K1 Visa help?
Answer:
There is nothing you can do but wait. I'm assuming that as you mentioned he is waiting for his K1 visa that he had the interview and is now in AP (administrative processing) whereby he was given a 221g.
In the Middle East/African/ Asian countries e.g., applicants are scrutinized and screened more intensely and thus they have to wait out longer security or fraud investigations until all verifications for security or suspected fraud come back cleared. The time it takes varies greatly.
You can read more on the 221g at http://www.familybasedimmigration.com/fo...
You will also find support and others experiences.
All the best to you, I hope you hear something soon.
This is not at all unusual. The embassies are given the power to decide who gets in and who doesn't and they make their decisions very slowly.
A K-1 visa is a United States nonimmigrant visa benefiting fiancés and fiancées of US citizen petitioners. The Application is made by the petitioner in the US on a USCIS form I-129F filed by mail at a USCIS Regional Center. The Applicant must provide detailed information and supporting documentation to establish that both parties are legally free to marry, have met each other, intend to marry, do not have disqualifying criminal histories (so-called crimes of moral turpitude), and proof of identity and citizenship. Recent changes to the Law also limit the number of petitions a Petitioner can make, and the Petitioner must not have a criminal history of sexual or partner abuse. Other recent changes in the Law also severely limit the role of "marriage agencies" in the introductions, and any involvement must be disclosed.
If approved (six months is about normal, though this varies based on processing time, and to a degree the relevant embassy), the Application materials will all be forwarded to the National Passport Center for processing. Then the whole paper file wrapper is sent to the US embassy or consulate in the jurisdiction in which the fiancé(e) resides abroad [1]. The Embassy will contact the fiancé(e) and schedule an interview date. In the meantime, the fiancé(e) has to have a medical examination at an approved clinic, to screen for certain infectious diseases like HIV, Tuberculosis and Syphilis. The Embassy staff will question the fiancé(e) and ask for additional documents, to determine the authenticity of the relationship (amongst other things, that it is not an attempt to skirt 'the proper channels' of US immigration law), though the preliminary questioning in this regard is fairly straightforward and brief. If the interview goes well, the visa is granted immediately, but the fiancé(e)'s passport may need to be kept for a few days for processing. The fiancé(e) then has six months to enter the US, and 90 days after that to marry the Petitioner. The fiancé(e) cannot marry any other person, and must return if not married to the Petitioner. If the fiancé(e) has children, and they were properly identified in the original petition, then they will be issued K-2 visas. Such K-2 visas depend on the parent's K-1 visa.
After marrying, an "Adjustment of Status" (using a USCIS form I-485[2]) must be filed that will convert the K1 fiancé(e) and K2 children status to that of "Conditional Lawful Permanent Resident Status", e.g., a green card. It can take as long as a year after the filing of a correct I-485 to be invited to a local USCIS Office for an interview of the Petitioner, K1 fiancé(e), and any K2 children. The interviewer is essentially interested in ascertaining if the marriage is legitimate, and will ask questions a genuine couple should have no issue answering, for example, "Who normally does the grocery shopping?", "What night does the garbage go out?", "When was the last time your spouse took the day off work?". If the interview goes well, the I-551 "green card" will arrive in the mail in a few weeks - although post September 11, this time has been increased due to a backlog in CIA processing of background checks. If the Petitioner or the fiancé(e) does not attend the Interview, the fiancé(e) will lose legal status and must leave the US.
Contact your local Senator and have them make an inquiry. US Consulate, by law, has to respond to an inquiry by the Senator's office. Each Senator's office has immigration liaison to help constituents help with such situations. Good luck.
Embassies use of discretion in K1 visa has to be reasonable and based on facts. I am not sure why previous answerer mentioned 222g. Mr. Farber's response is good information but does not answer the question in hand.
Call your representative's office and ask them to ask the questions. This will get the Dept of homeland security out of dead low gear.
is this someone you met online?
The Immigration information post by website user , MyTend.com not guarantee correctness.
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