221(g) Administrative Processing for K-1 visa

I

isitasham

Registered Users (C)
Hello all,
I am a US citizen and just signed up for this forum and am looking for information on K-1 visa process which is in "Administrative Processing" under section 221(g) of INS. My fiancee has already been interviewed and they have asked for additional documents to support proof of relationship. These docs. were submitted to the US embassy in New Delhi a month ago and they have acknowledged receipt of them. So of the questions I have are:

1. It appears from information gathered from such forums that the time estimates for completion of processing ranges from a few days to a few years. Does anyone have any average time-estimates for specific sub-caegories within 221(g) ? e.g. "Name Check" vs. "Proof of Relationship"?

2. Does the consulate have a process in place where they clear these AP cases on a first-in and a first-out basis? or is it at the whims and fancy of the consular officer. I note that because the reps at the VFS center who accepted the documents said to check back within a week for issuance of visa. When I called after a week they said to check in a few more days. Point being that they either have no idea what so ever or they actually have some sense of it (based on the objections raised and documents submitted as to how long it might take). If the latter is true, then its very likely that such AP cases are dependent on the consular officer who is dealing with the case -- the officer may be organized and clear each case on a first-in and a first-out basis. On the other hand if it is some disorganized officer, you could be in for a long wait.........

3. The other thing that concerns me is the subjectivity in this whole process. For the purposes of a discussion, what if the consular officer has strong biasis of certain kind.............would that show on his or her decision to process or delay the case. Again, I note this because when my fiancee went for her interview, she smiled and greeted the consular officer nicely (expecting the same courtsey in return) but was met with a cold, almost frownish demeanor. Just an observation...........he/she could be having a bad day.......but then could be it was the personality or the views etc. of the person, making this is pretty subjective process.

4. I might appear that I may be reading too much into the subjective issues of this process............ but then we are in a forum where we can discuss this and isolate the cases based on complexity of the case, sub-categories within 221(g), documents requested, and other unknowns etc.

5. I may not have mentioned this before but I was surprised when we were faced with this 221(g) situation because we thought we had submitted a pretty exhaustive set of documents/pictures as proof of relationship to begin with. And thats what leaves me wondering what could be some of the unexplained issues.

I would appreciate any thoughts on this.
THANKS!!
 
A1: For a K-1 case, there is not much needed to prove the relationship. So it is more likely the 221(g) was given with regards to the beneficiary's name check. I am assuming all needed documents were submitted.

A2: If it is a back ground check, it all depends on the various agencies in DC, the consulate is as helpless as the beneficiary.

A3: Although never impossible, I highly doubt a consul would delay a candidate only because of some personal bias.

A4: You are reading too much into it, but I understand the helplessness. Try to relax and wait it out. I know it is easier said than done.

A5: Was any specific document requested on the 221(g)?

isitasham said:
1. It appears from information gathered from such forums that the time estimates for completion of processing ranges from a few days to a few years. Does anyone have any average time-estimates for specific sub-caegories within 221(g) ? e.g. "Name Check" vs. "Proof of Relationship"?

2. Does the consulate have a process in place where they clear these AP cases on a first-in and a first-out basis? or is it at the whims and fancy of the consular officer. I note that because the reps at the VFS center who accepted the documents said to check back within a week for issuance of visa. When I called after a week they said to check in a few more days. Point being that they either have no idea what so ever or they actually have some sense of it (based on the objections raised and documents submitted as to how long it might take). If the latter is true, then its very likely that such AP cases are dependent on the consular officer who is dealing with the case -- the officer may be organized and clear each case on a first-in and a first-out basis. On the other hand if it is some disorganized officer, you could be in for a long wait.........

3. The other thing that concerns me is the subjectivity in this whole process. For the purposes of a discussion, what if the consular officer has strong biasis of certain kind.............would that show on his or her decision to process or delay the case. Again, I note this because when my fiancee went for her interview, she smiled and greeted the consular officer nicely (expecting the same courtsey in return) but was met with a cold, almost frownish demeanor. Just an observation...........he/she could be having a bad day.......but then could be it was the personality or the views etc. of the person, making this is pretty subjective process.

4. I might appear that I may be reading too much into the subjective issues of this process............ but then we are in a forum where we can discuss this and isolate the cases based on complexity of the case, sub-categories within 221(g), documents requested, and other unknowns etc.

5. I may not have mentioned this before but I was surprised when we were faced with this 221(g) situation because we thought we had submitted a pretty exhaustive set of documents/pictures as proof of relationship to begin with. And thats what leaves me wondering what could be some of the unexplained issues.
Click to expand...
 
Hi Triple Citizen,
Thank you so much for taking the time and your input.
Regarding the specific documents they requested have to do with:
1. Additional pictures before and after the engagement (we only have engagement pics)
2. Her parents views on this engagement - notarized.
3. Addesses/contact info of non immediate family members who attended the engagement. (Which was none).
4. Notarized explanation of how and when we first met.
5. Voter's ID card and voters list for the past 5 years for beneficiary.
6. Notarized copy of petitioners passport.
7. Itemized list if emails/post marked letters, cards etc.

Yes, all needed documents were submitted. If the documents were not available (e.g. pictures before/after the engagement, list of non-immediate family invitees etc.) then a detailed notarized explanation was provided by me and my fiancee as to the cultural issues/environment sorrounding our case and the fact that it is a second marriage for both of us. There are children involved on both sides.
I understand that it is not a standard/normal case in that sense. So does it appear that it could be a case of both "proof of relationsip" as well as "Name Check"? Her name is a common name as such.
When you say a back-ground check, is that for me (petitioner) or for her (beneficiary)?
How long does a name check normally take (on average)?
Thanks again for your help and input.
 
The beneficiary's background is checked. The more common a name, the more likelyhood of a delay.

isitasham said:
When you say a back-ground check, is that for me (petitioner) or for her (beneficiary)?
How long does a name check normally take (on average)?
Click to expand...
 
K1 visa 221 g

My fiance enter the country elegally he file for asylum was denied the first time,and he file in appeal the appeal take approximently a year for immigration to get back to him,for example 3/27/07 he send it, receive in answer 07/29/08 the case was denied,after he receive the letter he voluntairly leave the state he enter to canada legaly. I call uscis talk to them they stated that as long he leave the state i can petition in i 129 f for him which i did, it take six months for uscis to approved and send it me a paper,after the his case went to nvc then transfer to us consulate in montreal, four months later after submit everything to them finally got in interview date. He went for his interview everything was good, then the officer ask him he see he was leaving in the us before ,he was suppose to leave the state when the judge denied his asylum case the first time why he stay for anothe year, he told him he file for in appeal right after the judge decision,he was waiting for his appeal answer from immigration right after that he left on his own. The officer ask him for his lawyer to send a letter stating why, plus the appeal papers and the last court decision, which his lawyer already submit to them, each time we call they say the case is under review. Did anybody know or experience with that before and how long it will take for them to come up with a decision, if so help me put here thanks you for reading this......
 
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