I-129F processing delay - should we switch to I-130?

[syvpeppy 1]

USA citizen petition I-129F submitted February 2013. Receipt date received shows as March 4th. Canadian fiance still has not received any application package. We have had no contact at all at either end. Our case shows online as "initial review". We visited a government office who checked on the file and shows the USA citizen was given an alien number by mistake on March 12, 2013. They say this is just a glitch and shouldn't affect anything.

When we started the process, we spoke with USCIS a couple of times who suggested 4-6 or 7 months processing time. We questioned how are we expected to plan a wedding date / how far ahead. Customer service reps thought October 2013 would be plenty of time.

Well, it is almost June and processing times are now showing backed up to October 2012 at the Vermont center.

We notice the I-130 is also backed up to October 2012. We spoke with US Customs who advises if we decide to switch paperwork and get an Ontario Canada marriage licence, the Canadian spouse can still visit the US for six months at a time but will be scrutinized more at the border, expecting to show proof of residency and proof of continued employment in Canada.

Is it wise to "start over" with an I-130 / get married here in Ontario? We realize it would mean losing the initial fee already processed.

Is the proof of financial sponsorship of the US spouse any easier if we are already married? The Canadian in this relationship has the more profitable income/employment which she will be leaving to live the States with her new husband.

[KayDeeCee 4,896]

With this process you cannot really choose a date to wed and plan everything around it. You must plan everything around immigration instead. You can pick a tentative date, but never set it in stone or put down non-refundable deposits. Immigration times are too iffy for that. Even if the times were correct, there are other things that could delay it, such as RFEs, being placed in AP, and long watiing times to schedule interview appointments. Both service centers are running behind and very slowl lately. It would be cutting it close to even set a tentative date a year after filing.

Getting married now will make your wait longer. You must start again and wait. The support is the same. You file an I-134 for the K-1 and then the I-864 for AOS after you are married. With the spoual visa, you file the I-864. With the CR-1, you become a permament resident upon entering the US and can work and travel internationally right away. With the K-1, you cannot work or travel and re-enter the US without first applying for AOS and getting the EAD/AP or green card.

You will not save time by withdrawing your I-129F, getting married and filing for a CR-1 instead. The foreign spouse/fiance(e) can visit while waiting. They just need to show strong ties to their country. http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

[Lynkali 163]

USA citizen petition I-129F submitted February 2013. Receipt date received shows as March 4th. Canadian fiance still has not received any application package. We have had no contact at all at either end.

Welcome to the world of the fiance visa: waiting, waiting, and more waiting. I'm sorry to disappoint, but you're in for a long wait, and there's no reason why your Canadian fiance would ever have been contacted yet. You're totally within the norm and everyone else is waiting right along with you.

If your NOA1 was March, it's likely that your petition might be approved by October. Possibly by September if you're lucky and Vermont speeds up a bit. After that, it will take a further two months minimum (more likely 3 months) for your fiance to work through the consulate stage on her end. You're probably looking at a December wedding, assuming things stay about the same as they are now.

Customer service reps at USCIS are next to useless. They are not trained and have little actual experience other than reading from a script they're given. It's no surprise that they gave you false hope, but I am sorry for you all the same.

As Jay-Kay said, there is no way to plan any firm dates with either the K-1 or the spousal visa. That's the life of the visa petitioner, unfortunately. I don't recommend changing to the spousal visa at this point, because the wait is just as long (if not longer) -- unless your fiance really needs to work right away upon entering the USA. That's the major difference and for some people, it is necessary. Otherwise just stick with it and join the waiting club here!