Worthwhile to make InfoPass appointment for delayed K-1 Approval?

[Aztec&Taino 144]

I cannot imagine how frustrating the waiting has been for you! I am sorry for your wait

You can give the Infopass appointment a try, I guess. Yet, from my own experience, when I went to such an appointment

a few years back for some clarification on my case the staff was so rude, short, and overall made me feel incompetent.

They also gave me conflicting information. I spent the money and time filing an Advance Parole that upon the POE they asked

me, "why did you file this?" Like I had willingly spent the time and money to file something that I did not need... Granted,

my experience dates a few years in the past and one would hope that there would be improvement in the customer service skills

of USCIS personnel. At this point, I would say try ANYTHING to get your case looked at and approved!

[jaz00mine 8]

1) Illegal

2) Illegal

3) Illegal

Also, it wouldn't go over very well IF they did that seeing as they have a K-1 pending so if he was even let in the country at the POE, they would not be happy if they did what you suggested.

Hope you get your NOA2 soon monyfer, what is going on is complete BS.

I was not suggesting that, I was inquiring if it could be done.

Not understanding how that is illegal? He has a visa already which is legal

Living in NYC I have met many people who are here under different visas (work school and visitors) they meet their significant other and decide to get married. My sisters husband actually entered the us under a work visa. He eventually meet my sister and they were married. Because he entered legally he had no issues with AOS. It could be possible that the law changed, either way find out, keep all your options open.

He is legally able to enter the US, if he can then he should, then they can take that time together and see what there next moves will be

[jaz00mine 8]

Because that is visa fraud.

Got it, if he comes in with sole intention to get married. Understood

[monyfer 27]

Thanks, everyone. I am going to make an InfoPass appointment for the end of this month. My fiance is coming to visit me from Mexico then (crossing my fingers that he is not turned back at the POE. He is going to bring tons of proof of ties to his home country, letter from employer, our NOA1, etc.) So, we will go together and try to get some answers...

Shocked to hear about the one couple waiting for over 400 days. I think I'll just move back to Mexico if it isn't approved by the time we are nearing a year. This is getting a little ridiculous.

[lovest 5]

Poor thing, I feel for you! Don't let this get in the way of your relationship, this is only temporary and you'll be with him soon (: Whenever he comes to visit you make sure your FI brings as many possible ties to MX, two months before I got my visa, I came to visit my then FI and I had this huge folder that include:

NOA1 and NOA2

A letter from my FI stating that I was going to stay with him while we waited to finish the visa process

All the flight itineraries of every single trip I had ever made to visit him, and I highlightedthe entry day and the day I came back to MX. (I also included the boarding passes, but I'm a bit of a control freak, so I don't think that's all that necessary if you don't have them)

After seeing all the flight itineraries the CO was really impressed and actually said 'well you have successfully come back and forth without overstaying, so you don't seem a thread to me' , I thought that was amazing because I didn't have a job at the time, and I had just graduated from college.

Good bless you (:

[Kathryn41 3,205]

I was not suggesting that, I was inquiring if it could be done.

Not understanding how that is illegal? He has a visa already which is legal

Living in NYC I have met many people who are here under different visas (work school and visitors) they meet their significant other and decide to get married. My sisters husband actually entered the us under a work visa. He eventually meet my sister and they were married. Because he entered legally he had no issues with AOS. It could be possible that the law changed, either way find out, keep all your options open.

He is legally able to enter the US, if he can then he should, then they can take that time together and see what there next moves will be

I have removed your first post because it is advocating Visa Fraud. I have left the two posts quoting yours with the statements that the action you suggest is illegal. I am now responding to your comments here to explain why this is illegal.

AOS from a visa for someone who is already in the US is legal because the person entered the US with the intent to study, to visit, to work - and TO LEAVE at the expiration of their visa. While already in the US their circumstances changed so they are allowed to file a request to adjust status to become a permanent resident based upon their changed circumstances AFTER their arrival in the US.

