DS-5535 and Administrative Processing after K1 Visa Interview. What's next?

[Boiler 45,445]

When did they file the WoM?. I am just wondering if recent developments will impact what is considered reasonable.

[Catperson_rx 43]

18 minutes ago, Boiler said:

When did they file the WoM?. I am just wondering if recent developments will impact what is considered reasonable.

It will be filed on Nov 1st. You'd think a war between Israel and the Palestinians wouldn't drag Iranian civilians into the mess. But these folks don't seem big on common sense, so they might just find a way to make it our problem. Now I'm second-guessing if I blew my money on this lawsuit. Who knows? I guess we'll find out in a few months.

[Boiler 45,445]

Probably something that will come up in January and no way of knowing now what the situation will be then.

[Niccie 12]

On 9/25/2023 at 1:23 PM, Milad BKH said:

I am iranian too. I had an interview on September 2023 for k1 visa. Unfortunately i got administrative processing. I do not know how long do i need to wait?! Already i waited for 16 months.

if your case updated or any further info, please let me know. I appreciate it.

Hi! Just wanted to let you know that after the extension, my lawsuit got dismissed. There is really nothing I can do anymore.

[Boiler 45,445]

5 minutes ago, Niccie said:

Hi! Just wanted to let you know that after the extension, my lawsuit got dismissed. There is really nothing I can do anymore.

What did your legal team say?

[Ontarkie 14,216]

Ever since this summer when the Judge declared 16 months is not too long members have been reporting their WOM being dismissed. 

[Niccie 12]

On 10/19/2023 at 5:39 PM, Boiler said:

When did they file the WoM?. I am just wondering if recent developments will impact what is considered reasonable.

Here’s my timeline:

 

26 april 2023: interview

3 may 2023: embassy received ds5535

26 july 2023: filed WOM

2 october 2023: got 30 day extension

1 november 2023: dismiss

 

wom filed in New Jersey

[Catperson_rx 43]

8 hours ago, Niccie said:

Hi! Just wanted to let you know that after the extension, my lawsuit got dismissed. There is really nothing I can do anymore.

Hello, did the judge dismiss your case after the extension or did the defense attorney file for motion to dismiss? What was their rationale for the dismissal?

Edited November 3, 2023 by Catperson_rx

[Catperson_rx 43]

7 hours ago, Ontarkie said:

Ever since this summer when the Judge declared 16 months is not too long members have been reporting their WOM being dismissed. 

16 months after filing the case or 16 months of AP? My fiance is only 6 months in AP but 27 months since we filed the 129F.

 

[Ontarkie 14,216]

9 minutes ago, Catperson_rx said:

16 months after filing the case or 16 months of AP? My fiance is only 6 months in AP but 27 months since we filed the 129F.

 

Of AP

[Niccie 12]

13 hours ago, Catperson_rx said:

Hello, did the judge dismiss your case after the extension or did the defense attorney file for motion to dismiss? What was their rationale for the dismissal?

The defense attorney filed it, but it most likely is going to get dismissed. They have been super sloppy with my case. Not even a reaction to the extension. They emailed me a 221g letter, 6 months after the interview! Two days before it got dismissed. My lawyer says it’s probably because the embassy in Amsterdam is not familiar with Iranian applicants. And according to my legal team, the AP is definitely because of me being Iranian. And they probably going to say that I filed a wom too soon. So if you are thinking about it, please don’t do it.

[Catperson_rx 43]

On 11/3/2023 at 9:47 AM, Niccie said:

The defense attorney filed it, but it most likely is going to get dismissed. They have been super sloppy with my case. Not even a reaction to the extension. They emailed me a 221g letter, 6 months after the interview! Two days before it got dismissed. My lawyer says it’s probably because the embassy in Amsterdam is not familiar with Iranian applicants. And according to my legal team, the AP is definitely because of me being Iranian. And they probably going to say that I filed a wom too soon. So if you are thinking about it, please don’t do it.

I've seen three recent cases where Iranian AP cases were cleared within a month after the dismissal of their WOM. In one other case, they were cleared after challenging the motion to dismiss, even before the judge could decide. It's a crazy unpredictable process so don't lose hope.

As for me, I have already signed a WOM contract with an attorney a few weeks ago and the lawsuit is currently in the process of being served. So it's too late for me to back out. I'm not going to let them dismiss my case without a fight and exhausting every legal option available.

[Chamin27 1]

Hi all. My fiance recently had his K1 visa interview in Montreal. We are on the MTL forum but just looking for more support. He received the ds-5535. Canadian born and raised, never lived anywhere else in his life. We never thought this would happen, made wedding and moving plans. He visited family in Israel 4 years ago and was questioned about it. Never thought we would be punished for such a thing. He has a clean record, no kids or divorce involved. The US immigration system is very discriminatory in my opinion. From what I read, many of you are experiencing the same situation. We already spoke to a lawyer who advised us to "just wait". we are devastated. Anyone have any good news on their end? 

[Layla01 1]

Hello, I've been following this thread for a while. My fiancé and I have been in Administrative Processing since June 28, 2022, so 17 months in AP limbo. My fiancé is Afghani, living in Dubai. We had our interview in Abu Dhabi May of 2022. Immigration officer passed my fiancé but it's protocol that certain nationals automatically go into AP for further vetting. Every three months I email the US embassy in Abu Dhabi to check status and I always get the same old, same old answer...to be patient and wait...there is nothing to be done. AP statues can last days, weeks, months, even years. Best of luck to all of us stuck in AP!

[Catperson_rx 43]

Hey guys, I just received this email from the Abu Dhabi Embassy! It's just saying that the visa has been denied under 221g. I already knew this since 6.5 months ago because they gave us the physical 221g refusal form at the embassy.  Does anybody know why I got this email now? I am very confused. Could it be because of the mandamus lawsuit that I recently filed? My lawyer's office hasn't gotten the confirmation that summonses have been served to all parties yet.

By the way, our case was also updated on the CEAC website.

Edited November 15, 2023 by Catperson_rx