status of his ESTA.

[cbro 59]

Goodluck!  After all this waiting I dunno why you guys dont decide to just wait a bit more and get the Passport back WITH the Visa in it... They can't just tell you when that might be?

[SunflowerSweet 1,321]

I’m sort of confused why you are so insistent on getting that passport back. Yes AP is frustrating, but you’re in a place where your visa could be approved literally any day.

 

What if they were going to issue it next week? It’s possible you could have had the visa in hand on the 18th (or shortly after) anyways! That visit of his you were so looking forward to could have been permanent. Your best case scenario now is that they will grant the request, and then your husband will need to give his passport back after he returns. Hopefully they pick up right where they left off.

 

Even if the ESTA is still in play, what happens if he gets turned away at his POE? He clearly has established immigrant intent. You don’t think they are going to question all of this? You need to disclose the refusal/denial/whatever, I can’t imagine they won’t notice. I mean everybody in the thread is questioning it, I wouldn’t be surprised if CBP did as well.

 

I don’t see this as anything other than a self-inflicted delay of approval even if things go right for you. Which also makes me question if there isn’t more to the story.

Edited January 3, 2020 by MorganandMichael

[tiyyo 68]

I understand the frustration of being away from each other. My husband was in Spain and they kept his passport in his first interview in February 2018 but they gave  him the DS-5535 form to email in. We did the same day of the interview. In June of 2018 he requested his passport back due to work. They sent it to him but it also triggered the embassy to request an updated DS-5535 with any new travels he did. Instead of my husband coming to me, I went to Spain several times while we waited.

 

Edited January 3, 2020 by tiyyo

[Neonred 3,524]

4 hours ago, portorusa said:

When you feel you have nothing to hide, when you gave them what they asked for, when you believed them that “as soon as we receive this document, the visa will be issued within a week”, when they reassured you that they “do everything possible to help keep families together, especially for holidays”, and that our case would be “a priority”, and still there is no progress, and the CR2 case was not even looked at since the date of the interview, you can’t help but feeling angry, to say the least. We refuse to sit and do nothing and continue endure this abuse.

You really don't have much choice.

[Boiler 44,985]

OP presumably can visit.

[Cryssiekins 976]

How long have they had his passport?  It’s standard for the Embassy to keep it in order to affix the visa to a page in it.

 

Since all applications go through AP, it’s hard to gauge how long his could last for, but generally when they request to keep it, it’s because they don’t assume it will be an extended delay.

 

I understand that logically it seems silly for CBP to think someone would go through the whole visa process, get to the final stages, and then blow it by entering on VWP and just stay, but they are to determine immigration intent, and simply, he has that because of the pending visa, so they could refuse him at entry.

 

I would suggest, if it’s been a week or two, to send a gentle email to the Embassy to inquire of the status.  Maybe that will prompt the visa to be issued.