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Administrative Processing why is it taking so long?


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#1 bonita1

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Posted 02 July 2010 - 03:02 AM

I was just wondering if you could tell me if I am taking the correct steps in this situation.
My husband is from the Dominican Republic. We have known each other over 2 years. After we married, I took all of the necessary steps to apply for his visa. I also had an attorney. We received his interview date for this past March 29. When we went to the interview in Santo Domingo, everyone was incredibly terrible to us... Immediately, they told my husband he was arrested in the USA for drugs and spent 18months in prison.. then they told me the same thing (I guess to see my reaction) of course I told them it was not him... he has never been in the USA, arrested or anything... So for hours upon hours we waited and then got told the same thing again, this time a man told my husband he was in Puerto Rico, but failed to mention that to me (another complete lie). Long story short, they told us at the end that we are going to have to wait for them to call us for another interview date, because they have further administrative processing to do... They didn't even look at any of our documentation, photos, etc... and we have a ton of evidence... Ever since I met my husband we have not gone without a phone call, I am constantly traveling there, over 20 times since I met him.
When I returned home, I didn't know what to do.. I contacted my lawyer and he basically told me he can't help me anymore, his services are finished and there is nothing I can do...I have to wait, "because your husband probably lied to you".. great thing to tell your client huh...So, I contacted my congressman. They immediately helped and put an inquiry on the case. They told me the embassy assured them they will work as quickly as possible... However, over 3 months have gone by and I have not gotten any kind of information from anyone... the congressman, the embassy, no one....
I guess I am just wondering, in your professional opinion, if there is anything else we can do? Financially and definitely emotionally I need my husband here with me in NJ. I know it is a process that is in place, but we followed everything to the letter, everything! My husband is a wonderful, honest, hardworking and good man and the Dominican Republic is notorious for doing this to men who wish to leave the country... If you could let me know if there is anything else I can do, that would be great....
I thank you so much for your time.





#2 VisaGuru

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Posted 04 July 2010 - 07:31 PM

Hello and Welcome to the forum!

I'm sorry to hear about the predicament you are in, and I understand how difficult it must be for your husband and you as well.

AP normally comes down to the the bona fide nature of the relationship and barring any other inadmissibility issues, overcoming this should be quite straightforward. However, if there is a prior criminal record or a police clearance problem then the only thing you can do is to wait. If the issue was about insufficient evidence to establish a sincere, honest relationship than you can overcome this with the numerous times you've seen your husband, but it sounds to me like that is not the case at all.

I don't have all the facts of your case, however, you seem to be doing the right thing by getting your senator involved. I would also recommend that your husband attempt to obtain certified records from his local government office or affidavit from credible officials in the Dominican Republic stating that there's no criminal records and that he has not been involved in any criminal proceedings. He can submit these documents to the consular officer involved and see if it will help them to make a decision. I would keep a record of all inquiries and keep emailing them to make sure they are on top of the case.

Unfortunately, I don't think there's much else you can do. Every consulate post has their own policies and protocols when it comes to Administrative Processing. Not to encourage you to spend more money on hiring a lawyer, but perhaps you find out if there's an American immigration lawyer that works in the Dominican Republic that may be able to lodge an inquiry directly with the Consulate.

I hope this helps.




I was just wondering if you could tell me if I am taking the correct steps in this situation.
My husband is from the Dominican Republic. We have known each other over 2 years. After we married, I took all of the necessary steps to apply for his visa. I also had an attorney. We received his interview date for this past March 29. When we went to the interview in Santo Domingo, everyone was incredibly terrible to us... Immediately, they told my husband he was arrested in the USA for drugs and spent 18months in prison.. then they told me the same thing (I guess to see my reaction) of course I told them it was not him... he has never been in the USA, arrested or anything... So for hours upon hours we waited and then got told the same thing again, this time a man told my husband he was in Puerto Rico, but failed to mention that to me (another complete lie). Long story short, they told us at the end that we are going to have to wait for them to call us for another interview date, because they have further administrative processing to do... They didn't even look at any of our documentation, photos, etc... and we have a ton of evidence... Ever since I met my husband we have not gone without a phone call, I am constantly traveling there, over 20 times since I met him.
When I returned home, I didn't know what to do.. I contacted my lawyer and he basically told me he can't help me anymore, his services are finished and there is nothing I can do...I have to wait, "because your husband probably lied to you".. great thing to tell your client huh...So, I contacted my congressman. They immediately helped and put an inquiry on the case. They told me the embassy assured them they will work as quickly as possible... However, over 3 months have gone by and I have not gotten any kind of information from anyone... the congressman, the embassy, no one....
I guess I am just wondering, in your professional opinion, if there is anything else we can do? Financially and definitely emotionally I need my husband here with me in NJ. I know it is a process that is in place, but we followed everything to the letter, everything! My husband is a wonderful, honest, hardworking and good man and the Dominican Republic is notorious for doing this to men who wish to leave the country... If you could let me know if there is anything else I can do, that would be great....
I thank you so much for your time.


