K1 has been a year

[paustin 1]

Ugh it's been more than a year now my K1 petition for my fiance. Called in Jan. and they told me I should hear something by the 15th this month, but nothing and it has passed the Vermont processing time. What are my other options? Call back or ??

[Harpa Timsah 13,258]

Is there something unusual about your case?

[mtcmk1 37]

That is weird! Is your case unsual? A year is not the typical timeline...

[immibie 23]

Hm.. contact someone?

Edited February 15, 2013 by immibie

[paustin 1]

Yes, the case is special. That's why I was willing to wait for a year. But they told me I should hear by the 15th, if I don't hear from them, what are my choices/options?

[Harpa Timsah 13,258]

Nothing, the people you called are the "misinformation line" and they just want to get you off the phone. They can't guarantee when a petition will be approved.

[Karee 4,190]

Yes, the case is special. That's why I was willing to wait for a year. But they told me I should hear by the 15th, if I don't hear from them, what are my choices/options?

We're probably going to need more information on why your case is special in order to give you some kind of answer.

[TBoneTX 44,679]

*** Thread moved from K-1 Process forum to the Case Progress subforum. ***

[Alaska2012 462]

Get in touch with your senator!

And please

Edited February 16, 2013 by Alaska2012

[paustin 1]

They just send me a letter today dated Feb. 4th. Th letter says: We are actively processing the cas. However, we have to perform additional review on this case and this has caused the a longer processing time. They asked me to wait if I have not received decision or other action within 6 months of this letter to contact the customer service again.

Ugh... 6 months? Another 6 months.. that's crazy! Should I contact Ombudsman/senator now or it's not going to do anything? Has any one received this type of letter before?

Edited February 16, 2013 by paustin

[Villanelle 4,121]

As posted in your other threads/posts about your delays, because of your situation you need to contact your Representative for assistance.

Your case is going to take longer then normal because of the waiver you filed and you may have to go for biometrics. They have not scheduled you yet for biometrics and you have no idea where youre even at. You need an inquiry done.

Your only other option is to withdraw the K1 and marry your fiance and pursue the CR1.

You may face similar delays though. But the advantage would be (if you check the guides) youll see that with the K1 your fiance is going to have an interview at the embassy to obtain the visa, then you have to marry in the US, then apply for AOS, you'll probably have another joint interview in the US before her GC will be issued. If you do the spousal CR1 there will only be 1 interview at the embassy. When she enters the US she will have a GC.

With all the hassle and scrutiny you are facing, I would think it might be wise to limit your interactions with USCIS to a minimum. the CR1 has less interactions then the K1.

[paustin 1]

Thanks Capri, but from what I gather, it would be the same long process. K1 at least would give her options what she wants to decide in the future. I don't want to lock her up in the marriage knowing about this waiver thing and she can't be with me all the time because long distance is already hard, and my work doesn't allow me to go back and forth any much. It's complicated. I would rather her here and deal with USCIS together, at least that way we are together.

My question to VJ'er are:

1. As US citizen petition for K1, will you have to go for biometrics? If so, when?

2. Should I contact a representative to find out where this is "truly" at? THis letter doesn't say anything. But by doing that, would i piss USCIS off and as a result, they deny everything?

Edited February 16, 2013 by paustin

[Villanelle 4,121]

No, K1 petitioners do not go biometrics unless something comes up on their name during the routine name check/citizenship check or they file a waiver like you did and USCIS wants to see their arrest record with the FBI.

Asking for a representative inquiry is not a big deal. It doesnt piss anybody off.

Basically what happens is this. Your case goes to a service center where Officers work on it. Theres a phone center you can call but the people who answer the phones are not USCIS employees, they are outside contractors hired to answer the phones. They read from scripts and give general information. You can ask to be transferred to a level 2 rep who are USCIS employees but they are not the people who process cases either. They can access more indepth info on your case and they can put in a service request. A service request is basically a 'ping' to the Officer or dept that has your casefile. Its a way of saying to them- hey whats going on with X case?

Because everybody would be asking a million times a day whats going on with my case, they imposed rules about when you can 'ping'. You can only 'ping'/place a service request when you are outside of normal processing times.

Depending on where you are in the process/ what service center you are at and what form you filed NOA1 for K1, NOA2 on a CR1 you may or may not be able to file a service request.

A way around this is to contact your representative. They have someone on staff to assist with matters like this. The person on their staff contacts their liaison at USCIS who 'pings' the Officer or dept that has your casefile. The officer or dept gets back to the liaison with the status who gets back to the staff member who gets back to you.

So you may not be able to file a service request. I dont know because you dont have a timeline, so I dont know exactly when you filed or where you are in the process, but I do know you filed a long time ago and should have something by now. You also are in dire need of an advocate and your representative can be your advocate.

Start with this site-

http://whoismyrepresentative.com/home

type in your zip (zip plus 4 if necessary) and find your rep. Start with the local reps and not the senators because they tend to give better attention. Follow the links until you get to their personal website. Find the link for constituent services, that what you need. They should have a form for authorizing them to speak to an agency. You must fill out that form or they can not contact USCIS w/o it. You can either contact them by email or in person. I think in person is better, but its your choice. You dont need an appt. Its preferable to call first as some reps have multiple offices and there is usually one person on staff that is the person who is best suited to handle this and they obviously wont be in all the offices at once. You want to make sure you go to where they are when they are there. Bring all your docs and relevant papers. They will help you draft something up and assist you with getting a status on your case.

It could take a while to hear back when they 'ping' the people with your case. Some people hear back in as little as a few days, others dont hear back for weeks. Some people get results. Others get the same were working on be patient.

Contact your rep as often as you need to. Its free and thats what they are there for. Its your right to petition.

[Harpa Timsah 13,258]

Is this something to do with the Adam Walsh Act?

[Villanelle 4,121]

based on his other posts he seems to have filed a waiver with his initial petition in June 2012 and has not heard anything since but standard letters of wait while we process. No biometrics, no RFEs for additional evidence.

http://www.visajourney.com/forums/topic/378401-how-long/