Peace of Mind for K1 vs J1 adjustment of status

[Gloves 0]

Hi there VJ!

Last Summer I proposed to my American girlfriend while I was working in the US on a J1 visa. At the same time, another couple who worked with us, also got engaged, he was from England and she was American. The two of us Brits talked over the different options of how best to immigrate to the US and live with our American fiancee's. He chose to stay in the US and adjust his J1 status (which he had planned before entering the states). I decided against and went for the K1 visa with the belief that doing it 'by the book' would be easier and faster in the long run. However I find myself after 5 months still waiting for my NOA2 and in the mean time my friend has changed his status and received his work permit in the post today........

As much as I am very happy for him I can't help but feel a little let down by the K1 process and I feel that if I was to go back and do it all over again I would choose to adjust status also. Can anyone please reassure me of the benefits of choosing the K1 over the other method? What are the advantages... I need my mind put at rest!

I know this raises the issue of intent to marry before entering but since my friend entered with intent to marry and stay, and was successful I can't help but feel discouraged... Reassurance is needed!

Thank you for your help in advance!

[P+J 47]

You should have your girlfriend contact a U.S. Senator or Congressman. You're beyond the estimated time frame for approval now. Some petitions from November 2011 have been approved according to timelines on this website. It would be good to find out what's going on, or at the very least get something moving at this point.

[brian_n_phuong 193]

You should have your girlfriend contact a U.S. Senator or Congressman. You're beyond the estimated time frame for approval now.

That's a rather severe course of action after only 5 months. Crying wolf early in the game should be avoided.

OP: Contact USCIS and request the status. If there is no progress after a resonable amount of time (or a reasonable explanation), then you can consider ratcheting up the complaint.

Edited February 19, 2012 by brian_n_phuong

[Moomin 292]

I'm sorry you feel that way. It does seem less logical that doing it the right way going through waiting through USCIS and the i-129f gives you a longer wait.

One of the things that eased my mind was simply doing it the legal way. I'd at least like to think I didn't block the way for many others visiting on VWP and being under suspicion of wanting to immigrate because many other did it before me(and after) but I'd like to keep the door open for others. It is legal to AOS from VWP but I'd actually like friends to visit US without them being denied entry because of my choice. My personal opinion is that one day, you can't AOS from VWP, the same goes for visas.

Planning to immigrate even before POE as you write isn't always caught. But I'd personally dislike the idea that it could come back and bite my a**. Having gone through through the process now was hard but that in itself gave me the peace of mind. Besides, I earned enough in Denmark to cover my expenses for medical, I had more time with friends and family. It was a personal advantage bot one that was worth it to me.

I know the wait is harder when you see somebody skipping the steps you take when you just want to be together again. But take advantage of your freedom in your home country. Sometimes the waiting makes you appreciate the situation more when finally being together.

Intent to marry if fine, even before entering. It's perfectly legal however it's also being questioned(f asked at POE) whether or not that shows immigrant intent.

I bet you most VJ members are applauding you and been in the same shoes but eventually found their way to VJ to get support.

Edit: As the others said, contact USCIS by now, 5 months is the average wait. You're going through an easy embassy, it's not going to take much longer.

Edited February 19, 2012 by moomin

[VanessaTony 3,567]

Unfortunately there's no reassurance I can give you except to tell you you DID do it the correct and legal way. Your friend didn't have to prove lack of intent so even though it IS illegal they don't query it.

The K1 is the more lengthy and more expensive route than what your friend did. The wait time in the UK approaches 12 months total because of the lengthy time to get an interview.

You did it the legal route. You did it the proper way. The only way to look at is like this: Your friend walked into a bank and took all the money, no-one bothered to stop him and he'll never get into trouble for it. He's happy with his choice because he's got the money and did it quickly. YOU on the other had worked hard and earned your money the legal and correct way. On the one hand you could have taken money from the bank as well but you knew it was wrong. You knew it would be breaking the law even if you DID get away with it. So you're secure in the knowledge that while your process took longer than his, you never risked your status (or that of your loved one) and you will never feel bad about it. It's a badge of honour of sorts to go through this lengthy process and come out the other side still intact. Your relationship will stand the distance apart. Your relationship is stronger for the trials you went through together (living apart and missing each other).

AOS within the country is legal but your friend entered with intent which is illegal. He broke the law and got away with it. He could feel proud that his way was quicker and he didn't get caught, but he stepped all over the people like you doing it the correct and legal way because of his own selfish wants and needs. He'll never admit he did wrong because he was rewarded for it (got the GC). There's no use being bitter about it. You too will eventually get the GC (several months from now) and you'll have done it the right (but lengthy) way.

Edited February 19, 2012 by Vanessa&Tony

[kittylondon 47]

i understand how frustrated you feel. i was just reading on another vj board about someone asking for help with AOS from VWP, after a surprise proposal in november while she was visiting him in US (my exact situation). my impression was it would be hard to prove no intent, and k1 was the 'right' way to do things. and so here i am back in an empty flat in london, while that couple is together and happy. i don't mean to take anything away from this person, i don't begrudge anyone getting to be with their partner! but it does seems like doing things the 'best' way doesn't always pay off... i completely agree with everyone else though, find positives in this time. for example, i'm using it to spend time with my little nephew, and sell everything i can't bring with me on ebay/gumtree, and plan the wedding. you're almost there, find out what is happening with your petition, but i'm sure you'll be approved and on your way to your better half very soon

[Gloves 0]

You should have your girlfriend contact a U.S. Senator or Congressman. You're beyond the estimated time frame for approval now. Some petitions from November 2011 have been approved according to timelines on this website. It would be good to find out what's going on, or at the very least get something moving at this point.

Thanks for the advice Paul. We actually contacted her congresswoman last week and she was very helpful. After putting in a few inquiries at USCIS she told us that if we haven't heard from them by 1st March that our petition would be expediated guaranteed so at least we have a fall back date which is looking more and more like it will be 'the' date!

[Gloves 0]

Thank you guys for the opinions and support. It really was a help coming back on and seeing all the replies and knowing that I'm not the only one struggling with this concept! I completely, absolutely and entirely agree about making the best of my time at home while I can. Who knows when I'll be back and I'll certainly miss the place and people when I'm gone! PS. loving the money in the bank analogy...so true