Visa Guru

** This does not constitute legal advice or substitute for legal advice from an attorney. The information is for educational purposes, and it may not account for any recent changes in the law that may affect your specific case. **

#3 bonita1

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Posted 10 July 2010 - 06:20 AM

Hi... thank you so much for the information. That is one of the frustrating parts, because we have had to submit numerous police papers throughout the entire process, and all of them state he has a totally clean record... the police papers are very hard to get in the DR if you have any kind of problem, and he can literally go in and get his in minutes... We know personally a few people this exact thing has happened with and a few months later they go and get their visa...
I think that we are just so ready for it to be over, as anyone involved in this process is... this process is just really hard to go through... we just want to be home together and have our lives together. and i have a hard time accepting the fact that the people in this Embassy basically have my life in their hands, who are they to say to me whether my husband is good enough to come live with me or not.. obviously i believe he is the best man, or I wouldn't have married him! this is not a case of "coming to America" this is a case of loving each other and having a life.
we just keep hoping it is all over soon...

#4 VisaGuru

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Posted 11 July 2010 - 10:01 PM

It is a difficult process and I hope it works out for you soon.

In the meantime, keep the pressure on them but be courteous and firm so that they are not delaying the adjudication because someone is on vacation, on maternity leave, or is on sick leave. This happens sometimes so you want to document everything and remind them to follow up on your case, but please do NOT do it every day or other day, just every few weeks or so. Don't be irrational or angry but be truthful and tell them how this has been pending for however long and what it means to you and your family.. etc..

I hope it works out and soon!


Hi... thank you so much for the information. That is one of the frustrating parts, because we have had to submit numerous police papers throughout the entire process, and all of them state he has a totally clean record... the police papers are very hard to get in the DR if you have any kind of problem, and he can literally go in and get his in minutes... We know personally a few people this exact thing has happened with and a few months later they go and get their visa...
I think that we are just so ready for it to be over, as anyone involved in this process is... this process is just really hard to go through... we just want to be home together and have our lives together. and i have a hard time accepting the fact that the people in this Embassy basically have my life in their hands, who are they to say to me whether my husband is good enough to come live with me or not.. obviously i believe he is the best man, or I wouldn't have married him! this is not a case of "coming to America" this is a case of loving each other and having a life.
we just keep hoping it is all over soon...


Visa Guru

** This does not constitute legal advice or substitute for legal advice from an attorney. The information is for educational purposes, and it may not account for any recent changes in the law that may affect your specific case. **

#5 bonita1

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Posted 13 July 2010 - 03:39 AM

It is a difficult process and I hope it works out for you soon.

In the meantime, keep the pressure on them but be courteous and firm so that they are not delaying the adjudication because someone is on vacation, on maternity leave, or is on sick leave. This happens sometimes so you want to document everything and remind them to follow up on your case, but please do NOT do it every day or other day, just every few weeks or so. Don't be irrational or angry but be truthful and tell them how this has been pending for however long and what it means to you and your family.. etc..

I hope it works out and soon!



Thanks so much for the encouragement :) yes this is the worst process to go through, especially when you know there is absolutely nothing more for them to check out.. this is our lives and we want to be together.. we won't get any of this time back that we are losing. The lady at the congressman's office touches base with them every so many weeks... if we don't hear this week, she is getting the congressman to write a letter to both the embassy and the Office of Visa Services, hopefully that does the trick, fingers crossed!

