Mine field's in the K-1 Process

[Turboguy]

I think some of you know that my fiancee and I have been stuck in Administrative Review for well over 4 months now.  A/R is something I never used to hear about.  It is getting more and more common and believe me it is the pits.  Every month it seems that more and more cases are finding themselves in this predicament.   I think more and more of you will find yourself in the same boat so I would like to share a little of what I know about it.

There are 138,000 people in Administrative Review (also called Administrative Processing)   68% are there for more than 3 months and 35% are stuck in A/R for more than a year.  When you are in it there is no information available.  No one can help you, not a lawyer, not your congressman.  The congressman can not even get any information for you.

What are the risk factors that make people end up in A/R?   Since there is so little information there are no complete answers but some of the A/R seems to be directed to those with fiance(e)'s in China, Russia and the Muslim countries.  It is nearly a standard part of the visa process in places like Islamabad.  It also seems to be highly common in cases where the fiancee has done a previous K-1 visa even if she returned to her country within the 90 day period.

A/R or A/P is a hold up in the visa application process for background checks.  There are many data bases they run names though and any kind of a hit will nearly automatically put you in A/R.  A copy of your file is sent to the Department of Justice where you may clear the checks in weeks, months or years.

It can hit at one of two points.   The first is at the NVC.  After the regional center sends you your NOA-2 your file is sent to NVC.  Normally the stay there is somewhere between two days and two weeks.   If you are put into A/R there you can count on a long stay.  The A/R cases at NVC seem to be much slower than at the embassy level.

In many cases the file goes through NVC and is sent to the embassy.  Sometimes the interview is not scheduled as expected and you find out your case is being reviewed.  In other cases the interview is scheduled and after a good interview the visa just never arrives or you get a pink slip saying your case is in A/R. 

I have tried to be in contact with as many people as possible in A/R.  I hear few at the NVC level that have come out with a short stay.   I have one who did come out after 9 months with a fiancee in S.P.  I have one friend who is at 2 years and 4 months and hears that "there is a little movement on it"  Another friend has been in it for 5 years.  One of the saddest stories I heard was a guy who was in it at NVC for 2 years and 2 months when he finally got the great news that his file was on the way to the Embassy.  A few months later they had a great interview and waited, and waited and waited.  When they contacted the Embassy to find out what happened to their visa they found they had been placed back into A/R and they have now remained there for 2 months with no end in sight.  A/R or A/P after the interview seems a little shorter.  Sometimes only a matter of a few weeks, sometimes 3 months, rarely longer.  NVC is another story.

USCIS seems to be aware of the problems with the process.  I think some of the new higher fees will go towards trying to speed up the process and to making it more transparent.  It really is a bad situation.  In these days of lighting fast computers why should a background check take years?

One of the hardest parts of dealing with it is that you have no information available.  VWRW and I are heading for Grenada and Barbados and will be spending most of the summer there together.   We must be ready to drop all of our plans and start working on the visa if we happen to get fortunate enough to come out of A/R.  You have a lot of hesitation in making plans because you don't want to throw away thousands of dollars of airfare and non refundable prepaid lodging yet you want to be together.  I have managed to keep most of my hair so far but the A/R process may have me pulling out any that is left.

It is also frustrating to see others who mailed their application when you did who already have their fiancee here and are married.   We should be posting a TR about our honeymoon not information about the visa problems.  We just try to keep our chin up and make the most of it and try to be together as much as we can.  We are not jealous of those who were luckier but if there is not something rotten in Denmark there is for sure in DC.

For those who think a K-3 might be a solution to the problem we could end up back on A/R with a K-3 and if we married and abandoned our K-1 the odds are the day after we would get the notice our file was on the way to the embassy and we would have set ourselves back 7-8 months. 

Some of this is rant, some is information that may be helpful to a few (I hope none of you ever need the information).  One way or the other it is a big black bottomless pit that you don't want to be in.

[Simoni]

Sorry the process is so slow, Turbo.

But in the meantime, enjoy the Carribean...

Not a bad place to wait! 

[catzenmouse]

Sorry the process is so slow, Turbo.

I'll echo that statement as well TG.

Ken

P. S. Welcome Home!

[William3rd]

I would see what a local immigration attorney in your area has to say about the chances of a mandamus action. I doubt that any of the folks stuck in A/R have tried it.

