Wife's case stuck in AP for more than a year

[jr283447 0]

Hi - My wife is a Pakistani citizen and we had our interview back on Thursday May 2nd of last year at the Islamabad embassy. The consular officer literally said "Everything looks good" but asked us to provide a NADRA certified marriage certificate and so the visa was "refused" under 221(g). The refusal form given to us stated that we must mail the document to the embassy. However, I asked the consular officer if I could upload the document on the CEAC website instead. The officer replied 'Yes, you can" and so I uploaded the document on the following Monday.

 

More than 8 months later the case was still stuck in AP. Finally, I decided to mail the document as well. So by January 21st, 2020, the embassy had received the required document. Yet all this time later, it's still stuck in AP.

 

I know that due to the pandemic all embassies have been closed. However,  I recently made an inquiry on late May just to see if anyone would reply from the embassy and I heard back from them. I was told that they've received my document and it's still under AP. So does anyone have a case similar to mine? Any suggestions if I should involve a lawyer? Any suggestions or even just encouragement will be appreciated. Thanks.

Edited June 12, 2020 by jr283447

[pushbrk 13,187]

5 minutes ago, jr283447 said:

Hi - My wife is a Pakistani citizen and we had our interview back on Thursday May 2nd of last year at the Islamabad embassy. The consular officer literally said "Everything looks good" but asked us to provide a NADRA certified marriage certificate and so the visa was "refused" under 221(g). The refusal form given to us stated that we must mail the document to the embassy. However, I asked the consular officer if I could upload the document on the CEAC website instead. The officer replied 'Yes, you can" and so I uploaded the document on the following Monday.

 

More than 8 months later the case was still stuck in AP. Finally, I decided to mail the document as well. So by January 21st, 2020, the embassy had received the required document. Yet all this time later, it's still stuck in AP.

 

I know that due to the pandemic all embassies have been closed. However,  I recently made an inquiry on late May just to see if anyone would reply from the embassy and I heard back from them. I was told that they've received my document and it's still under AP. So does anyone have a case similar to mine? Any suggestions if I should involve a lawyer? Any suggestions or even just encouragement will be appreciated. Thanks.

Did they specifically say the document was in AP, or that the case was in AP?  I suspect the "case" is in AP.  AP for Pakistan is about more than reviewing a document.

[Quarknase 1,072]

I read in many groups here that AP taking months or years for cases in Pakistan is not a rare occasion. Have you checked regional forums here?

[Lucky2Lucky 2,526]

It is very possible your spouse is going through a background check which can be quite lengthy for those from Pakistan. 
sorry you have been waiting for SO long- it is disheartening when people here try to demand an interview After a few months citing silly reasons and yet there some who patiently wait years.

[jr283447 0]

9 hours ago, pushbrk said:

Did they specifically say the document was in AP, or that the case was in AP?  I suspect the "case" is in AP.  AP for Pakistan is about more than reviewing a document.

Yes, I should clarify that the consular officer said there would be a background check in addition to the document requirement. So I suppose the "case" is in AP.

 

8 hours ago, Quarknase said:

I read in many groups here that AP taking months or years for cases in Pakistan is not a rare occasion. Have you checked regional forums here?

I have checked and nothing stood out. The odd part is that my older brother is married to my wife's older cousin in 2013 and everything went smoothly for them. No AP whatsoever.

 

5 hours ago, Luckycuds said:

It is very possible your spouse is going through a background check which can be quite lengthy for those from Pakistan. 
sorry you have been waiting for SO long- it is disheartening when people here try to demand an interview After a few months citing silly reasons and yet there some who patiently wait years.

Even if there is a background check, it's very frustrating. You have one of the most powerful countries in the world, if not the most. It can't possibly take them too long to do a background check on a person. Especially when someone from their family has already gone through the process. Do you have any idea what's the average time for a background check for cases in Pakistan?

[Lil bear 4,355]

1 minute ago, jr283447 said:

Yes, I should clarify that the consular officer said there would be a background check in addition to the document requirement. So I suppose the "case" is in AP.

 

I have checked and nothing stood out. The odd part is that my older brother is married to my wife's older cousin in 2013 and everything went smoothly for them. No AP whatsoever.

