Jump to content
Desireehaj
 Share

22 posts in this topic

Recommended Posts

Desireehaj Rookie

Desireehaj   1

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Morocco
 Timeline
Posted

I have a question has anyone ever hired a lawyer or filed an appeal on an expired K-1? Or presented the consulate with a unique hardship as in the attached. 

8A86AE9A-CC14-45F3-A9E4-F2CC2C3C5E38.jpeg

Link to comment
Share on other sites
JFH Grand Master

JFH   12,190

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

There’s a difference between an expired K-1 and a 221(g). What happened? 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
Share on other sites
payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
1 hour ago, Desireehaj said:

I have a question has anyone ever hired a lawyer or filed an appeal on an expired K-1? Or presented the consulate with a unique hardship as in the attached. 

8A86AE9A-CC14-45F3-A9E4-F2CC2C3C5E38.jpeg

221g is about a refused visa and  has nothing to do with an expired visa.  Don't confuse the two

YMMV

Link to comment
Share on other sites
Boiler Grand Master

Boiler   45,516

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Maybe it was returned?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites
Greenbaum Grand Master

Greenbaum   12,259

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

I'll chime in. Have you had your interview?  :time:

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

Link to comment
Share on other sites
Desireehaj Rookie

Desireehaj   1

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Morocco
 Timeline
  • Author
Posted
9 hours ago, payxibka said:

221g is about a refused visa and  has nothing to do with an expired visa.  Don't confuse the two

He got a 221g because we have been in admin processing but now the senators office said our visa expired. We haven't got an official notice yet. 

Yes his interview was in February.

Link to comment
Share on other sites
Desireehaj Rookie

Desireehaj   1

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Morocco
 Timeline
  • Author
Posted

The unique hardship is my neurologist said I'm a ticking time bomb and he needs to be here to take care of our daughter. 

Link to comment
Share on other sites
payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
46 minutes ago, Desireehaj said:

He got a 221g because we have been in admin processing but now the senators office said our visa expired. We haven't got an official notice yet. 

Yes his interview was in February.

Correct terminology is important.   It wasn't a visa that expired but the petition. 

YMMV

Link to comment
Share on other sites
Boiler Grand Master

Boiler   45,516

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Have they sent it back to let it expire?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites
Crazy Cat Grand Master

Crazy Cat   41,855

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
2 hours ago, Desireehaj said:

He got a 221g because we have been in admin processing but now the senators office said our visa expired. We haven't got an official notice yet. 

Yes his interview was in February.

The visa was never issued....thus, it never expired.  The petition possibly  expired.  Expired K-1 petitions normally cannot be challenged. In addition, Administrative Processing can be neither expedited nor waived.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites
Greenbaum Grand Master

Greenbaum   12,259

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted (edited)
2 hours ago, Desireehaj said:

He got a 221g because we have been in admin processing but now the senators office said our visa expired. We haven't got an official notice yet. 

Yes his interview was in February.

 
 

What is the date of your NOA2 notice from USCIS? Did you have an RFE? Did you respond in a timely fashion?

Edited by Greenbaum
Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

Link to comment
Share on other sites
JeanneAdil Grand Master

JeanneAdil   6,505

Posted
Filed: Citizen (apr) Country: Morocco
 Timeline
Posted (edited)

I truly am sorry for what happened and what i am about to say

but you have been in AP while you (hopefully did the DNA for your daughter) as was asked for and because of the covid shutdown/ at this time Morocco is only doing a few new CR1 interviews and processing those In AP where there are no issues

 

the issue here being you are single and had his child 

It is illegal for men and women to have a sexual relationship if they are not married, as provided by article 490 of Morocco's penal code.

According to article 490 of the penal code, Moroccans can be jailed for having sexual relations outside marriage.

 

the best thing for you to do would be to fly to Morocco and Marry and go thru the CR1

as pushing for an approval of a K1 can force the embassy to deny for the above reasons / having a child does not qualify for a visa /actually in Morocco it is just the opposite 

 

K1 Fiance visas that are denied by USCIS can be appealed. Once denied, USCIS will provide you with a written notice of denial and instructions for filing an appeal. If you chose to file an appeal, you will have 30 days to do so. ... The filing fee for an appeal is more than the filing fee for the original application.Mar 9, 2016

 

but you are saying you don't even have the paperwork to say this is denied so in essence , you are in limbo

 

If you do an appeal of the K1,  it can take as long as getting married and applying for the CR1 

 

Sorry for the edit but i should have said i did an appeal for denial of our 1st CR1 /  it took over a year and our marriage was declared bona fida but the court papers said to reapply 

 

Edited by JeanneAdil
Link to comment
Share on other sites
Boiler Grand Master

Boiler   45,516

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

K1's are however normally just left to die.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites
payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
15 minutes ago, JeanneAdil said:

I truly am sorry for what happened and what i am about to say

but you have been in AP while you (hopefully did the DNA for your daughter) as was asked for and because of the covid shutdown/ at this time Morocco is only doing a few new CR1 interviews and processing those In AP where there are no issues

 

the issue here being you are single and had his child 

It is illegal for men and women to have a sexual relationship if they are not married, as provided by article 490 of Morocco's penal code.

According to article 490 of the penal code, Moroccans can be jailed for having sexual relations outside marriage.

 

the best thing for you to do would be to fly to Morocco and Marry and go thru the CR1

as pushing for an approval of a K1 can force the embassy to deny for the above reasons / having a child does not qualify for a visa /actually in Morocco it is just the opposite 

 

K1 Fiance visas that are denied by USCIS can be appealed. Once denied, USCIS will provide you with a written notice of denial and instructions for filing an appeal. If you chose to file an appeal, you will have 30 days to do so. ... The filing fee for an appeal is more than the filing fee for the original application.Mar 9, 2016

 

but you are saying you don't even have the paperwork to say this is denied so in essence , you are in limbo

 

If you do an appeal of the K1,  it can take as long as getting married and applying for the CR1 

 

I'd be curious to know the source of your information because the USCIS doesn't deny k1 visas

YMMV

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...