Try a consultation before you go to see what the latest in law & motion is- before you lose that hair style

[ScottinCrimea]

I can certainly sympathize with you.  When I came back to the US I thought it would be a matter of 6-8 weeks before my wife joined me here.  Instead, due to some changes in the system and their practice of requesting one thing at a time and then putting everything on hold until they get that one item before requesting the next item, the process has dragged out.  It also doesn't help that we have to wait for mail to go back and forth between the NVC and Ukraine.  The last word we got was that they had everything they needed at the NVC as of may 23 and it was under review.  I just hope to God it doesn't get thrown into AR for some reason.  Right now, even at best it's looking like two months more before it gets sent to Kiev, the interview gets scheduled and we can make arrangements to get her here.  It's kind of disappointing because my daughter's wedding is in 5 weeks and it looks like she is going to miss that.  At that rate we're looking at 10 months from application to end, but I know at least two of those months were due to mail delays.  I can't imagine dealing with the kind of delay and uncertainty that AR would cause.

My heart goes out to you guys.  I wish I had some advice to offer but it sounds like you have already done all you can.  Maybe just sneak her over and wait for the inevitable amnesty.

[Jet]

William,
I've been hearing more and more regarding USCIS fighting back HARD when faced with a mandamus case involving background checks. They have been winning some recently based on the possible "threat to national security".

[William3rd]

They used to cave in on all of them. Some of the cases the government will win-but the more cases that are filed, the more legal people they have to allocate for it, and the faster they will attempt to resolve the issue. Judges do not like to sit around with their calendars clogged with mandamus matters.

Sitting around with a crying towel is not productive.

Go consult locally with a professional who does federal court work.

[Voyageur]

T/G,

I am truly sorry to hear about your fight against the good folks that are supposed to be working FOR you, in the Department of Homeland Security.

I really don't know what I would do in your situation, I guess I would have to seriously consider leaving the US. It must be difficult (to say the least) for both of you to be put into this situation. I wonder if your Administrative review was simply a payback for getting your Congressman involved with the first K1. I believe you got him involved, IIRC. I am afraid that there may be an element of truth in what ScottinCrimea says about sneaking her across the Mexican boarder. I can't imagine this personally, but I can see that the winds in Washington blow towards amnesty for these types of individuals.

[BC]

I would see what a local immigration attorney in your area has to say about the chances of a mandamus action. I doubt that any of the folks stuck in A/R have tried it.

I guess if I were in such a 'spot', more important than cost, I would want to know if taking such action could somehow make things even worse..  Maybe folks feel ruffling feathers will just send them back to the bottom of the pile..

[Turboguy]

Simoni, thanks for the good wishes.  I am sure we will enjoy the Caribbean but we are looking at it more as chance to live together like a married couple.   We had made a trip to Sochi and checked that out as a possible place to live but she feels she would like to be somewhere that English is the main language.  Barbados and Grenada seem like the best choices.   Jamica was another.  Since this may drag on and our long term plans if it does is to move to one of those places togeter had we picked Jamaica it makes me wonder with the strong accent they have what her English would be like after a few years.  A Russian/Jamaician accent would be a very strange combination.  

Good point BC.  With the Government it could go one way or the other.  They could always send it to the Embassy along with a note to make sure we don't get the visa and that would put us in a world of hurt.

We are going for the summer and if it is still dragging on will probably go back in Nov-Dec and my thoughts are to move there perminantly in Mid March if nothing is happening.

Ken, thanks for the nice thoughts and the welcome.  It is nice to be back and I am sure VWRW feels the same.

William, thanks for suggesting the mandamus action.  My impression of that was you can only do it when the wait has been very long, longer than ours has been yet.  I may have a secret weapon that I am not talking about.  Once I know if it did any good I will make sure you know about it one way or the other in case it might come in handy for your business.   I have never seen anyone mention it but it does hold some promise.

Jet, thanks for the comments.  That is what does scare me a bit.  I would like to get this resolved but don't want to get them to the ponit they blacklist me.   If what I am working on doesn't work then when I get back from the Caribbean I may take a hard look at the mandamus action.  Right now if I started I would be gone too soon for any follow up.

Scott, sorry to hear you are having problems too.  You are a good guy and it seems the good guys always seem to run into the snags.  Hope it works out well and quickly.

Voyager, thanks for the nice comments.  Yes I got my congressman involved last time.  This time we have a new one and he is about as usless as you can get.  I think we should throw everyone out of office and start over.  The Mexican border is starting to look tempting.

