Considering abandoning our 129F

[wanthimhere 0]

Then again ....... a K-3 supposedly requires lesser fees and leads to easier AOS

[Carol&Marc 0]

Seems to me you could be making it worse with the K3, the same people scrutinize the petition and goes through the same channels. Hang in there and good luck!

Marc

[john_and_marlene 162]

Then again ....... a K-3 supposedly requires lesser fees and leads to easier AOS

How do you figure lesser fees? How do you figure easier AOS?

The only fee I see a K3 avoiding is the AP fee, but then they did have a fee for the I-130 and the K1 does not.

Is there some statistic I'm not aware of that indicates a smaller percentage of K1 AOS applicants are approved than K3 AOS applicants?

[TucsonBill 0]

If they told you that your 6 months started in June, then I'd wait it out anyway. If you do the K3 then they will most likely have to pull the prior K1 and look at it too, so it would take longer than normal to process the K3. I couldn't imagine waiting as long as you have waited, and then starting all over.

Bill

[Dean iWait 0]

If you are not getting help from one senator's office, you can contact another location in search of a competent, helpful person. I gave up on my senator's local office - they were mean and not helpful. But I found a great contact in another location who helped me tremendously. I would not give up since you will be starting all over - you have a lot of time invested and really it cannot be much longer now. I would try to contact another office and make an official inquiry with someone who understands.

Good luck.

Hmmm. I had a nice, comfortable conversation on the phone with my Senator's Chief of Staff. She essentially said that Senators can make inquiries but ultimately have no power to push USCIS in any particular direction. For USCIS, following through with the requests for expedition that Senators can make is entirely optional and usually ignored.

Actually I have seen a number of cases here on VJ where congressional inquiries did in fact prompt USCIS to render a decision soon after the inquiry. According to your NOA1 you are now outside their current processing times. I would give your senator one more chance to help you before cancelling your K1.

[Marilyn. 340]

when we were going through this back in 2004... we applied for the I-130 and the K3 in March 2004 ..... we never heard anything from the K3 until October or November and it was an RFE at that time our I-130/CR1 was going along nicely so we decided to ditch the K3... I got my CR1 visa at then end of March..... it took about a year from start to finish....

so my point is that the K3 might not be any better.... I would just wait for the K1

Edited September 27, 2006 by MarilynP

[Teachers 12]

Based on the number of recent approvals, you should give it another 30 days before doing anything drastic.

Any particular reason why? I've been hearing this for months.

As of last weekend, March NOA1s in or transfered to CSC had approved the following:

Approved April-June 45

Approved July 29

Approved Aug. 45

Approved Sept. so far 25

Waiting 25.

Except for the last week or two, they seemed to being a good job of clearing the old cases. IF they go back to working the older cases, they would clear remaining March, April, May and June cases within 4-6 weeks. That way, even if they are mis-classifying you as June, you'd get your NOA2 no loater than the end of October. VJ stats (Immigration timeline, then stats) shows K3 application to Interview at 183 days. How does that compare with your current estimate for K1 to interview if you get your NOA2 within 6 weeks?

You have VERY good reasons to be extremely unhappy with CSC. Best of luck with your choice.

Tom

Edited September 27, 2006 by TomYu

[knowledge 0]

Sheryl and I are seriously considering abandoning our 129F to get married and starting over for a K-3

I have received conflicting information from USCIS, the DHS, and CSC about our case status.

My local USCIS office says there is a request for 'initial evidence' on its way to me that was sent in August, which I haven't received, even though I sent them my initial evidence almost seven months ago.

A Congressional inquiry suggests they're still processing our case and have everything they need.

The national hotline told me that my six month window started when our case was transfered on June 10th.

I have no idea who or what to believe and, at this point, have lost all faith that our case will ever be approved.

I see all the approvals all around me that have only taken two or three months and I feel that starting over will simply be better than trying to untangle the horrible mess that has been made of our case.

It would be nice if I could receive a refund from USCIS for the service I haven't received that I paid for.

*shakes head* I have done all I can.

In cases when receiving contradictory infos about a same case might mean they do not communicate properly the ones with the others; plus, it appears, you did not receive the initial evidence from August. I say it often, my opinion is to investigate back from the source from where the confusing infos began...for ex., and in the worst scenario, I would send the same copy -ies to the 2-3 locations where they seem not to share or communicate the infos...Of course, i'm a bit maniac of details and of making sure that of what i fill or send is understood, received, etc...easy to say right?...

