K1 visa still in AP

[Amna Anwar 3]

Hey,

 

I applied for K1 visa for my fiance back in December of 2017. My fiance had his interview on 24th September. He was requested to submit his Facebook id, his phone numbers, addresses, and places he had worked at. We submitted all the information the next day of interview. Ever since September 24th 2018 his case is in AP. I am so frustrated I don't know what to do?

 

I am US citizen and he lives in Pakistan.

[Sparkle Sparkle 913]

Maybe you should consider marriage then file I-130. It's hard to deny spouses. 

[Just Paul 4,594]

27 minutes ago, Amna Anwar said:

Hey,

 

I applied for K1 visa for my fiance back in December of 2017. My fiance had his interview on 24th September. He was requested to submit his Facebook id, his phone numbers, addresses, and places he had worked at. We submitted all the information the next day of interview. Ever since September 24th 2018 his case is in AP. I am so frustrated I don't know what to do?

 

I am US citizen and he lives in Pakistan.

Administrative processing is the norm in Pakistan.  Over 18 months is typical. 3 years isn't unheard of. Especially if he is a military age male.  The consulates are closed and running background checks is probably suspended too.

Edited May 28, 2020 by Paul & Mary

[Rose2019 45]

So sorry to hear this! I’m in the same boat right now except my fiancé is in Germany. Hopefully we hear some good news soon. 

[SalishSea 17,464]

1 hour ago, Amna Anwar said:

Hey,

 

I applied for K1 visa for my fiance back in December of 2017. My fiance had his interview on 24th September. He was requested to submit his Facebook id, his phone numbers, addresses, and places he had worked at. We submitted all the information the next day of interview. Ever since September 24th 2018 his case is in AP. I am so frustrated I don't know what to do?

 

I am US citizen and he lives in Pakistan.

Normal for Pakistan, their record-keeping isn't up to US DOS standards.

[SalishSea 17,464]

1 hour ago, Sparkle Sparkle said:

Maybe you should consider marriage then file I-130. It's hard to deny spouses. 

AP is generally about background checks.  A spouse would still be subject to the same AP.

[Sparkle Sparkle 913]

1 minute ago, Jorgedig said:

AP is generally about background checks.  A spouse would still be subject to the same AP.

But even at that it's been 3 years... An approved I-130 will be definitely worth the time

[SalishSea 17,464]

Just now, Sparkle Sparkle said:

But even at that it's been 3 years... An approved I-130 will be definitely worth the time

My point is that the extended AP is very likely not related to the legitimacy of the relationship.....and whatever issues are holding it up are going to be there regardless of the type of visa.

[geowrian 22,337]

2 hours ago, Sparkle Sparkle said:

Maybe you should consider marriage then file I-130. It's hard to deny spouses. 

37 minutes ago, Sparkle Sparkle said:

But even at that it's been 3 years... An approved I-130 will be definitely worth the time

It's just as easy/hard to deny a fiance/fiancee as it is a spouse, actually. Both visas effectively have to show the same thing, except a spouse has an MC and a fiance has a letter of intent. The main difference is a denied spousal visa due to not having a bona fide marriage can be reaffirmed, whereas a K-1 dies.

That said, this visa application does not appear to have been denied due to the relationship validity. If that was the case, they would refused the visa and sent the petition back by now. I've seen a lot claims against Islamabad, but lack of willingness to just refuse a visa is not really up there.

Extended AP is not uncommon with Pakistan, especially when a DS-5535 is requested (as appears to be the case here based on the OP's statement). Most often this is due to background checks, and applies equally whether it's a spouse, fiance/fiancee, or other relationship (because it's not about the relationship).

 

Doing an I-130 now (meaning to marry first) would effectively just restart the process. They would have the > 1 year wait for the interview & may (probably) just end up in the same AP again.

 

Note that they interviewed on 9/24/2018. So it's "only" been slightly over 1.5 years, not 3 years, that they have been in AP. The time prior to AP is relatively the same (give or take months) for everyone from that consulate, so it's not really fair to include that in the waiting period.

While ~1.5 years of AP is quite a bit (even for Pakistan), it's also not unheard of either. I think the most I saw was a little over 3 years of wait in AP.

 

As for what can be done, the main thing is to keep in touch with the consulate . You can contact a congressional rep to inquire on your behalf, but they cannot influence the decision - only get information.

As a last resort, a Writ of Mandamus (WoM) can be discussed with a competent immigration attorney. I only say discussed as if the issue is background checks, a WoM cannot speed that up. It's only included for informational purposes, not a suggestion to pursue.

Edited May 28, 2020 by geowrian

[Amna Anwar 3]

The worst part is all my friend who applied for fiance visas (Us citizens and finance is in Pakistan) got their visas within 9 months of applying initially.

[dwheels76 5,466]

3 hours ago, Amna Anwar said:

The worst part is all my friend who applied for fiance visas (Us citizens and finance is in Pakistan) got their visas within 9 months of applying initially.

What have you done so far since Sept 2018?

 

1. When last you emailed the embassy?
2. Have you involved your US Senator?

 

When emailing the embassy I would also ask is your petition still at the embassy? They could have very well let it expired and sent back.

[Greenbaum 12,259]

4 hours ago, Amna Anwar said:

The worst part is all my friend who applied for fiance visas (Us citizens and finance is in Pakistan) got their visas within 9 months of applying initially.

 

Can I share somethings with you that I learned long ago about this process?

    • "the man with the gold makes the rules"
    • it will take as long as it will take 
    • no one with any certainty can tell you when some process will be completed
    • Your sense of urgency will never be equaled to what USCIS, NVC or your embassy demonstrates
    • Your journey is not going to mirror someone else's experience - yours and theirs are not the same
    • They only promised you a YES or NO answer. Never an exact time that their decision would be completed
    • Lowering your expectations will make you a much more relaxed individual

Good luck on your journey 
 

[Lucky2Lucky 2,526]

Does he have a common name? Age? Travel to other countries? These are things that can affect his background check as well..

[Lexushim 105]

21 hours ago, Amna Anwar said:

Hey,

 

I applied for K1 visa for my fiance back in December of 2017. My fiance had his interview on 24th September. He was requested to submit his Facebook id, his phone numbers, addresses, and places he had worked at. We submitted all the information the next day of interview. Ever since September 24th 2018 his case is in AP. I am so frustrated I don't know what to do?

 

I am US citizen and he lives in Pakistan.

This is honestly ridiculous. I am sorry you have to go through this, but I'd suggest try now with a spouse visa as I heard they are denying fiance visas. my sister was lucky as hers was processed in Obama Administration time. I am also worried that my husband's paper may go in AP too. Why is Pakistan consulate doing this? Contact embassy, NVC, and get a senator get update on case. Good luck.

[SalishSea 17,464]

2 hours ago, Lexushim said:

Why is Pakistan consulate doing this?

Because of Pakistan's poor record-keeping and criminal vetting processes.  This is why it is one of only a few countries where US visa applicants are not required to obtain a police clearance.  The US Department of State has to do all the work that Pakistan itself should be doing.

 

Really, Pakistanis wanting US visas should complain to their own government for the delays.

Edited May 29, 2020 by Jorgedig