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8basepairs

221(g) and DS5535 (IR1, interview @ Muscat) - Unique Case?

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Filed: IR-1/CR-1 Visa Country: Iran
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Hi everyone. 

 

I had my interview 3 days ago and was hit with AP. The officer said I will receive a questionnaire and my entire world shut down that moment because I knew it's the DS5535. Here's my situation: I'm an Iranian but I was born and raised in UAE. I have completed my education, my family, and my entire life is in the UAE. I have nothing to do with Iran and have nothing there. I have only visited Iran 3 times between the ages of 7 and 11 years old. At the interview, the CO asked to see my military completion or exemption card and I stated that I have neither. I also explained that I don't have the completion card because I was never conscripted into military service due to the fact that I didn't go to Iran after the age of 18, and also that I don't have the exemption card because I'm not exempt (if I visit Iran at my current age, they won't let me leave the country). The officer said "Ok" and at the end put me in AP. I received the questionnaire, and the first questions were the standard 15 years work history, addresses, travel history etc. but towards the end there were 3 questions asking which branch of military I attended, proof of military completion/exemption, and jobs I've taken up in Iran. SERIOUSLY? I had just explained those to the officer. Anyways, I wrote the same explanation in the questionnaire, but my concern is military completion/exemption. I can get neither of them even if I tried. This is really disappointing and we are very disheartened to hear "AP" after being married 5 years. My questions are as follows:

 

1) Is there anyone in the same situation above? What else can I provide other than explanations?

2) Does anyone know how long an AP will take in this case?

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Filed: Citizen (apr) Country: Russia
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I am not sure I would fret too much.  Iran is not the only country with compulsory military service.  I have a friend from South Korea who left with his family as a teenager, and avoided going back until after he aged out of the required military service.  The DS5535 is a pain, and I know it is frustrating that your already explained it to the CO, but keep in mind the 5535 documents your explanation for others to also see.  As to the length of time in AP, no one can really answer that as the times vary greatly.  All you can do is submit what was requested, and hope and pray for quick processing.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Filed: K-1 Visa Country: Wales
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I have seen quite a few similar cases, there was an Iranian born in Holland a few months back.

 

All the Iran cases I have seen have taken time.

“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.”

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Filed: IR-1/CR-1 Visa Country: Iran
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7 minutes ago, Boiler said:

I have seen quite a few similar cases, there was an Iranian born in Holland a few months back.

 

All the Iran cases I have seen have taken time.

Can you please elaborate on "similar"? Did he provide military a completion/exemption card? Did he go to Iran as an adult? What was the outcome of his case and how long did it take?

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Filed: K-1 Visa Country: Wales
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1 minute ago, 8basepairs said:

Can you please elaborate on "similar"? Did he provide military a completion/exemption card? Did he go to Iran as an adult? What was the outcome of his case and how long did it take?

I remember they did not have a card and had not gone home as an adult, did not have a current passport. 

 

It was early this year so I assume they are still in process.

“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.”

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Filed: Citizen (apr) Country: Russia
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2 hours ago, 8basepairs said:

Can you please elaborate on "similar"? Did he provide military a completion/exemption card? Did he go to Iran as an adult? What was the outcome of his case and how long did it take?

It is hard to prove a negative, but I assume you provided evidence you never entered Iran after you turned 18.  I am sure the consulate has seen this before, but they will need to verify that evidence, hopefully quickly.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Filed: Citizen (apr) Country: Russia
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Found this fairly recent thread with someone in a similar situation.  The thread does not include the outcome, but you might try PM'ing the OP to see if they worked it out as their profile is showing they are still active.

 

Good Luck!

 

 

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Filed: K-1 Visa Country: Wales
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11 minutes ago, Dashinka said:

Found this fairly recent thread with someone in a similar situation.  The thread does not include the outcome, but you might try PM'ing the OP to see if they worked it out as their profile is showing they are still active.

 

Good Luck!

 

 

Vaguely amusing I forgot about that one.

 

Mind you if was a L not Immigrant 

“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.”

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Filed: IR-1/CR-1 Visa Country: Iran
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1 hour ago, Dashinka said:

It is hard to prove a negative, but I assume you provided evidence you never entered Iran after you turned 18.  I am sure the consulate has seen this before, but they will need to verify that evidence, hopefully quickly.

 

Good Luck!

1) I've mentioned the addresses I've lived in dating back to when I was a teenager in the DS260.

2) I've submitted my tertiary transcript and job experience. (I took secondary education degrees with me but CO wasn't interested)

3) I had taken my older expired passports with stamps of my UAE residency but CO wasn't interested.

 

I'm not worried about the embassy verifying my history, however I'm not so sure that's the case. All I'm thinking about is the endless loophole of waiting after they've sent my case to Washington for SAO after I filled the DS5535. It's a terrible feeling to be penalized for something you have/had no control on. Oh God help me.

Edited by 8basepairs
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  • 5 months later...
On 10/6/2023 at 10:37 PM, 8basepairs said:

1) I've mentioned the addresses I've lived in dating back to when I was a teenager in the DS260.

2) I've submitted my tertiary transcript and job experience. (I took secondary education degrees with me but CO wasn't interested)

3) I had taken my older expired passports with stamps of my UAE residency but CO wasn't interested.

 

I'm not worried about the embassy verifying my history, however I'm not so sure that's the case. All I'm thinking about is the endless loophole of waiting after they've sent my case to Washington for SAO after I filled the DS5535. It's a terrible feeling to be penalized for something you have/had no control on. Oh God help me.

Any update on your case?

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