At least, i would read maybe more here, some who did not finish their initial complicated case before begining fresh with another proceedure had some difficulties...it complexified the whole situation...

So, i would investigate more for myself the current situation in every corner possible before begining something else...if your case seems then complicated, I would consider consulting a lawyer...

[onyxrev 0]

As of last weekend, March NOA1s in or transfered to CSC had approved the following:

Approved April-June 45

Approved July 29

Approved Aug. 45

Approved Sept. so far 25

Waiting 25.

Except for the last week or two, they seemed to being a good job of clearing the old cases. IF they go back to working the older cases, they would clear remaining March, April, May and June cases within 4-6 weeks. That way, even if they are mis-classifying you as June, you'd get your NOA2 no loater than the end of October. VJ stats (Immigration timeline, then stats) shows K3 application to Interview at 183 days. How does that compare with your current estimate for K1 to interview if you get your NOA2 within 6 weeks?

You have VERY good reasons to be extremely unhappy with CSC. Best of luck with your choice.

Tom

Awesome info. Thank you! 6 weeks would put our current estimate at a little over 100 days. Oy! What a hard decision!

[CarolineM 0]

At least we'd be married in a K-3 situation. Would we have to wait the same amount of time? I don't think so. This is pretty unusual.

So it's not that you have to wait...it's that you aren't married? And ...HELLO the waiting would be MORE because you're starting over. Just have some patience...WAIT.

[E&K 0]

You know Onyx, I think I have a pretty good idea of how you feel We are in the same boat, except we are in the section where the water is a little bit higher already (No IMBRA RFE)

We've also been told by one congressman office and by the person/officer/phone operator at the 1-800 line that our NOA1 at CSC is June 15th, the day they received it from Nebraska, and to wait 6 months from that time. And since we're seeing that even June filers are getting their RFE's already and we are officially skipped in their processing times, we have also been thinking about canceling the current I129F. We really don't think we have invested any time on it since they haven't really done any work on it so far- it has really been a waste of time, effort and money; so we were considering either one of these options: 1)Re-Apply so maybe the second will go faster since it will be with the new form, 2) Get married and apply for a K3, or 3) Get married and go straight for the AOS-I have a tourist visa.

The first two options would most likely need a waiver for the second I129F submitted in the same year, and this- at least in Mexico- I think would take some time to get, have you consider this extra time too? PLUS K3 takes way longer and you'd be married but apart - I think I would feel even worse this way; and the third option is of course the fastest but the riskiest and we would only consider it as plan C, this really should have been our first option to begin with BUT we thought K1 was the right thing to do at the time

So really Option 1 seems to be the best so far for us, but we'll give another chance to our senator this week and go from there.

Even with all the time that you have waited- believe me I know how frustrating it is, I agree with the people that say that your best option is still to wait a little bit more. They have your RFE, so your have a ticket to play and get your NOA2 already! And as TomYu says, you have good chances of getting approved in October, even with a June NOA1! We'd give ANYTHING to have that chance

Don't give up!

Good luck!!!!

[CarolineM 0]

3) Get married and go straight for the AOS-I have a tourist visa.

This is illegal, FYI.

[Arazia 0]

3) Get married and go straight for the AOS-I have a tourist visa.

This is illegal, FYI.

As far as I know, it's only considered fraud if you enter on a tourist visa/VWP with the intent to get married, then get married and file for AOS. Of course, having a canceled I-129F form in your history would be a huge red-flag and I think it would be really tough to explain how you wanted to marry the person, then suddenly didn't want to marry them for the course of a visit, then got married anyways...

I could be wrong, of course, but that's the impression I've gotten from the boards.

[E&K 0]

And that's the reason why we went for the K1, but we later found out that thousands of people do it that way with no problem whatsoever; however, we still know it is a high risk option, specially now that they have our I129F and know about our intention to marry -they haven't touched it in 3 months, but they'd be quick to pull it out if we went for AOS

[CarolineM 0]

WEll. We're on a thread complaining about the wait for a K-1 to be approved. This person has already fioled a K-1 - doesn't want to wait...he says he has a tourist visa and they'd get married...

if that's not intent, I don't know what is...and that was my point. This pesron would CLEARLY be using a tourist visa to come get married.....