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DV 2016 Administrative Processing Cases

FYI - contacted some immigration lawyers and was told that "immigrant" refers to immigrant and K and V refers to non immigrant (I-601 application) and as per the instruction from consulate yes the I-601 is what I should do. Confirmed that with 2 different lawyers. Lawyers are pleading with the consulate that my "crime" as per I-601 description should be automatically waved but I do believe that they will come back and advise to do I-601 anyways in which case I do not have enough time. Anyhow - will keep this forum informed.
A visa applicant can request a waiver if a U.S. citizen or lawful permanent resident residing in the U.S. is also the applicant’s:
  1. spouse
  2. parent, or
  3. fiancé(e).
The most important thing to realize is that claiming extreme hardship to the immigrant after a denial gets you nowhere - the only available waivers involve proving extreme hardship to a U.S. family member, not the immigrant. The waiver of inadmissibility is intended to protect certain U.S. citizens and lawful permanent residents (green card holders) from experiencing extreme hardship as a result of their foreign-national relations having been denied entry into the United States. It is important to notice what is not included in that purpose, namely protection of the immigrant from extreme hardship. For all practical purposes, any hardship the immigrant might face if denied the visa or green card does not count toward granting the waiver (unless it loops back into becoming extreme hardship for the U.S. relative - such as, if the immigrant were the main wage earner for the family, would cease to earn money, and the U.S. relation would suffer extreme hardship as a result).
In addition, to succeed with the waiver request, the applicant must show that the qualifying relative would experience extreme hardship if the waiver, and thus the visa or green card, were denied. The "extreme hardship" standard is a high one.
 
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Yes but she said i should simply wait and the exact time is unknown. What she was telling me is 221(g) is for those who are requested to submit additional documents which i am not asked:confused:
Alem. also my case does not require additional documents. but when i contact them they answer me well that my case is still undergoing Ap. so i will assume that u a cleared AP and just any day u will be contacted.so wen u check on ceac website wat does it say?
 
Yes but she said i should simply wait and the exact time is unknown. What she was telling me is 221(g) is for those who are requested to submit additional documents which i am not asked:confused:


You are missing my point. The point is - you are on AP. So regardless of what the person told you, that is still the case - RIGHT? So - why worry about the 221(g) point she made? It's irrelevant, you are still on AP - unless she said something else.
 
Dear all
This is to share my story.
After my interview on 31 December 2015, I was put on AP because of missing/change document.
As requested by CO, we changed our marriage certificate from polygamy to monogamy and the affidavit support because the one we presented on 31 December 2015, fund were insufficient to cover my husband and myself.
When we presented the documents on 26th January 2016, the CO said your visa are approved and that we can collect our passports in 2 days.
When we came the next 2 days, they said our visa is still on administrative processing that we should come back next week. When we came, they gave back our passports without any document confirming the AP.
I wrote to them on 22/02/2016, here is their response:
"Greetings,
Thank you for your email. At present, your application is still with the Eligibility Review Unit for processing. For this work, we rely on local counterparts and thus have little control over the pace at which it is completed. We are aware that the end of the Diversity Visa year is quickly approaching and are working as diligently and quickly as possible. However, it is truly impossible to predict when this work will be completed. Once we have finished the necessary processing or there is new information to share, we will contact you directly. Please let us know if you have any other questions regarding your case".

Since then no response when I try to call or write to them. Our medical is expired now.
Meantime , I give birth to a baby (June 2016). Now I would like to know what to do if I get approved. Do we need to declare this birth to the embassy or we should wait till our AP is cleared.

Thank in advance for your comments and advise.
cheers
 
Dear all
This is to share my story.
After my interview on 31 December 2015, I was put on AP because of missing/change document.
As requested by CO, we changed our marriage certificate from polygamy to monogamy and the affidavit support because the one we presented on 31 December 2015, fund were insufficient to cover my husband and myself.
When we presented the documents on 26th January 2016, the CO said your visa are approved and that we can collect our passports in 2 days.
When we came the next 2 days, they said our visa is still on administrative processing that we should come back next week. When we came, they gave back our passports without any document confirming the AP.
I wrote to them on 22/02/2016, here is their response:
"Greetings,
Thank you for your email. At present, your application is still with the Eligibility Review Unit for processing. For this work, we rely on local counterparts and thus have little control over the pace at which it is completed. We are aware that the end of the Diversity Visa year is quickly approaching and are working as diligently and quickly as possible. However, it is truly impossible to predict when this work will be completed. Once we have finished the necessary processing or there is new information to share, we will contact you directly. Please let us know if you have any other questions regarding your case".

Since then no response when I try to call or write to them. Our medical is expired now.
Meantime , I give birth to a baby (June 2016). Now I would like to know what to do if I get approved. Do we need to declare this birth to the embassy or we should wait till our AP is cleared.

Thank in advance for your comments and advise.
cheers

Since your visas are yet to be issued and you already have the baby, you should definitely follow up with the embassy and inform them of the baby's birth.
 
Dear all
This is to share my story.
After my interview on 31 December 2015, I was put on AP because of missing/change document.
As requested by CO, we changed our marriage certificate from polygamy to monogamy and the affidavit support because the one we presented on 31 December 2015, fund were insufficient to cover my husband and myself.
When we presented the documents on 26th January 2016, the CO said your visa are approved and that we can collect our passports in 2 days.
When we came the next 2 days, they said our visa is still on administrative processing that we should come back next week. When we came, they gave back our passports without any document confirming the AP.
I wrote to them on 22/02/2016, here is their response:
"Greetings,
Thank you for your email. At present, your application is still with the Eligibility Review Unit for processing. For this work, we rely on local counterparts and thus have little control over the pace at which it is completed. We are aware that the end of the Diversity Visa year is quickly approaching and are working as diligently and quickly as possible. However, it is truly impossible to predict when this work will be completed. Once we have finished the necessary processing or there is new information to share, we will contact you directly. Please let us know if you have any other questions regarding your case".

