Why do spouses go under Administrative Processing if they have children together?

Asked over 1 year ago - Houston, TX

My husband and I have been married for almost two years now and we have an eight month old son. My husband had is interview in Pakistan for his visa but was put under AP. It is now 6 months an we have not heard anything back from the embassy. I understand AP is for security and background check. But we have a child together, does that not count for anything?

Attorney answers (3)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    15

    Lawyers agree

    Answered . No, background checks are required for everyone.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Michael Hugh Carlin

    Contributor Level 18

    3

    Lawyers agree

    Answered . The fact that you have a child together is helpful in establishing that your marriage is bona fide. But security and background checks are generally not related to the question of whether or not your marriage is bona fide. They are two separate issues.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of... more
  3. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Everyone who applies for immigration benefits are subject to USCIS security checks. The background investigation is designed to screen out criminals and national security threats during the immigration process. Because of the imperfections in the process, delays by security checks can be up to a year or more. The fact that you have children together does not impact the process. Good luck to you both.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more

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