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

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?

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Filed under: Immigration US visas
Attorney answers 3


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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


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 Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.


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 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.