K1 Applicant from Japan, Might Want to Switch

[k1visajapan 0]

So We filed our K1 visa application in early Dec. 2007. From viewing this site I see that it takes most people about 4 months to receive their second Notice of Action. It's been over 4 months and we haven't received ours yet, so with my fiance on the other line I called them on my cell phone. The customer service rep. told me that it will be another 85 days until our application is processed! We were shocked.

Is there a way for her to be a legal alien if she comes here on a tourist visa and we get officially married with the state? What's that process? Please advise. We need all the help we can get because 85 more days is a lot longer than we thought we'd have to wait.

Thanks!

[YuAndDan 153]

Problem is that you have an I-129F filed, for a K-1 visa. If your fiancee enters the USA, and you marry and attempt to adjust, the I-129F that you have filed will cause you some problems. Entering the USA on a non-immigrant visa or (VWP) other than one that has immigrant intent, with the intent to immigrate is visa fraud, your filing the I-129F is clear indication of immigrations intent.

This will come up at the AOS interview, and can result in denial, removal proceedings, and a possible bar on future visa petitions.

[Melrose Plant 1]

We had the same exact problem with CSC. It took FOREVER, while other people, mainly at VSC, were sailing through quickly. But, perhaps there is hope without any further action. We were well past the 5 month mark, with no word or clue when it was going to be looked at. My lawyer made an inquiry at that time, and they told him it would be at least another month before our case was even dug out of the document vault. We were devastated by the news. However, our case was suddenly approved less than a week later.

85 days? I wouldn't take that too seriously, unless there is a problem with your case for some reason.

And yes, YuandDan is correct. There is NO WAY around the process. You just have to wait. I haven't seen my sweetie in over 9 months. Trying any funny business is just going to result in problems. It is frustrating to expect one thing and get another. Believe me, I know. Now our wait is nearly over. I travel to Vietnam in 2 weeks. I only hope they let her into the country after all this. But, if not, guess what.......MORE waiting. It's a terrible feeling to be so powerless. You are not alone.

[handor 0]

Don't sweat it. September 9 (current processing timeframe as per CSC publications) plus 85 (days they told you) = Dec 3 (day before your reported NOA1). I don't think it's a secret what they were using as a basis to give you that number.