IR5 - One Parent Visa is being delayed

[SalishSea 17,970]

31 minutes ago, Boiler said:

I have seen this before, not sure why it happens.

Interesting, I couldn’t remember a case like this.   But, maybe more often than not, the two want to immigrate together so they wait for both visas to be issued, and it isn’t necessarily posted on VJ.

[Remix 1]

7 minutes ago, Jorgedig said:

 Did they give him a form 5535 questionnaire?

Yes, the officer during the interview gave him a list of questions to provide answers. It wasn't in a formal Form 5535, but a list of questions appear to be the same as on the Form 5535. The parents understood that the Embassy wanted the same info for my dad and mom, but as i explained, it appears the info was needed only for my dad. 

[Boiler 45,733]

34 minutes ago, Jorgedig said:

Interesting, I couldn’t remember a case like this.   But, maybe more often than not, the two want to immigrate together so they wait for both visas to be issued, and it isn’t necessarily posted on VJ.

I remember one which was sort of like this and pretty sure there was another similar.

[throwitaway 190]

I think the confusion comes from thinking that because your mom wasn’t asked for additional documents or 5535, that she isn’t in some form of AP. Evidently she is, although it’s nowhere near Dad’s extreme vetting. Hers will likely resolve sooner.

[Kanja 202]

7 hours ago, throwitaway said:

I think the confusion comes from thinking that because your mom wasn’t asked for additional documents or 5535, that she isn’t in some form of AP. Evidently she is, although it’s nowhere near Dad’s extreme vetting. Hers will likely resolve sooner.

Is that just her thinking? It seems from post she was explicitly told that she wasn’t?

[milimelo 4,508]

A son of a friend of ours had this - the rest of the family was good to go but he was in admin processing. Family of course opted to wait until AP was over for everyone to get their visas - took a bit over 3,5 months. They're all in the US now. 

[throwitaway 190]

34 minutes ago, Kanja said:

Is that just her thinking? It seems from post she was explicitly told that she wasn’t?

Consulate officers explicitly tell you that you’re approved at interview and then throw you into 221g AP for months. Happens all the time. What you’re told is meaningless compared to your actual visa status - and in this case I imagine they’re both refused. 

 

Edited January 13, 2023 by throwitaway

[Remix 1]

1 hour ago, milimelo said:

A son of a friend of ours had this - the rest of the family was good to go but he was in admin processing. Family of course opted to wait until AP was over for everyone to get their visas - took a bit over 3,5 months. They're all in the US now. 

Thanks. How did the family opt to wait? Did the officer asked them whether they wanted to wait or be issued visas separately?

[mam521 2,111]

@BatmanFlow has dealt with this with one of their parents.  Seemingly no red flags, but a lot of red tape to get to the end...

[milimelo 4,508]

10 minutes ago, Remix said:

Thanks. How did the family opt to wait? Did the officer asked them whether they wanted to wait or be issued visas separately?

Yes, they said they all want to be issued at the same time.

[Remix 1]

Just now, milimelo said:

Yes, they said they all want to be issued at the same time.

Interesting. They said at the interview or later?

In our case, my mom wasn't given that choice. The Embassy said they won't issue her a visa until AP is complete for my dad's application. 

[Remix 1]

10 minutes ago, mam521 said:

has dealt with this with one of their parents.  Seemingly no red flags, but a lot of red tape to get to the end...

Can I ask how long it took for AP to complete?

[Chancy 6,242]

*** Moved from NVC forum to Waivers/AP forum -- OP's parents' cases are in AP, not an NVC issue ***

 

[mam521 2,111]

4 minutes ago, Remix said:

Can I ask how long it took for AP to complete?

They will have to speak to that, but I believe they ended up filing a mandamus suit to get things moving.  Now, they were in Montreal and Montreal has a reputation for handing out extended AP and the DS-5535 like candy on Hallowe'en.

 

There's a thread, here: 

  

[BatmanFlow 481]

17 hours ago, Remix said:

Hi!

 

I was wondering if anyone faced with a similar situation. 

 

I am a sponsor for IR5 visas for both my parents. The petitions were approved. The interviews were conducted at the US Embassy in Warsaw, Poland. The interview went fine; however, the officer requested additional information. We sent everything requested in the next two days. Initially, my parents understood that both their application are subject to administrative review. However, after submitting all the information, we've learned that only my dad's application is. Although my mother's application requires no additional information or  documents, the consular officer refuses to grant her a visa until my dad's administrative proceeding is complete. 

 

I find it a little odd (perhaps, not proper?) given that we submitted separate petitions, applications, fees, AOS etc. Why would my mother's visa has be withheld because of my dad's admin review if both of them are independent applicants? Curious if anything has any insight. We've been trying to expedite their visas for many months, and having another delay is just beyond frustration. I have a newborn at home and need to undergo a medical procedure asap, and having at least one of my parents around helping with the baby will be a huge help. I tried to write to them, but the US Embassy in Warsaw refuses to grant my mom's visa until my dad's admin review is complete. 

 

 

The same thing happened with my parents at Montreal embassy October 2021. My dad was approved. Mom didn’t get approved. She got a DS 5535 form and was in AP for 14 months. 
my dad actually had to immigrate to US without her since his visa has expiry date of march 2021. 
 

it was such a hellish process, sorry to hear it’s happening with your parents