[Wayne B]

Pick your entry city in Texas, and Anna and I will pick ya'll up......We will let Anna drive   When we get pulled over....I will tell them that we have a Ukrainian 'newbie' driver.....That will set us free for the drive home   Oh...you two dye your hair blond and stay out of the sun...until we get across ......Welcome home!

[jb]

OMG~!  He's back!

The reason that your K-1 is in Admin Review is because there is a 35 year age discrepancy,,, numb- nuts. Get real for 32 microseconds and understand the mechanics of what is taking place here.  You are a 65 y.o. old man trying to get a very young girl 27 y.o. into the USA.  What could possible go wrong????  Duh????

[jb]

Sorry... Screw it~!.... If you guys want him back,,, great~!

You've lost my respect.

[Turboguy]

Sounds like the best plan I can see at the minute Wayne.  I will look for my sombraro.

Hi jb, nice to see you.  Sorry but they don't need the Department of justice to see if they care about that. 

[Muj]

Welcome back Turbo!

Sorry to read of the K-1 issues.  Always a headache whether months or years.  Your damage control plan, Barbados, Jamaca... is prudent.  Patience is a must.  Trying the Mexico plan sounds too dodgy.  I can see you're looking at the worst cases, try not to be so negative.  Don't let all the internet horror stories jade you or panic you into a poor decision.

[Turboguy]

Thanks Muj!  That is good advice for most anyone in most any situation.  The Mexico thing was a joke and it is not a route I would want to take. 

We are staying pretty cool and level headed with it.  It is disappointing to be sure.  Fortunately I have good people who work for me and I can be away from the business for long periods without much problem.  We are trying to spend as much time together as we can. 

Fortunately most of the cases do not drag on for years and years and I hope that we are lucky enough that ours will not.  The USCIS seems to be aware that the delays are too long and seems to want to try to improve that.  I hope they are able to do that quickly.   Our worst case scenario is we will find someplace we both like to try to live together.  In the meantime we will find places to live together while we wait.

[BC]

Ya gotta admit though, anyone looking at the documents - two K1's both with similar huge age differences, one right after the other, first one didn't pass the interview but later contested to success that did not survive 90 days, has to be shaking their heads wondering what is going on.. 

- Can't really blame them for that.

[Jazzyclassy]

OMG~!  He's back!

The reason that your K-1 is in Admin Review is because there is a 35 year age discrepancy,,, numb- nuts. Get real for 32 microseconds and understand the mechanics of what is taking place here.  You are a 65 y.o. old man trying to get a very young girl 27 y.o. into the USA.  What could possible go wrong????  Duh????

[Turboguy]

BC, I appreciate your comment and won't disagree that it may make them look harder but those issues are decided either between the NOA-1 and NOA-2 when the visa application is approved or not and at the Embassy level when they look at the relationship to determine if it is valid. 

We had no problems with the inital approval.  When the time comes for the interview I personally think they will have no difficulty deciding it is a real relationship becuase it is! 

The A/R is a security thing relating to 9/11 and to make sure no terrorists enter the country.   It is also to make sure there are no criminal actions on either of our parts and the names are checked agains FBI files, codus, etc   I think the security of our country is important and have no problem with any part of that except the time involved.   I see so many that are a year or more determining if the country will be safe if they are admitted.  It should not take so long.

Jazzy, glad you are amused.  I will add a few extras just to make you happy. 

[Jazzyclassy]

Oh thank you dear Turboguy it is just strange such an amount of time passed you should have been already married to WVRW

Why you can not come to her home town and marry her ???

[William3rd]

Because they would have to start over in the visa process from Day 1.

[Turboguy]

That is correct William and we could go right back into A/R with the K-3

[William3rd]

Why dont a bunch of you guys in A/R get together and bring the action? You could piggyback your short-term case on the back of their longer-term cases.

I wouldnt be that concerned about ruffled feathers in this arena-if the file had some "secret" note in it, which I highly doubt, the note also has to say that you took them to the mat over their delaying tactics. Which means you are not a wuss that they can push around.

We see a lot of asylum cases referred back by the 9th circuit to EOIR for review. Almost all of the "reviews" end up with a green card without further hearing because the judge knows that a denial will mean another round of legal action and a possible future reversal.

Up to you- I would go see someone in your area with the expertise to give you an informed opinion. Someone that actually appears in court rooms,

[Simoni]

You too, Jazzy!  Your are even more funny!    And appreciated, too...

 

[Wayne B]

Have some of us forgot about the 'Golden Rule' that we learned in preschool.....or, are some of us still stuck in preschool mentality...