#6 citygirl

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Posted 13 July 2010 - 07:12 PM

I was just wondering if you could tell me if I am taking the correct steps in this situation.  
My husband is from the Dominican Republic.  We have known each other over 2 years.  After we married, I took all of the necessary steps to apply for his visa.  I also had an attorney.  We received his interview date for this past March 29.  When we went to the interview in Santo Domingo, everyone was incredibly terrible to us... Immediately, they told my husband he was arrested in the USA for drugs and spent 18months in prison..  then they told me the same thing (I guess to see my reaction) of course I told them it was not him... he has never been in the USA, arrested or anything...  So for hours upon hours we waited and then got told the same thing again, this time a man told my husband he was in Puerto Rico, but failed to mention that to me (another complete lie). Long story short, they told us at the end that we are going to have to wait for them to call us for another interview date, because they have further administrative processing to do... They didn't even look at any of our documentation, photos, etc... and we have a ton of evidence...  Ever since I met my husband we have not gone without a phone call, I am constantly traveling there, over 20 times since I met him.  
When I returned home, I didn't know what to do.. I contacted my lawyer and he basically told me he can't help me anymore, his services are finished and there is nothing I can do...I have to wait, "because your husband probably lied to you".. great thing to tell your client huh...So, I contacted my congressman.  They immediately helped and put an inquiry on the case.  They told me the embassy assured them they will work as quickly as possible... However, over 3 months have gone by and I have not gotten any kind of information from anyone... the congressman, the embassy, no one....
I guess I am just wondering, in your professional opinion, if there is anything else we can do?  Financially and definitely emotionally I need my husband here with me in NJ.  I know it is a process that is in place, but we followed everything to the letter, everything!  My husband is a wonderful, honest, hardworking and good man and the Dominican Republic is notorious for doing this to men who wish to leave the country...  If you could let me know if there is anything else I can do, that would be great....
I thank you so much for your time.


Hi... Just wanna say I´m sorry u r getting throught this situation.
AP is.... a nightmare...  U said u r 3 months... it can be since 2 weeks to over a year or more! I wonder what is wrong with his police record in USA, I guess they are checking  his name... maybe someone else with the same name and nationality was envolved in that crime... it usually involves FBI, so eventually (If he has never been in USA and it was a mistake) they will reschedule a new interview and hopefully issue his visa.
Wish u good luck, it will be great if u create a timeline so we can better understand u.
Keep us updated..... my prayers with u.

3-xx-2008 Met online, first visit to Spain Feb 2009, second, July 2009
8-11-2009 I-130 sent
3-20-2010 Medical Exam
4-07-2010 Interview, hubby with me(AP)
4-13-2010 Visa in Hand (Thank God)
4-14-2010 POE Chicago
5-15-2010 2 years GreenCard
6-21-2010 First Job in America yayyyyy!!

1-14-2012 Removal of Conditions

#7 bonita1

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Posted 15 July 2010 - 05:35 AM

Hi... Just wanna say I´m sorry u r getting throught this situation.
AP is.... a nightmare... U said u r 3 months... it can be since 2 weeks to over a year or more! I wonder what is wrong with his police record in USA, I guess they are checking his name... maybe someone else with the same name and nationality was envolved in that crime... it usually involves FBI, so eventually (If he has never been in USA and it was a mistake) they will reschedule a new interview and hopefully issue his visa.
Wish u good luck, it will be great if u create a timeline so we can better understand u.
Keep us updated..... my prayers with u.



thanks for the email... a nightmare is right :) there is absolutely nothing wrong with his police record in the USA... he has been checked out by the national visa center, even before we were issued the interview date... it is all "shady" because in the interview they commented to us, "our police here in the DR are telling us you were in the USA before" how can their police say that but the USA police have no record of it... it is a cruel game they play to see if you can handle the pressure and stay in the relationship.. we are just hoping it is over soon. I want my husband home with me : thanks for the prayers

#8 VisaGuru

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Posted 09 August 2010 - 12:15 AM

Hi!

Any updates or news on your case?

I just talked to two applicants in the same AP situation, although the facts are different.

I think people do not realize sometimes how important is to document everything and to follow-up on their case when it's in AP. You have to email the consulate every few weeks (no more than once a month for me) and make sure you remind them of the new evidence you have submitted. Be polite and courteous!

I'll keep you posted about the two applicants I have, they are both optimistic but have waited a long time in AP.

All the best!



thanks for the email... a nightmare is right :) there is absolutely nothing wrong with his police record in the USA... he has been checked out by the national visa center, even before we were issued the interview date... it is all "shady" because in the interview they commented to us, "our police here in the DR are telling us you were in the USA before" how can their police say that but the USA police have no record of it... it is a cruel game they play to see if you can handle the pressure and stay in the relationship.. we are just hoping it is over soon. I want my husband home with me : thanks for the prayers


Visa Guru

** This does not constitute legal advice or substitute for legal advice from an attorney. The information is for educational purposes, and it may not account for any recent changes in the law that may affect your specific case. **




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