Attending the interview without a Police Certificate.

[patis 18]

The embassy in tunis rescheduled our interview to be a week earlier than it was originally. Feb 13th instead of the 20th. They notified us of this change on Jan 29th and the police certificate was ordered January 31st very soon after. However we still do not have the police certificate. It is supposed to take 10 days to process according to the website, so it is possible it could still come. However I'm worried about delays and not having it for the interview on February 13th.

 

Should I expect a denial because of this or can I send it in at a later date? Our K-1 expires April 2nd according to the NOA2

[geowrian 22,338]

Yes, the visa will be refused with a missing PCC. This assumes they let you actually interview, but I think that is only an issue with some consulates when the medical is missing.

They should issue a 221(g) requesting the PCC. They will continue processing the case once they receive the PCC. How long that takes varies by consulate...expect a matter of weeks. there may or may not be additional processing after that, too (same as if you had the PCC at the interview).

[patis 18]

11 minutes ago, geowrian said:

Yes, the visa will be refused with a missing PCC. This assumes they let you actually interview, but I think that is only an issue with some consulates when the medical is missing.

They should issue a 221(g) requesting the PCC. They will continue processing the case once they receive the PCC. How long that takes varies by consulate...expect a matter of weeks. there may or may not be additional processing after that, too (same as if you had the PCC at the interview).

My follow up question was Do you know if the processing time factors into the April 2nd deadline? Like if we get the police certificate to them and they're "processing" for weeks and that deadline passes is the k-1 not valid anymore?

[geowrian 22,338]

7 minutes ago, patis said:

My follow up question was Do you know if the processing time factors into the April 2nd deadline? Like if we get the police certificate to them and they're "processing" for weeks and that deadline passes is the k-1 not valid anymore?

I-129F* (the K-1 was not issued yet)

If you submit the documentation before the petition expires, then they will renew the petition at least until they complete administrative processing.

If for some reason the petition would expire before you can submit the documentation, you can request that they extend it (usually in 4 month increments up to a year).

[patis 18]

3 minutes ago, geowrian said:

If you submit the documentation before the petition expires, then they will renew the petition at least until they complete administrative processing.

Thank you so much! I'm sure we can get the police certificate before the April 2nd deadline.  Hopefully it comes this Monday and this is all a non-issue. In your experience have you seen many members denied just based on turning in papers late?

[geowrian 22,338]

1 minute ago, patis said:

Thank you so much! I'm sure we can get the police certificate before the April 2nd deadline.  Hopefully it comes this Monday and this is all a non-issue. In your experience have you seen many members denied just based on turning in papers late?

Well, the 221(g) is a refusal already. INA 221(g) covers an incomplete visa application (like a missing PCC).

But in terms of a refusal due solely to a missing document - and that refusal not being overcome - I've only seen it if the documents were not submitted timely (after petition expiration and the CO refusing to extend it).

 

Best wishes.

[patis 18]

11 minutes ago, geowrian said:

Well, the 221(g) is a refusal already.

Sorry I'm trying to understand. So We would be technically "Refused" but then that could be later switched to accepted if we produce the missing document?

 

I'm just trying to figure out if there is still hope here

[geowrian 22,338]

5 minutes ago, patis said:

Sorry I'm trying to understand. So We would be technically "Refused" but then that could be later switched to accepted if we produce the missing document?

 

I'm just trying to figure out if there is still hope here

Yes, the visa would ineligible for the visa under INA section 221(g), and therefore it would be refused.

That refusal will then be "overcome" by providing the missing document that led to the refusal.

 

I'm using the language from DOS. Example: https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2018AnnualReport/FY18AnnualReport - TableXX.pdf

221(g) is by far the most common reason for a refusal of a visa (barring 214(b) - immigrant intent - which does not apply to a K-1).

Most are overcome. The ones that aren't almost always are for another reason, not missing documents (221(g) covers more than just missing documents).