Why doesn't the DACA affect I-129F's like it does I-130's?

[loladolly 51]

Do what you want. I was becoming almost insane after over 6/7 months of waiting and seeing that it was not getting any better...

Instead of sitting there i tried to help myself, contacted senators and congressman, cis ombudsman... maybe it helped maybe it did not but at least i had the feeling that i was helping getting things moved on...

good luck

Edited October 21, 2013 by loladolly

[loladolly 51]

And i know what you are feeling with NBC, i am an AOS interview waiver case (it is looking like it so far) and i am also in a huge line at NBC (or transferred at my local office idk) and cannot expect me approval before sometimes this spring. Case status stuck on acceptance...

[r060106 109]

Do what you want. I was becoming almost insane after over 6/7 months of waiting and seeing that it was not getting any better...

Instead of sitting there i tried to help myself, contacted senators and congressman, cis ombudsman... maybe it helped maybe it did not but at least i had the feeling that i was helping getting things moved on...

good luck

I will definitely be doing that when my wife and I hit the 6/7 month mark without an approval, which I don't doubt we will experience. Thanks for the input.

And i know what you are feeling with NBC, i am an AOS interview waiver case (it is looking like it so far) and i am also in a huge line at NBC (or transferred at my local office idk) and cannot expect me approval before sometimes this spring. Case status stuck on acceptance...

Oh wow, that sucks. Sorry to hear that. The best of luck to you, and to us all.

[Harpa Timsah 13,258]

Of course my viewpoint is very biased, but it seems to me triaging could be implemented for this process.

Long marriage (3+ years) goes into an efficiency queue, unless in high fraud country.

Low fraud country gets put into a second tier queue.

High fraud, fiances, third tier.

Red flaggers in general, at bottom tier.

It seems a file could be analyzed fairly quickly to determine where it gets triaged, and people with easy, clear cut cases get adjudicated faster.

While it's certainly not in the spirit of first come, first served, it works (in reverse) for emergency rooms, so it could be a better process for immigration.

How would this help? Each petition takes about 20 minutes to be adjudicated. The rest of the time is waiting in line to get to that point.

If they put certain people in a different line, then eventually lower level people would never get adjudicated, and they would wait forever because new higher level petitions would keep coming in.

[r060106 109]

How would this help? Each petition takes about 20 minutes to be adjudicated. The rest of the time is waiting in line to get to that point.

If they put certain people in a different line, then eventually lower level people would never get adjudicated, and they would wait forever because new higher level petitions would keep coming in.

At least there would be some order to all of the chaos. Just saying.

[r060106 109]

It really is quite shocking and depressing seeing how fast I-129Fs are getting approved for fiances. Just really really sucks and throws any confidence I had when I started this process out the window. So depressing. I don't even know how to react or what to say anymore.....

[En-oh-eh-to now 147]

It really is quite shocking and depressing seeing how fast I-129Fs are getting approved for fiances. Just really really sucks and throws any confidence I had when I started this process out the window. So depressing. I don't even know how to react or what to say anymore.....

And the non-immigrant visa excuse for I-129Fs? Invalid, since USCIS is ignoring our I-129Fs for K-3 visas. Bring back the K-3!!!!!!!!!!!!

[r060106 109]

And the non-immigrant visa excuse for I-129Fs? Invalid, since USCIS is ignoring our I-129Fs for K-3 visas. Bring back the K-3!!!!!!!!!!!!

What do you mean "the non-immigrant visa excuse for I-129Fs"?

Yes, I agree. They need to bring it back. So terrible....

[Boiler 45,525]

Isn't it all worth it? Obama was re-elected.

[r060106 109]

Isn't it all worth it? Obama was re-elected.

Huh?

[Kaylara 814]

What do you mean "the non-immigrant visa excuse for I-129Fs"?

Yes, I agree. They need to bring it back. So terrible....

The K3 is a non-immigrant visa. You have to adjust your status once you're here.

[Kaylara 814]

Do what you want. I was becoming almost insane after over 6/7 months of waiting and seeing that it was not getting any better...

Instead of sitting there i tried to help myself, contacted senators and congressman, cis ombudsman... maybe it helped maybe it did not but at least i had the feeling that i was helping getting things moved on...

good luck

I'm at the 7 month mark and have been contacting everyone I can think of for the past month, and I haven't gotten a response from any of them. Not my senators, nor my congressman, or the CIS ombudsman. All I'm getting is the feeling that no one gives a #######. So, um, yay?

[Kaylara 814]

Actually, the immigrant/non-immigrant thing makes some sense. USCIS is investigating spousal visa recipients for permanent residency before they are forwarded to the DoS and consulates for visa interviews. The K-1s will get that level of scrutiny during AOS and, I imagine, that part of the process for them is being affected by DACA as well. My wife and I went the K-1 route and it was frustrating for us to watch some other I-129Fs who filed 2, 3 or even 4 months after us fly through in as little as 8 days while we waited 6 months to get to her visa interview. Even a lot of people who filed later and received RFEs got their approvals before we did (and we had no RFEs.) Every case is different and every adjudicator/office works at their own pace. I gave up trying to second guess what they do at USCIS.

That said, it's not quite as simple to come to the U.S. to get married as you say it is, even if you have no intention of staying and living in the U.S. VWP countries are the exception not the rule and most people from the rest of the world would most certainly need a fiance(e) visa even if they had no intention of living in the U.S. after marriage. Even with a valid (and usually difficult to obtain) tourist visa in hand, the risk of planning a U.S. wedding is too great because if the border patrol officer suspects that you might have the intent to adjust status from a tourist visa, you have a very good chance of being turned back at the border. Having the K-1 takes "immigrant intent" off the table as a reason to deny U.S. entry.