 

Even if there is a background check, it's very frustrating. You have one of the most powerful countries in the world, if not the most. It can't possibly take them too long to do a background check on a person. Especially when someone from their family has already gone through the process. Do you have any idea what's the average time for a background check for cases in Pakistan?

Unfortunately the “ average” time is “ as long as it takes”. Each case is different. But yes,  there are longer delays for beneficiaries from some countries .. there are total bans  for other countries. It is a reflection on the current geo-political situation unfortunately. 

[Just Paul 4,595]

1 hour ago, jr283447 said:

You have one of the most powerful countries in the world, if not the most.

Where are you from/ living?   Doesn't sound like it is the same country as all of us petitioners.

1 hour ago, jr283447 said:

Do you have any idea what's the average time for a background check for cases in Pakistan?

It can take 18 months, 3 years?  Check out the regional forum.    Few countries accept Pakistani Police Certificates.   It is easy to get fake documents there.  I know someone that got an official birth certificate for a non existent child very cheap to prove how easy and rampant that was.  Pakistan has the the 7th lowest passport ranking.  Palestine, Iran, Iraq, Yemen, Somali, Afghanistan and Syria passports are lower. And those countries require a visa to be issued for Pakistanis prior to arrival.   For a Pakistani Passport only 34 countries are visa free or visa on arrival.

 

It isn't a US issue; it is a Pakistan issue.

[SalishSea 18,225]

14 hours ago, jr283447 said:

Any suggestions if I should involve a lawyer? A

Lawyers cannot influence or speed up AP/background checks in any way.  They cannot influence decisions on visa applications.

[SalishSea 18,225]

4 hours ago, jr283447 said:

You have one of the most powerful countries in the world, if not the most. It can't possibly take them too long to do a background check on a person. Especially when someone from their family has already gone through the process. Do you have any idea what's the average time for a background check for cases in Pakistan?

It is not on the US that it takes so long for your particular country.  Maybe you can contact Pakistani equivalents of congressional representatives and let them know how you feel about the lack of good document recording and criminal record-keeping.

[pushbrk 13,187]

This "most powerful country" still must do the background checks on the ground, the old fashioned way, in Pakistan, because that is the only way to get reliable information.  For other countries, available databases are reliable.  Not for Pakistan.  This database reliability (lack of) is not exclusive to Pakistan but the logistics of the "ground work" are.

[geowrian 22,338]

4 hours ago, Paul & Mary said:

It is easy to get fake documents there.

Yup, although it's also about the accuracy of the documents even if they aren't fake. The USG states that one could legitimately request a document from one authority and get different results than another. So even if it's not fake, it's just not reliable.

[JFH 12,191]

6 hours ago, jr283447 said:

 

 

It can't possibly take them too long to do a background check on a person. Especially when someone from their family has already gone through the process.

Having a relative go through the process has no influence whatsoever on the case. Someone could be the sister of a serial killer and be approved with no issues. Doesn’t mean the brother would be approved. 

[SalishSea 18,225]

Legal polygamy and 1st cousin marriages in Pakistan further complicates family-based visas.

[GP1977 288]

5 hours ago, Jorgedig said:

Lawyers cannot influence or speed up AP/background checks in any way.  They cannot influence decisions on visa applications.

It is true that lawyers cannot influence decisions on visa applications or background checks in any way.  However, they can 100% absolutely can speed up the AP process if the case has been stuck in AP for an extended period of time by filing a Writ of Mandamus.  Jim hacking is one attorney who has successfully filed many of these.  A WOM does not guarantee a favorable outcome, but if the WOM is granted the judge will force the state department to issue a decision on a case.  It gets UCIS or the state department moving instead of leaving the case on the shelf and using "we are waiting on background checks excuse".  He has had alot of success with these writs on cases that have been in AP for over 1 year.   Check it out.

 

[geowrian 22,338]

A WoM right now would be especially useless. Routine visa processing is suspended. If there are background checks being conducted or need to be conducted, those are likely delayed as well.
All DOS would have to say is there is reduced staff + health concerns and worldwide delays due to the pandemic.

If one were to even consider trying that path, at least wait until routine visa services have resumed.