Marriage in the US - K1 pending

[Jcf 0]

Hi everyone,

We filed for K1 back in June and still no NOA2, so it's been 8 months. We have filed 2 service requests already and talked to pretty much anyone we could (senators, congressmen etc) and none of it helped. From what I saw on Igor's list everyone from June has been approved already (the ones who are still waiting got an RFE which is not my case). Our case is pretty simple so I really don't understand why it's taking so long, I feel like they lost our package.

I came to the US with my tourist visa in November and had a ticket back home in December (which I've been changing ever since waiting for the approval). I can stay until May.

I've been told you could get married here and apply for AOS and wondered if we should do it. We are way behind processing times compared to everyone else and it's really taking a toll. We just want this to be over and it's not like we're trying to take a short cut, we have done everything we could. And even after NOA2 it will take 2 months to get an interview and later on get married, apply for AOS etc.

I did not come here with the intent of getting married, I visited 2 times before for a couple of weeks and went back home. If I wanted to get married here I could have done it back then or right after I got here in November. I know the K1 is a proof we were planning on getting married, but that means eventually (after the approval), I mean we waited 8 months for it.

What do you suggest? And "hanging in there" is becoming less of an option everyday...

Thanks!

[Harsh_77 718]

For K1 to get thru 6 - 9 months is a standard time.

If you are at 8 month mark and as you said lot of ppl who applied with you or around you have been approved, yours should be approved anytime soon too.

[Corinthians 7]

I would suggest finding something else to focus on while you wait for the approval. We were in a similar situation (so I know how miserable this can be) and the approval came through eventually.

I wouldn't want to complicate the process by marrying and then going the AOS route but it is really up to you. Good luck whatever you decide.

[aaron2020 11,651]

Wait it out.

You have a k-1 pending. USCIS will not believe that you had no intent to get marry and adjust on your tourist visa at this point.

[N-o-l-a 7,167]

There are quite a few I-130s from June at VSC not yet approved. I know you have a I-129F, but I wouldn't lose hope yet.

Personally, I wouldn't recommend what you are thinking - you could end up in a world of trouble if USCIS decides they don't like the story. Plus, things might not go so smoothly next time. We had a completely smooth and easy I-129F process and never once had to call to USCIS and had no RFEs. Our I-130 has been a steaming pile of you know what.

Stay the course, you'll be glad you did.

[lost_at_sea 995]

I've been told you could get married here and apply for AOS and wondered if we should do it. We are way behind processing times compared to everyone else and it's really taking a toll. We just want this to be over and it's not like we're trying to take a short cut, we have done everything we could. And even after NOA2 it will take 2 months to get an interview and later on get married, apply for AOS etc.

Thanks!

Entering the US on a tourist visa with intent to marry (and doing so) is visa fraud, and since you have a k1 petition pending, it's pretty clear you have intent to marry. You risk a US entry ban for a number of years for visa fraud, and since you've already invested 8 months waiting it seems super crazy to consider something that could result on your not being able to emigrate at all. No one on here will recommend you try this.

Edited February 22, 2013 by lost_at_sea

[Andreea&Kevin 38]

Entering the US on a tourist visa with intent to marry (and doing so) is visa fraud, and since you have a k1 petition pending, it's pretty clear you have intent to marry. You risk a US entry ban for a number of years for visa fraud, and since you've already invested 8 months waiting it seems super crazy to consider something that could result on your not being able to emigrate at all. No one on here will recommend you try this.

I agree with this. Plus you have another 3 months you can stay legally in the US. Consider yourself very lucky to be waiting for your NOA2 and not being seperated from your fiance.

[JensJrny2Ray 367]

Like the above poster said, wait. You are fortunate to be with your fiance. Hanging in there IS an option because you're already with your fiance.