Anyhow, I know the waiting isn't easy and I hope you get your approval soon... Best of luck!

Thank you!

I can see your point, but understand, I lived over in the Netherlands with my husband for close to 8 years. We already went through the background checks, etc, and I'm certain that the government still has the results of those checks somewhere. We have two kids together. My husband is not from a high fraud country. The people who are coming over on the K1 visa get to stay in the country, with their prospective spouses, until they either get married and can do the AOS, or decide to leave (possibly within 90 days, but then again, maybe not.) My husband can't even come *VISIT* us. That's bullcrap.

I don't think you're correct about the fiance visa, as it specifically states that it's for people who intend to stay in the US after marriage. If you don't plan on staying in the US, you don't get the visa. And from what I understand, AOS from a tourist visa is extremely difficult to accomplish. Having the K1 proves that you have intention to move to the US. And as far as I understand, an immigrant or tourist can be denied entry at any time and for any reason and they have little recourse.

[ryna 132]

Yeah, the K-1 route is looking like a really good option in hindsight. Are you saying that waiting is better than the whole AOS process etc.? Cause honestly, right now I'd much rather be with my wife (and child, which makes it harder) and go through AOS, than be without them. Just saying.

No, not at all. The being apart was the worst. It was one of thee main reasons that we decided to go the K-1 route. Even at a bit over 6 months (before visa), plus 8 months for AOS, it was still quicker than meeting the requirements for us to get married in her country and then waiting the 1+ year (at the time) for a spousal visa.

It is true that it is better to wait for AOS to be approved while with your loved ones in the US. But think about it, people like me who had a long K1 process also have a long AOS process in front of them (especially interview waiver cases like mine) which delays filing for ROC and citizenship later. We never get used to waiting and i find it crazy that K1 waiting time for AOS to be approved is nearing 9 months right now. With the spouse visa, you become a LPR right away and are done with uscis for a little bit.

Yep, we also watched some AOSers fly through in 1 a month or two, with RFEs, while we had to wait just over 8 months, with no RFEs and an interview to boot at our local office. Which to me is still amazing because we had what I thought was the simplest of cases - no prior marriages, no children, no obvious red flags like big age difference, difference in religion, etc.

As far as fraud... The only "heard it from the horse's mouth" (well, horse's mother's mouth) case I've come across went something like this:

Overheard between two people at a mutual acquaintance's gathering:

Woman 1: How's your daughter and her new husband doing?

Woman 2 (horse's mother): Oh, they split up.

Woman 1: Really! It's only been 3 months!

Woman 2: Yeah, he got his Green Card really fast, in just over 2 months.

Woman 1: Huh? But, what about the email congratulating them that you sent out to everyone when they got married?

Woman 2: We had to make it look real!

Given that my wife and I were on month number 6 of our 8-month wait and still completely in the dark regarding her AOS, I was livid and they are very lucky that I, to this day, still have no idea who they are. My only hope is that they got burned at ROC (which was before my wife's because their fraudster case flew through AOS in 2 months!)

Oh, and that "high" fraud country.... Canada. So, you'll have to excuse me when I see people talk about high-fraud countries and act as if they should be at the front of the line because their wife/fiance(e) is from a VWP or other "low" fraud country. People from every corner of the planet try to cheat the system and everyone needs to be in the same line as far as processing goes.

Edited October 21, 2013 by ryna

[loladolly 51]

No, not at all. The being apart was the worst. It was one of thee main reasons that we decided to go the K-1 route. Even at a bit over 6 months (before visa), plus 8 months for AOS, it was still quicker than meeting the requirements for us to get married in her country and then waiting the 1+ year (at the time) for a spousal visa.

Yep, we also watched some AOSers fly through in 1 a month or two, with RFEs, while we had to wait just over 8 months, with no RFEs and an interview to boot at our local office. Which to me is still amazing because we had what I thought was the simplest of cases - no prior marriages, no children, no obvious red flags like big age difference, difference in religion, etc.

As far as fraud... The only "heard it from the horse's mouth" (well, horse's mother's mouth) case I've come across went something like this:

Overheard between two people at a mutual acquaintance's gathering:

Woman 1: How's your daughter and her new husband doing?

Woman 2 (horse's mother): Oh, they split up.

Woman 1: Really! It's only been 3 months!

Woman 2: Yeah, he got his Green Card really fast, in just over 2 months.

Woman 1: Huh? But, what about the email congratulating them that you sent out to everyone when they got married?

Woman 2: We had to make it look real!

Given that my wife and I were on month number 6 of our 8-month wait and still completely in the dark regarding her AOS, I was livid and they are very lucky that I, to this day, still have no idea who they are. My only hope is that they got burned at ROC (which was before my wife's because their fraudster case flew through AOS in 2 months!)

Oh, and that "high" fraud country.... Canada. So, you'll have to excuse me when I see people talk about high-fraud countries and act as if they should be at the front of the line because their wife/fiance(e) is from a VWP or other "low" fraud country. People from every corner of the planet try to cheat the system and everyone needs to be in the same line as far as processing goes.

I have an easy case as well... Just like you, never married before, same color and religion etc... no red flags at all. Plus we even had a son before our marriage. No RFE so far but no interview and while many july filers like me already got their interview i strongly believe i am an interview waived case... So i am at about 3 months wait right now and i am expecting at least another 3/4 months... or more. I hate how some cases got an interview so fast they already have their GC and us? We wait....

I'm at the 7 month mark and have been contacting everyone I can think of for the past month, and I haven't gotten a response from any of them. Not my senators, nor my congressman, or the CIS ombudsman. All I'm getting is the feeling that no one gives a #######. So, um, yay?

Maybe your senators and congressman are not really efficient, try again and again. The purpose of all of this is that they receive so many inquiries on so many people's cases that they may consider changing something....