K-1 Visa Request for Additional Information Warsaw (Ukrainian)

[Growler11 1]

My Ukrainian fiancee had her visa interview at the US Embassy in Warsaw in March 2024 and the officer requested that she email them additional information before approving the visa. We compiled a comprehensive collection of all of the evidence requested and sent it to the email they gave her and they confirmed that they received it. Our case is currently still under section 221(g) "refusal" status and we have heard nothing since then.

On the Warsaw embassy website it says to wait 60 days before inquiring about cases that require additional processing. It has currently been 235 days. We went from expecting an answer within a few months to not knowing if we would have an answer within the next few years even. This is an absolutely agonizing anxiety to be placed on a relationship especially considering that I cannot visit often due to the nature of my job. The only information we can get from them is that they refuse to give us even a rough estimate of processing time and that they'll let us know eventually.

 

Since we don't know if the visa will be processed in the next couple months or the next few years, we are also deliberating on whether or not we should just get married abroad in order to apply for a marriage visa. But also I am worried about the case in which we get married and then a month later the K-1 is finally approved but then it is no longer valid since we are married at that point. 

 

Have any other Ukrainians on here applied for K-1 visas through the Warsaw embassy recently? If so, were you requested to submit additional information and if yes, how long did it take before they finished the processing? 

Also in your opinion, would it make any sense to get married and try and apply for a marriage visa right now?

[Edward and Jaycel 157]

I'm so sorry that you both have to endure this... Without revealing anything too personal, can you give the forum an idea of the additional evidence that was requested? That might help inform some opinions on what may be behind the delay and any avenues you may be able to pursue.

[Growler11 1]

Sure thing,

 

Additional information they requested was:

 

Travel history over the last 15 years and source of funding

Names and dates of birth of siblings, children, partners if applicable

Addresses of residencies over last 15 years

Phone numbers/email addresses over last 5 years

Any prior passport numbers

Prior occupations and employers over past 15 years

Any public facing social media platforms and usernames used over the last 5 years

Joint trips taken together

Petitioner's (my) CV and Resume

 

It was a lot of info since she travels a lot for work but we were very thorough and some of it was repeat info from the first part of the application process.

[Edward and Jaycel 157]

That sounds like all the questions on a DS-5535... is that what you guys had to fill out or did they just give you the list of questions?

[Growler11 1]

It was not a DS-5535, they just gave us a paper with that list and said to compile the info in a word doc and email it to them. Honestly didn't even know what a DS-5535 was until now

[Edward and Jaycel 157]

Well since they issued you basically all the questions from a DS-5535, everything I've seen about those is that they recommend that you do not inquire about your case until 180 days after you submit the response.

"How long does DS 5535 take to process?

In some cases, it may take several weeks or even months to complete. However, applicants are advised to refrain from inquiring about the status of administrative processing until at least 180 days have passed from the date of the interview or submission of supplemental documents, whichever is later."

[Edward and Jaycel 157]

Also found this...

How long does DS 5535 take to process? DS5535 processing can take between 2 weeks to 8+ months. It's a black hole due to the security checks that are sent to various US agencies to verify your profile. Until a positive response is received from each agency, the US embassy will not issue you the visa.

[Growler11 1]

Got it, thank you for the info. Do you think they would do this kind of security check regardless if we did a marriage visa?

[Edward and Jaycel 157]

15 minutes ago, Growler11 said:

Got it, thank you for the info. Do you think they would do this kind of security check regardless if we did a marriage visa?

 

Yes... that's a security check that they will do for any visa application

 

[TBoneTX 45,266]

If you get no answer from the consulate, involve your U.S. Congressman's office.  Their "immigration liaison" should be able to pry a status update loose.

[rikko 84]

Hey, I have a Russian fiancé and have been in AP for 16+ months now. I am currently trying to get a congressional inquiry going. Remember to ask for the US Department of State for your inquiry, my representatives seem to keep asking the embassy what's going on (cases like ours are investigated by the US Department of State). 

There was a spreadsheet of non-immigrant APs on forum vinskogo I saw and it seems like they're working through the July 2023 interview APs right now, so hopefully my fiancé's case is approved/looked at soon. 

You may also want to consider a writ of mandamus down the line before abandoning the application but it may not give the decision you are hoping for.

[Growler11 1]

Oh man, that is brutal that is such a long time to be in the dark. Are you using the Warsaw embassy? 

22 minutes ago, rikko said:

Remember to ask for the US Department of State for your inquiry, my representatives seem to keep asking the embassy what's going on (cases like ours are investigated by the US Department of State). 

 

Where do you find the contact information for reaching out to the Department of State or representatives for something like this?

[TBoneTX 45,266]

25 minutes ago, Growler11 said:

Where do you find the contact information for reaching out to the Department of State or representatives for something like this?

Search "find my Congressman" and you'll get choices of links, where you'll be asked for your ZIP Code.  Then, search for your Congressman's name and go to that official website (ending in .gov).  There will be a simple release-form for you to complete, giving that office permission to inquire on your behalf.

[rikko 84]

5 hours ago, Growler11 said:

Oh man, that is brutal that is such a long time to be in the dark. Are you using the Warsaw embassy? 

 

Where do you find the contact information for reaching out to the Department of State or representatives for something like this?

We couldn't legally get to Warsaw and transferred to the US Embassy of Jerusalem. How to find your representative is as TBone said.

I have been emailing the embassy every month or so for status updates so I have a record of my own attempts at contact, this can help build a case when asking for a congressional inquiry, but at the same time, I wasn't asked for this and my congressmen seem to not be reading my emails/responses.

Also, do not open multiple congressional inquiries all at once, apparently it slows things down and can lead to the congressmen not doing anything because they assume the other is. One at a time. 

[Growler11 1]

Okay got it, thank you both very much for the advice, I'll give it a try!