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Filed: K-1 Visa Country: Netherlands
Timeline
Posted
On 2/21/2023 at 8:19 PM, Benham said:

Hello my friends. I had my E2-NIW interview today. Unfortunately, it was refused for now and went into Administrative Processing under section 221g. I am 99.9% sure it's because my country of Birth. I am a Canadian citizen, but my place of birth is Iran. I have even studied in the US for 2 years, and travel there couple of times every year. Also, I work for a major US company. 

Typical interview questions (job, education, intended work in US), and then focused on my country of birth. 

Didn't ask for any additional documents for administrative processing. 

Very frustrating after waiting 2.5 years for the interview, but it's what it is. Really can't do anything about it. 

Hi! Are you still in AP? I have a somewhat similar situation now. Had my K-1 interview 2 days ago in Amsterdam, and she approved it. 3 hours later I got an email to fill out a DS5535 form and my case is in AP. I also think it’s because of my birth country Iran. I had hope because I was three years old when we left Iran. I only have the Dutch citizenship. This is honestly devastating. 

Posted
On 4/23/2023 at 6:01 PM, Coco_2023 said:

Does anybody have any idea of what the chances are for being put on the Administrative Processing after the interview if the principal applicant or their spouse is born in Middle East countries but they both are Canadian citizen?

 

Quite high, esp. at MTL. 

As for your wait time unless you are from the healthcare sector or have a medical emergency situation to expedite your case, given your DQ date, you should assume up to a year of wait time from now. MTL has stopped inviting EB2s because of retrogression. They may pick it up in a few months again but they have a lot to go to reach from Jan 2021 DQs to now.

Posted
1 hour ago, immishok said:

Quite high, esp. at MTL. 

As for your wait time unless you are from the healthcare sector or have a medical emergency situation to expedite your case, given your DQ date, you should assume up to a year of wait time from now. MTL has stopped inviting EB2s because of retrogression. They may pick it up in a few months again but they have a lot to go to reach from Jan 2021 DQs to now.

I am a bit confused why MTL has stopped inviting EB2. For Eb2 that went through PERM date of filling of perm is definitely before 15th May 2022( ROW on May bulletin). So technically all of those folks are still current. But Montreal has definitely found a way out with AP. Tons of folks are getting into AP and the time line to get out is between 3 months to more than a year. Some folks are filing WOM to get out of AP. 

Posted
2 minutes ago, TheMaverick said:

I am a bit confused why MTL has stopped inviting EB2. For Eb2 that went through PERM date of filling of perm is definitely before 15th May 2022( ROW on May bulletin). So technically all of those folks are still current. But Montreal has definitely found a way out with AP. Tons of folks are getting into AP and the time line to get out is between 3 months to more than a year. Some folks are filing WOM to get out of AP. 

My own embassy (it's no longer MTL) did the same, tons of current EB2 cases not getting invited. Probably order from above telling embassies to stop inviting until they know for sure that they have enough visas for those who already interviewed/in AP/have filed I485.

Posted
8 minutes ago, immishok said:

My own embassy (it's no longer MTL) did the same, tons of current EB2 cases not getting invited. Probably order from above telling embassies to stop inviting until they know for sure that they have enough visas for those who already interviewed/in AP/have filed I485.

Isn't this still dependent on the country of birth? it's the combination on state of chargeability and the visa category that decide the visa availability. so, if your priority date is current (for your country and visa category), in which case they have accounted for those who have interviewed/are in AP/have filed I-485, that would mean that visas are available and they can issue them/send out ILs, right?

Posted (edited)
15 minutes ago, New_123 said:

Isn't this still dependent on the country of birth? it's the combination on state of chargeability and the visa category that decide the visa availability. so, if your priority date is current (for your country and visa category), in which case they have accounted for those who have interviewed/are in AP/have filed I-485, that would mean that visas are available and they can issue them/send out ILs, right?

of course, and we are all here talking about current EB2cases, no matter the FSC and visa category, none is getting invited. From our perspective, it makes no sense, that's why I imagine there's stuff going on that we don't know about. Potentially the lack of visas is even more severe and more retrogression is expected hence why they are holding off.

Edited by immishok
Posted
5 minutes ago, immishok said:

of course, and we are all here talking about current EB2cases, no matter the FSC and visa category, none is getting invited. From our perspective, it makes no sense, that's why I imagine there's stuff going on that we don't know about. Potentially the lack of visas is even more severe and more retrogression is expected hence why they are holding off.

exactly, makes no sense. it's sad that we don't know what's going on and are back to being in the dark just when we thought things were moving ahead. 

Posted
1 hour ago, immishok said:

My own embassy (it's no longer MTL) did the same, tons of current EB2 cases not getting invited. Probably order from above telling embassies to stop inviting until they know for sure that they have enough visas for those who already interviewed/in AP/have filed I485.

Not my new embassy. I DQ there Jan 2023 and got IL for the same date with ppl who DQ only in March 2023, but looks like this embassy wanted to rush all EB2s before the new retrogression update. 

Posted
On 4/11/2023 at 9:07 AM, ACC24 said:

We crossed the land border from Toronto over the weekend to activate our EB2 immigrant visa. It was very smooth process that was completed in 30mins or less. The officer asked for sealed packages, original passports and confirmed US mailing address to received GC. He took fingerprints and photo as well during the process and we were good to go. No questions asked regarding importing our cars or the final move.

 

This almost brings us to the end of never ending EB2 Immigrant journey ( though final move for my wife and son will be pending for sometime). We couldn't thank enough for the VJ forum and support throughout the stressful process and will continue to be part of the forum. Happy to help/answer any related questions whenever possible.

 

Wishing very best for everyone still going though the process for their journey to end at the earliest possible.

 @ACC24 Thanks for sharing your experience. We are planning to do the final move later this summer after the school year is done. Is there any documents to carry other than the sealed packages, passports when this isn't the final move? Did you return back to Canada the same day after landing? Thank you!

Posted
16 hours ago, newbie75 said:

 @ACC24 Thanks for sharing your experience. We are planning to do the final move later this summer after the school year is done. Is there any documents to carry other than the sealed packages, passports when this isn't the final move? Did you return back to Canada the same day after landing? Thank you!

We did not carry any other documents other than mentioned. This was not our final move which will happen eventually :)  We returned back to Canada after 4 days in US. Hope all works out good for  you all as well!

Posted

I have a question pertaining to employment letter. So I will be working with the same company that helped me with the TN. So I am already employed with them it’s just that the immigration status changes from non immigrant to immigrant. Does it need to be a employment verification letter or is it just like the first one they provided. Please share some insight

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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