Administrative Review

[Downsouth]

Hello all. My fiancee (Ukrainian) found this site and turned me onto it. Been reading it for a couple of days now and first want to say, "man, sure glad this place exists." Just reading about some of the things we have dealt with though other peoples experiences is calming.

But I do have a specific question: We are at the end of the visa process...or thought we were at least. She went to her embassy (USA) interview just short of two months ago. It seemed everything went as smooth as silk, but then our case was placed under "Administrative Review." We are being assured this is not uncommon by the embassy support staff (even though their website states the visa is usually issued in a matter of days) and the DOS Visa service. Can anyone give me any info/advice on how long we should expect this review to take? Thanks much.

[Wayne B]

Downsouth, as a rule it usually takes one week to receive a visa from Kiev......is this the first time for the two of you to file a k-1?

[Wayne B]

Sorry, it usually takes one week without being placed in A.R.  Give us details about her interview and any information that you know of....that may have put your case in AR.  William 3rd, will then be able to give you advise.....ok.... keep your head up....all will be well

[BC]

Just a 'shot in the dark'..

Did they keep or return her passport?

[William3rd]

As a rule, they keep the passport while the case is in A/R since at the conclusion, they plan on issuing a visa.

[Downsouth]

This is the first k1 app for either of us. Sailed through the NVC got to Kiev quickly. A couple of things I can think of.

My fiancee is a licensed attorney and the head of the legal department for a multinational company in Kiev. We were actually approved at the NVC level about a year ago, but postponed scheduling the embassy interview as she had two major cases that she needed to stay on board for. Once those were settled she scheduled the interview and it went smooth. The consular did ask her why so much time between but was apparently satisfied with the answer.

She has an original birth certificate and a duplicate that was made several years later when the original was thought to be lost. They differ by one letter Natalia versus Nataliia. She used the duplicate when she applied for her foreign passport (the original being lost at this time) but took the original to the embassy interview. They are still holding her passport; so we have not been rejected.

My ex-wife is Iranian: we met in high school. However, she came on a student visa which I was not involved in. We were married 11 years during which she did obtain a green card and eventually citizenship. We have been divorced for 15 years.

Natalia has never been married before and has no children, she has a good job, owns an apartment, and has no reason to come to the US other than to marry me. Neither of us are felons and live upright citizen lives. I understand that some of this may not be relevant; but I'm just trying to put out as much info as I can think of.

But the true question is from A/R at the embassy level; being realistic, how long should we expect to wait for the visa to be issued. It has been seven weeks.

Thanks to all who responded!

[Turboguy]

There is so much variation in the times to process A/R that there is little to go on to project an idea of the time involved.  A/R is usually faster at the Embassy level than at NVC.  There are 138,000 people in it so you are not alone. 

Most Embassy A/R's are three months or less but they can drag on for years.   I am also in A/R at NVC for over 4 months now with no end in site and have a thread going about it.   

I can understand your frustration from first hand experience.  I hope it ends soon and please let us know when it does.

[BC]

I think what is missing in US laws is a deadline.  Here if a predetermined number of days (don't remember how many) has passed without approval the beneficiary can receive a visa by presenting the receipt provided when submitting the request.

The 'black hole' being described here is indeed intolerable.

[Turboguy]

I agree BC.  If I ran the government they would have 120 days to complete it or place it in advanced A/R.  If it was not completed or placed in advanced A/R it would be automatically approved.  Advanced AR would be for cases where there was evidence of something serous and anyone in Advanced AR would get a monthy update and an estimated completion date.

When someone is in A/R for a few months that is disappointing but it is not the end of the world.  The people I see who have absolutely nothing in their background to cause concern yet spend one year, two years or even five years with their life on hold is really a terrible situation.  There is no excuse for it.

[downsouth girl]

Hello All

I'm downsouth's fiancee. Happy to inform you that we have received visa today/
But it was quite frustrating to find yourself in such indefinite situation.

I completely agree with guys who told that it's necessary to determine a deadline for such procedures. 

Obama's Senator submitted to the Congress the draft of the Law in order to limit the timeframe (90 days) of the FBI name check and background check for green cards applicants. Now some people  are waiting years  for their first greencard and it's quite stressful for them and their families.

You can read the draft here
http://groups.yahoo.com/group/namechecktracker/files/ -  file name citizenship promotion act.pdf),

and support this draft here (by your on-line signature) http://www.petitiononline.com/nc082505/petition.html
10 000 signatures are required.

Good lack!

[William3rd]

READ before you sign that. It states it is being signed by pending immigrants. Most of us are not in that category. Pending immigrants do not vote and thus, this petition carries little weight.

You are better served by direct contact with your elected representatives.

However, if it is to be part of the overall immigration bill currently being considered, the entire bill should be opposed as it is an amnesty bill