Administration process help

[Desireehaj 1]

My fiancé and I filed for the K-1 visa May of last year. Our daughter was born in July. He had his interview in February and they said he was not approved or denied. They told him to expect a DNA test. With Covid, I expected delays. Our daughter is about to turn one and we just want our family together. We are thinking of hiring a lawyer or just to wait. Any advice would be appreciated! 

[geowrian 22,338]

What exactly do you believe hiring a lawyer will do?

 

First issue is routine visa services are suspended worldwide. While that is ongoing, don't expect progress except in emergency cases.

There have been a few people who have had progress, but it is very few and far between. Staff is very limited.

 

Second issue is that AP cannot be expedited. If the case is pending background checks or similar, those must complete first.

Technical a WoM can be filed to compel an answer, but that would only be granted if one can show that they are delaying the case on purpose. If it's due to them awaiting a result or something, that would not go anywhere.

Again, given the current COVID situation, staff is severely limited. That alone is a valid basis to dismiss a WoM case.

 

WoM cases are typically file for people that have been waiting in AP an "excessive" time...often over a year pre-COVID. Four months for Morocco is not outside the norm for many situations.

Edited June 29, 2020 by geowrian

[Desireehaj 1]

How long should I wait? I was told by someone if my visa got sent back to the US, it probably expired. I know they did tell him they needed to do investigations. Thanks for all your advice. 

[Boiler 46,287]

A K1 can be returned that is true and would be allowed to expire, obviously depends on the totality of the circumstances, they obviously have their doubts.

[geowrian 22,338]

21 minutes ago, Desireehaj said:

How long should I wait? I was told by someone if my visa got sent back to the US, it probably expired. I know they did tell him they needed to do investigations. Thanks for all your advice. 

If the case is still in AP, then it's just more waiting. I can't saw how long it will take, sorry. But until the consulates resume routine services, there is really nothing they can do either.

 

If the petition is sent back to the US, it will be returned to expire. USCIS will not review it, per policy.

[SalishSea 18,225]

4 hours ago, Desireehaj said:

How long should I wait? I was told by someone if my visa got sent back to the US, it probably expired. I know they did tell him they needed to do investigations. Thanks for all your advice. 

Since so many K-1s are denied at Casablanca, many couples end up getting married and doing a CR-1.  The same issues with AP remain, however.  

 

Can you and your daughter move to Morocco?

[JeanneAdil 6,702]

8 hours ago, Jorgedig said:

Since so many K-1s are denied at Casablanca, many couples end up getting married and doing a CR-1.  The same issues with AP remain, however.  

 

Can you and your daughter move to Morocco?

not advised

as the man has broken the law that follows which is being fought against but still stands

You did not say if they keep his passport / if they did, that is a good sign 

but AP for some have lasted almost a year

 

According to article 490 of the penal code, Moroccans can be jailed for having sexual relations outside marriage. This is based on Islamic law, which bans unmarried people from engaging in sexual activity. ... "Society forces people to respect laws and not the individual," he says.Aug 9, 2012

 

 

Under the current Penal Code article, Moroccans can be jailed up to one year for having sexual relations outside marriage, especially if neighbors file a lawsuit against an unmarried couple. However, the couple is only arrested if the suspects confess or are “red-handed” by authorities during the sexual act.  That is taken directly from the news media in Morocco

 

I would think showing up with a daughter would be caught red handed

 

The US embassy is not concerned with having a child out of wedlock but going back there with  a Moroccan's man child in tow would raise the ire of many who are faithful / the USC would not be arrested but still she doesn't want husband to go thru any of this.  and she does not want to take the chance (any chance) that a neighbor would report him and he would then have an arrest on his criminal report

 

any USC going to Morocco  should research the country's culture and laws 

 

You did not say if they keep his passport / if they did, that is a good sign 

 In your favor:  you are of child bearing age  not in your favor :  difference of religion as you did  not know muslim laws

 

but AP for some have lasted almost a year sometimes more.   Derik (USC but born in Morocco) married and did a CR1 / wife interviewed December 2018 and finally got her visa November 2019

Good luck to you

 

 

 

[Boiler 46,287]

4 hours ago, JeanneAdil said:

not advised

as the man has broken the law that follows which is being fought against but still stands

You did not say if they keep his passport / if they did, that is a good sign 

but AP for some have lasted almost a year

 