If someone is outside of the US and intends to marry an American citizen and live in the US there are specific visas for that - a K-1 fiance visa for someone who enters the US unmarried with the intention of getting married and remaining in the US, and a CR-1/IR-1 spousal visa for someone who is already married to a US citizen and wishes to enter the US and remain to live in the US. If either of those circumstances apply, then the individual has to use one of those visas to enter the country. They are an intending immigrant - they are not an intending visitor.

If they use a visa designed for another purpose - especially one that includes the provision that they intend to leave the US at the end of that visa such as a visitor's visa - then they are misrepresenting their intentions - lying - in order to gain an easier immigrant benefit as a way to avoid the more time-consuming legal way. This is why it is considered immigration fraud. They are lying about their intentions and their plans to US authorities. This is considered so serious a 'crime' that it carries a life time ban from ever entering the US. If he tried this he WILL be discovered in the lie since he has already filed his intentions to enter the US, marry and remain in the US with his US spouse. They WILL match up the paperwork.

So, basically what you just suggested that they do is to lie to immigration, say that he is entering the country with the intention of leaving at the end of the stay authorized by the visitor visa, then when in the US applying to change his status to remain permanently - and commit an immigration violation for which he will be caught and that will prevent him from ever living legally in the US.

That is why it is dangerous to make suggestions that one ignore the intent of the existing visa and to use it for an ulterior purpose. There is a world of difference between someone who is already in the US who entered without the intention of remaining then finding themselves in changed circumstances so that they now do want to stay, and someone who is outside of the US, using a visa with an authorized period of stay to enter the US as a means to bypass the legal visa process and then lie about that intention.

The OP is following the correct legal process and has suggested an intelligent approach to resolve their situation - going for an Infopass. The information added later about the stolen passport with a valid US visa certainly provides a good reason why there might be a delay in processing the application. I suspect that this might be the information she receives when she investigates further.

Edited June 20, 2011 by Kathryn41

[garmar 0]

As many of you know, I have been told for the past few months that our case is still undergoing "background checks" and to check back in six months. Every time I manage to get through to someone to put in a service request for an update, we get the same response, and they start the time line over and say "six months". So at first it was six months from April...then from May...anyway we filed 8 and a half months ago and no NOA2 yet.

We are getting no where. My Congressman's aide has been in touch with VSC and they tell her the same thing - undergoing background checks, cannot be expedited, check back for the latest status in six months. We have no idea what the hold up is. I have explained in other threads, neither of us have a criminal background, and my fiance already has a valid tourist visa to the US that was issued in 2005 and is valid until 2015. So, clearly, he does not have any criminal past.

I called USCIS again yesterday, always with the hope of some bit of information. The woman yesterday suggested I could schedule an InfoPass appointment to get some more information since she can't see beyond what is on the computer.

Has anyone done this for this type of situation/delay? Will they be able to tell me what the hold up is if I go to an InfoPass appointment? I just want to know if the hold up is a false name hit or what, and how long it may take to resolve. We need to know if this is worth waiting out or not - because we will not wait if it really is another six months (and then who knows, six months beyond that).

Thoughts?

Please let us know on this thread when you get some information. I am also interested in this kind of hold up as I want to be ready for anything that may come about. You said that you are not willing to wait another 6 months. What are your options? Will you move to Mexico, apply for a k-3 or just give up on the visa all together?

[monyfer 27]

Please let us know on this thread when you get some information. I am also interested in this kind of hold up as I want to be ready for anything that may come about. You said that you are not willing to wait another 6 months. What are your options? Will you move to Mexico, apply for a k-3 or just give up on the visa all together?

I will post an update as soon as I have one. My fiance and I need to discuss but - if we have not been approved after one year of filing (October-3 months from now) I will just move back to Mexico, where we were living all of last year anyway. Obviously, my first choice was for us to live in the U.S., but if I and my loved one are going to be treated like terrorists/criminals/etc. and be forced to wait months upon end with no answers regarding why, I will not tolerate it; there are other countries that are welcoming and treat us with respect.

My fiance has a great job in Mexico and we can live really comfortably there. We'll just get married and live there. I wouldn't rule out applying for a IR/CR/K3 whatever spousal visa in the future, but I am so fed up with U.S. immigration at this point. Blech!