Since then no response when I try to call or write to them. Our medical is expired now.
Meantime , I give birth to a baby (June 2016). Now I would like to know what to do if I get approved. Do we need to declare this birth to the embassy or we should wait till our AP is cleared.

Thank in advance for your comments and advise.
cheers
Just curious: could you please explain what this may mean "...we changed our marriage certificate from polygamy to monogamy..."? You simply dropped one person? Thank you, much appreciated!
 
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Dear all
This is to share my story.
After my interview on 31 December 2015, I was put on AP because of missing/change document.
As requested by CO, we changed our marriage certificate from polygamy to monogamy and the affidavit support because the one we presented on 31 December 2015, fund were insufficient to cover my husband and myself.
When we presented the documents on 26th January 2016, the CO said your visa are approved and that we can collect our passports in 2 days.
When we came the next 2 days, they said our visa is still on administrative processing that we should come back next week. When we came, they gave back our passports without any document confirming the AP.
I wrote to them on 22/02/2016, here is their response:
"Greetings,
Thank you for your email. At present, your application is still with the Eligibility Review Unit for processing. For this work, we rely on local counterparts and thus have little control over the pace at which it is completed. We are aware that the end of the Diversity Visa year is quickly approaching and are working as diligently and quickly as possible. However, it is truly impossible to predict when this work will be completed. Once we have finished the necessary processing or there is new information to share, we will contact you directly. Please let us know if you have any other questions regarding your case".

Since then no response when I try to call or write to them. Our medical is expired now.
Meantime , I give birth to a baby (June 2016). Now I would like to know what to do if I get approved. Do we need to declare this birth to the embassy or we should wait till our AP is cleared.

Thank in advance for your comments and advise.
cheers

Yes as Mom says, you need to inform the embassy of the birth. As your medicals have expired, you will need to repeat them, and most likely they will need a medical report for the baby. Don't repeat the medicals until the embassy tells you to do so, but you might want to check with the physician about fees and scheduling of the medicals. Make sure they won't need any document from the embassy to perform a medical for the baby. All of that checking just helps you be prepared. . They will need to request the correct number of visa slots if/when your case clears.

Now, the email response was unusually specific. When they mentioned the "Eligibility Review Unit" it would suggest they had to send your documents to a central processing unit (within KCC) OR, more likely the ERU is some function within each embassy. The marriage cert is probably what required that check - I assume you interviewed at an embassy which was not used to seeing marriage certs from countries where polygamy is practiced.
 
Just curious: could you please explain what this may mean "...we changed our marriage certificate from polygamy to monogamy..."? You simply dropped one person? Thank you, much appreciated!

I'm assuming this is connected to the fact that when someone from a polygamous country is applying for a US immigrant visa, the husband has to choose as under US law he may only have one wife that is allowed as a derivative.
 
I think the wives should jointly decide, including the option to dump the husband and to immigrate together to the US without him...:)
Seriously, this option would be a breeze under US visa law and would work splendidly as long as one of the women is the DV lottery winner. In fact, the women are already married... I am rooting for dropping the guy :D
 
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Dear all,
Thanks for your advices and replies. I will contact the embassy to let them know about the new born baby .
Just curious: could you please explain what this may mean "...we changed our marriage certificate from polygamy to monogamy..."? You simply dropped one person? Thank you, much appreciated!
I am from a Muslim country where polygamy is allowed.
It's a choice and that's we signed as muslim .However you have the possibility to change it if you want to be monogram to respect US law as we want to immigrate. That's what the CO suggested to us if we want to get our visa. Please note that I am the DV Winner and we sorted out the issue and have changed the marriage certificate to monogamy. The document was given to CO on 26/01/2016 and she said our visa are approved. The rest of the story was explained above.
Thanks.
 
Dear all,
Thanks for your advices and replies. I will contact the embassy to let them know about the new born baby .
Just curious: could you please explain what this may mean "...we changed our marriage certificate from polygamy to monogamy..."? You simply dropped one person? Thank you, much appreciated!
I am from a Muslim country where polygamy is allowed.
It's a choice and that's we signed as muslim .However you have the possibility to change it if you want to be monogram to respect US law as we want to immigrate. That's what the CO suggested to us if we want to get our visa. Please note that I am the DV Winner and we sorted out the issue and have changed the marriage certificate to monogamy. The document was given to CO on 26/01/2016 and she said our visa are approved. The rest of the story was explained above.
Thanks.

OK - so the reason for the AP is either them checking whether you entered any other marriage, or it might be a name check (background checks).
 
Alem we got to keep waiting now instead of counting my AP days am counting the days remaining to the closure of the fiscal year visas. It is biting me.
 
Someone can give me an explication? In the website my status is Refused and its updated two times, but they didn't contact me to recover my passport, I don't understand what's happening??
 
Someone can give me an explication? In the website my status is Refused and its updated two times, but they didn't contact me to recover my passport, I don't understand what's happening??
How long ago did your online status change to 'refused'? If it is the outcome of your DV application, they will return your passport to you. Do you know the reason for visa refusal?
 
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