Post K1 Interview Passport Retention

[Andrew-Whop 1]

Hello. My fiancé is having her Embassy interview next week (29th). We ran into an issue last week with her medical where they wanted a TB sputum test done after her chest Xray showed "abnormalities". The results won't be available for 8 weeks. Reading the embassies advice on their web page, they say to continue with the interview even if the medical results aren't available. Calculating the 8 week delay from October 17th, the results should be delivered around December 12th. Adding to a potential processing delay that may occur in the holiday season, there is a high chance the visa won't be ready before the end of December. The problem is that she's booked to fly to the US to be with me over Christmas on December 18th, just for a visit. Our plan is to move her here to the US in early spring '25. We didn't see any issue occurring with the medical so we though she'd have her processed passport in time to travel. This is my question. Will the embassy at the interview keep her passport pending the medical result if everything else checks out (relationship evidence etc.) or can she keep her passport and return to the embassy when she arrives in the UK in early January for the visa to be added. I'm not sure if anyone's encountered this scenario. This has added an extra level of anxiety to what has already been a difficult experience totaling 732 days as of this writing, since we got our NOA1.

 

I appreciate any advice given.

 

Andy.

[Lemonslice 4,922]

She can always request to get her passport back and return it by courier later.  Not a rare occurrence.

[OldUser 6,981]

There's always an option of applying for second passport in order to travel while the other passport is with the embassy. This is a legitimate reason. Of course, this is if you don't need US visa to travel into the US.

There's always an option of applying for second passport in order to travel while the other passport is with the embassy. This is a legitimate reason. Of course, this is if you don't need US visa to travel into the US.

[Moda25 51]

Even if they keep her passport after the interview, she can request it back. My husband did and he received it in 2 days. 

[ineedadisplayname 501]

18 hours ago, Andrew-Whop said:

The problem is that she's booked to fly to the US to be with me over Christmas on December 18th, just for a visit. Our plan is to move her here to the US in early spring '25. We didn't see any issue occurring with the medical so we though she'd have her processed passport in time to travel.

Look at this as you dodged a bullet. (Still sucks, hopefully the test comes back clear so no further delays)

If you would have her K1 visa by Dec 18th, se would need to use it and wouldn't be able to leave the US since she would need to go through adjustment of status. Otherwise you have wasted all this time on a K1 visa that will be used as a tourist visa after all if she leaves. K1 is single entry and you can't choose between which modality to use VWP or K1 visa when the K1 is already in your passport.

[mam521 2,111]

She can just request it back.  The expectation isn't that your life is 100% on hold and technically, the passport belongs to the UK government, so it's not USCIS" to keep.  

[Andrew-Whop 1]

Thank you everyone for the informative feedback. We're going request we keep the passport post interview. They can't make a final decision anyway until the medical results are submitted. If we run into any problems, we'll provide an update to this topic.

[Andrew-Whop 1]

Update. My Fiancé had her interview today and she kept her passport. Approved pending the results of the Sputum test due in the first to second week of December. Interesting that the Visa officer told her when she travels to the US to visit over Christmas to make sure border control understands this is not her attempt to move here because their system will show her K1 application as denied with no explanation and they might think she's trying to circumvent their system by arriving under the premise of a visit when in reality it's approved just pending the medical. The anxiety continues..... 

[SalishSea 17,970]

2 hours ago, Andrew-Whop said:

Update. My Fiancé had her interview today and she kept her passport. Approved pending the results of the Sputum test due in the first to second week of December. Interesting that the Visa officer told her when she travels to the US to visit over Christmas to make sure border control understands this is not her attempt to move here because their system will show her K1 application as denied with no explanation and they might think she's trying to circumvent their system by arriving under the premise of a visit when in reality it's approved just pending the medical. The anxiety continues..... 

Have her bring evidence of all of that.  Unfortunately, she is at risk for being denied entry.

[Andrew-Whop 1]

On 10/29/2024 at 11:23 AM, SalishSea said:

Have her bring evidence of all of that.  Unfortunately, she is at risk for being denied entry.

Thanks yes. We have the formal denied paperwork. They do specify it's only because of the medical. I have checked the ESTA status (she's had 7 visits already in two years) and it's still approved so the denial hasn't been reflected in the HS system as a broad rejection. I think if she takes all relevant return evidence and copies of the embassies paperwork as well as, hopefully by the time she leaves, the negative sputum results, we'll be in good shape but you never know. This whole process has been a minefield of bureaucratical errors.