I601 post waiver approval delay (administrative processing)

[KP19 0]

Hi, 

 

During my interview with the embassy in 2018 they found me inadmissible during to fraud and willful-misrepresentation, and I was advised to apply for I601 waiver to move the ahead.  

 

Fortunately, the waiver was approved I was called for another interview. I fixed my interview for Nov 20, 2019, after receipt of the I601 waiver approval.

 

During my interview, the CO mentioned that as soon as I submit the approval letter I should be good to go and confirmed that the application was approved (this felt odd as we believed that the CO already had a copy of the approval letter). 

 

However, we submitted this letter to the embassy in India (I am an Indian national married to American citizen) and the embassy acknowledged the receipt of the documents (passport and waiver letter on Dec 5, 2019). 

 

The status is showing as 'administrative processing' since then and we're keen to learn what is going on.

It's been almost two months and my passport is still with the embassy and the status is the same. 

 

Could anyone guide us/share their experience as to what could be going on?

Why is it taking long and what could be the potential outcome?

 

We have twins and my spouse is looking after them alone (needless to say that she is suffering and need help). 

 

Regards

[Just Paul 4,595]

29 minutes ago, KP19 said:

The status is showing as 'administrative processing' since then and we're keen to learn what is going on.

There really isn't much anyone can say or do about administrative processing.   It can take a few days, week, months or even years.   It is a good sign that they kept the passport.

 

Unfortunately the person that did the interview does not make the final determination.  All petitions get re-reviewed before going into ready then issued status.

[KP19 0]

Thanks, Paul & Mary.

 

Just surprised that the CO said that I should be good to go the moment waiver approval letter was submitted. 
 

The worry I have is the difficulty that my spouse continues to face with twins and her full-time job. 
 

Never knew that the post waiver approval time could run into weeks or months. 

[QueenAri 1]

May I ask what fraud and willful representation was committed?

[Going through 5,671]

31 minutes ago, KP19 said:

Just surprised that the CO said that I should be good to go the moment waiver approval letter was submitted. 
 

The worry I have is the difficulty that my spouse continues to face with twins and her full-time job. 
 

Never knew that the post waiver approval time could run into weeks or months. 

The CO has no control over the length of time in AP....AP happens to everyone---time it takes can depend on various factors, and it cannot be expedited. 

Some COs will state the visa is approved during the interview, only for the person to find out later that the visa has been refused after AP is completed.

 

The CO saying "good to go" could have just only been in reference that the interview process was completed to their satisfaction.

 

Hopefully your wife has family/friends to help with any challenges....best of luck to you!

 

 

[KP19 0]

I had a previous marriage that did not end well. 

However, is it probable that the visa may be denied after waiver approval? 

[Just Paul 4,595]

11 minutes ago, KP19 said:

However, is it probable that the visa may be denied after waiver approval? 

That is a possibility.   But if was going to be denied based on the interview I doubt they would keep your passport.

 

You have a case that goes back and forth between USCIS and the consulate.  Best to sit tight.

[Going through 5,671]

23 minutes ago, KP19 said:

I had a previous marriage that did not end well. 

However, is it probable that the visa may be denied after waiver approval? 

Don't see the previous marriage raising an issue, unless the "fraud and willful misrepresentation" had something to do with that and USCIS reconsiders the validity of the waiver upon further investigation (not common for this to happen, but it's in their policy that "USCIS may reconsider an approval of a waiver at any time if it is determined that the decision has been made in error.").  A normal case of a marriage not ending well would not be cause for concern, immigration-wise.

 

As mentioned, keeping the passport is generally a good sign.  At this point, all you can do is wait....and try to relax.

[SalishSea 17,970]

19 hours ago, KP19 said:

I had a previous marriage that did not end well. 

However, is it probable that the visa may be denied after waiver approval? 

Do you mean that your previous marriage was not legally terminated before you married your current wife?

[KP19 0]

Hi Jorgedig, thanks for your note. Well, all of it was legal but the CO asked to apply for waiver of misrepresentation since they were not convinced of the legitimacy of the previous marriage. 

Now, the concern is that post the waiver approval my passport is with the embassy since almost two months and we do not have visibility. What troubles us is: 

1. I hope the waiver approval is not revoked

2. During the interview, CO showed confidence and indicated that I would be good to go post submitting the approval letter - which seems like taking forever

3. Not sure how long this would take - some say weeks, months or even years  

4. Should I ask my spouse to move to my home country (with twins) - we want to avoid this because of W2/income impact that we would need to count on, but also mindful that she continues to struggle alone and is facing hardship

5. Importantly, could this be denied - if so, why ask for waiver in the first place

 

Hope this clarifies.

 

Regards

[KP19 0]

Hi guys, the status is still the same. Wondering if anyone has an opinion on what could we do. 

 

Now, the concern is that post the waiver approval my passport is with the embassy since almost two months and we do not have visibility. What troubles us is: 

1. I hope the waiver approval is not revoked

2. During the interview, CO showed confidence and indicated that I would be good to go post submitting the approval letter - which seems like taking forever

3. Not sure how long this would take - some say weeks, months or even years  

4. Should I ask my spouse to move to my home country (with twins) - we want to avoid this because of W2/income impact that we would need to count on, but also mindful that she continues to struggle alone and is facing hardship

5. Importantly, could this be denied - if so, why ask for waiver in the first place

 

any thoughts?

[KP19 0]

On 1/27/2020 at 6:34 PM, Going through said:

Don't see the previous marriage raising an issue, unless the "fraud and willful misrepresentation" had something to do with that and USCIS reconsiders the validity of the waiver upon further investigation (not common for this to happen, but it's in their policy that "USCIS may reconsider an approval of a waiver at any time if it is determined that the decision has been made in error.").  A normal case of a marriage not ending well would not be cause for concern, immigration-wise.

 

As mentioned, keeping the passport is generally a good sign.  At this point, all you can do is wait....and try to relax.

Well, the waiver was for 'fraud and misrepresentation' pertaining to my previous marriage - fortunately, the waiver is approved - can they still reject it?

[Going through 5,671]

Already answered that question above about whether approved waivers can be reconsidered later on (you quoted that same post where that was stated).

Edited January 31, 2020 by Going through

[Unknown4 10]

On 1/31/2020 at 11:52 AM, KP19 said:

Well, the waiver was for 'fraud and misrepresentation' pertaining to my previous marriage - fortunately, the waiver is approved - can they still reject it?

Calm down they will give you your visa after they finished their Ap ,they want to know if truely you have divorced your ex wife, befor making your visa decision k

[Unknown4 10]

12 minutes ago, Unknown4 said:

Calm down they will give you your visa after they finished their Ap ,they want to know if truely you have divorced your ex wife, befor making your visa decision k

To me you never answer the question @Jorgedig asked you correctly to me, why the co said you have committed fruad of willfully misrepresenting in the first place of your immigrant interview 2018?, just answer the @Jorgedig asked you,Do you mean that your previous marriage was not legallyterminated before you married your current wife? For me to know which advice I will give you, my question you sure that your previous marriage was truly terminated legally? Bec I am wondering why they told you to file a waiver of fruad  misrepresentation or have you went for non immigrant interview  befor your first immigrant interview 2018? Maybe you have lier that you have married befor during your non immigrant interview befor your immigrant interview 2018 for it to be a strong ties for you to get visa then