According to article 490 of the penal code, Moroccans can be jailed for having sexual relations outside marriage. This is based on Islamic law, which bans unmarried people from engaging in sexual activity. ... "Society forces people to respect laws and not the individual," he says.Aug 9, 2012

 

 

Under the current Penal Code article, Moroccans can be jailed up to one year for having sexual relations outside marriage, especially if neighbors file a lawsuit against an unmarried couple. However, the couple is only arrested if the suspects confess or are “red-handed” by authorities during the sexual act.  That is taken directly from the news media in Morocco

 

I would think showing up with a daughter would be caught red handed

 

The US embassy is not concerned with having a child out of wedlock but going back there with  a Moroccan's man child in tow would raise the ire of many who are faithful / the USC would not be arrested but still she doesn't want husband to go thru any of this.  and she does not want to take the chance (any chance) that a neighbor would report him and he would then have an arrest on his criminal report

 

any USC going to Morocco  should research the country's culture and laws 

 

You did not say if they keep his passport / if they did, that is a good sign 

 In your favor:  you are of child bearing age  not in your favor :  difference of religion as you did  not know muslim laws

 

but AP for some have lasted almost a year sometimes more.   Derik (USC but born in Morocco) married and did a CR1 / wife interviewed December 2018 and finally got her visa November 2019

Good luck to you

 

 

 

Thanks, I wondered about this.

[JeanneAdil 6,702]

9 hours ago, Boiler said:

Thanks, I wondered about this.

Yes,  the law still stands 

if both man and woman were Moroccan and a complaint is lodged,  both are arrested (and it still happens)

If one woman is a foreigner,  only the Moroccan man is arrested

If the man is the foreigner,  the family can claim woman did not consent and ?????

 

and child support is really messed up 

can't be enforced from outside Morocco and hard to get it if the man is in jail 

[Jennifer0220 31]

On 6/29/2020 at 10:59 AM, JeanneAdil said:

not advised

as the man has broken the law that follows which is being fought against but still stands

You did not say if they keep his passport / if they did, that is a good sign 

but AP for some have lasted almost a year

 

According to article 490 of the penal code, Moroccans can be jailed for having sexual relations outside marriage. This is based on Islamic law, which bans unmarried people from engaging in sexual activity. ... "Society forces people to respect laws and not the individual," he says.Aug 9, 2012

 

 

Under the current Penal Code article, Moroccans can be jailed up to one year for having sexual relations outside marriage, especially if neighbors file a lawsuit against an unmarried couple. However, the couple is only arrested if the suspects confess or are “red-handed” by authorities during the sexual act.  That is taken directly from the news media in Morocco

 

I would think showing up with a daughter would be caught red handed

 

The US embassy is not concerned with having a child out of wedlock but going back there with  a Moroccan's man child in tow would raise the ire of many who are faithful / the USC would not be arrested but still she doesn't want husband to go thru any of this.  and she does not want to take the chance (any chance) that a neighbor would report him and he would then have an arrest on his criminal report

 

any USC going to Morocco  should research the country's culture and laws 

 

You did not say if they keep his passport / if they did, that is a good sign 

 In your favor:  you are of child bearing age  not in your favor :  difference of religion as you did  not know muslim laws

 

but AP for some have lasted almost a year sometimes more.   Derik (USC but born in Morocco) married and did a CR1 / wife interviewed December 2018 and finally got her visa November 2019

Good luck to you

I am in a similar situation as the OP.  My fiancé is in Morocco and our daughter was born in May.  If her fiancé has to take a DNA test, how would she avoid taking her baby to Morocco?  

 

 

 

[HRQX 4,145]

2 hours ago, Jennifer0220 said:

I am in a similar situation as the OP.  My fiancé is in Morocco and our daughter was born in May.  If her fiancé has to take a DNA test, how would she avoid taking her baby to Morocco?

The baby will visit a lab in the US that is accredited by AABB. The fiance will go to the Embassy for a DNA collection appointment. https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/dna-relationship-testing-procedures.html

[Jennifer0220 31]

4 minutes ago, HRQX said:

The baby will visit a lab in the US that is accredited by AABB. The fiance will go to the Embassy for a DNA collection appointment. https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/dna-relationship-testing-procedures.html

Oh. Ok. I was curious how that worked