Whats wrong with USCIS?

[del-11-03-13-3 11]

So not having a piece of paper yet, one that I have to get so my fiancé can stay in the US as is the terms of a K1 makes my relationship any less valid, any less bonafide? Marrying right before getting a visa would make it more valid? You do know we still have to prove a bonafide relationship after 2 years right? We all are suffering during separation, married or unmarried, a piece of paper doesn't really make it more. It makes more sense to criticize how long people have been together than if they are going for a spousal or fiancé visa. You could say people who have known each other for 6 months and marry then file for a spousal visa has a less bonafide relationship than fiancés who have been together for years. But putting people into a hierarchy based on marital status or relationship length (or even so far as quality) is useless fighting. Why don't they have an option for spouses like K1 process, you come over and wait for conditional green card (+waiting months to work) then 2 years later go through more work to get a regular green card? Something to make the wait apart similar and then the rest you do while both people are in the US. In the end, long waits keeping loved ones apart is unacceptable and everyone should get a quick process.

Edited October 31, 2013 by LoveinBrazil

[Protocol417 161]

Nope, after the NOA2 is issued it's pretty much the same (minus the fact that CR-1s need to file an AOS. Actually, I think it's shorter for K-1s after they get their NOA2 because they don't spend a lot of time at the NVC from what I've read, and also get to schedule their own interview date, which CR-1s aren't allowed to do. Someone please correct me if I'm wrong. The NOA2 part is the one that causes CR-1s to be so slow because right now it's taking anywhere from 12-16 months, whereas K-1s are getting their NOA2 in 2-3, it appears. Terrible is an understatement for the current state of I-130s.

Depends on what "a lot of time" means. I honestly have no frame of reference here because I haven't been involved in the CR1/IR1 process at all. For K-1s, my understanding was that NVC doesn't actually do much with the approved applications except forward them to the embassy. Despite this, it still took 1.5 months for us, which is about 3 times what the turnaround used to be.

But no, we don't get to schedule our interview date. If you call the embassy, they will say they can't help you and you need to complete an online inquiry. You do that, and a week or so later you just get a canned response that basically says "wait for your letter".

When I was in the NOA1-NOA2 phase, it was about 3-6 months for NOA2. We got ours in 4, which was nice, we were on track to make our wedding day at that point, so we started with the wedding planning, which ended up being a bit of a mistake. The instructions say that it goes really fast after you get your NOA2 but actually, for us it's been longer (or, rather, will have been longer once we complete this part) than the processing at USCIS. Because of the ever-shifting schedules and delays, we've had to keep scaling back our wedding plans to the point where we can basically get up and married with at most two week's notice, which means our venue is... not precisely traditional (I really don't know how other people manage to pull off these huge traditional weddings when going through the K-1 process). This is making me extremely nervous, though; I'm worried that a really basic wedding in an unusual venue will throw up red flags when my fiance goes to apply for his green card.

Question about dealing with the UKBA as you mentioned: You said your "marriage visit visa". Is this just to let the non-UK citizen into the country to get married, with the intent of returning to their home country? Or was that for immigration purposes, too (like a K-1 ultimately is)?

[GoLdEnSkY99 54]

AND

Enough Said.

[Hollyday 122]

Why don't they have an option for spouses like K1 process, you come over and wait for conditional green card (+waiting months to work) then 2 years later go through more work to get a regular green card? Something to make the wait apart similar and then the rest you do while both people are in the US. In the end, long waits keeping loved ones apart is unacceptable and everyone should get a quick process.

Well you might not be aware of it but the initial GC you get in the IR-1/CR-1 process is for 2 years (unless you've been married over 2 years). So in 2 years we also have to go through the process of lifting the conditions to get a 10 year one.

[del-11-03-13-3 11]

Well you might not be aware of it but the initial GC you get in the IR-1/CR-1 process is for 2 years (unless you've been married over 2 years). So in 2 years we also have to go through the process of lifting the conditions to get a 10 year one.

I'm not very familiar with the spousal visa since I didn't go

[del-11-03-13-3 11]

Well you might not be aware of it but the initial GC you get in the IR-1/CR-1 process is for 2 years (unless you've been married over 2 years). So in 2 years we also have to go through the process of lifting the conditions to get a 10 year one.

But there is still some differences, spouses don't have to AOS, they get their GC immediately. How about an option spouses could go through AOS? Isn't K3 that they don't really do now supposed to be like that? That graph is crazy and it's incredible that the problem has been going on so long without resolution.

[MacauPDX 24]

I realize the wait is frustrating. But its unfair to compare one type of Visa to another, or say that one type of relationship is more important.

I'm sure I'm not the only parent separated from their children who would disagree with you. In fact, I'd venture that you might even agree that where kids are involved it ought to be a priority to reunite families before fiancés...

[RobBell 32]

Enough Said.

There's a big difference between saying one type of relationship is more important than another and fairness in the processing. Of course the time frames for both the I-129 and I-130 should be closer together in processing times, but not prioritized one over another.

Everyone's situation is different and everyone should be given a fair chance at happiness with their loved one.

[Kaylara 814]

I'm sure I'm not the only parent separated from their children who would disagree with you. In fact, I'd venture that you might even agree that where kids are involved it ought to be a priority to reunite families before fiancés...

I absolutely agree with you. It wouldn't be so hard if we didn't have kids.

[del-11-03-13-3 11]

I'm sure I'm not the only parent separated from their children who would disagree with you. In fact, I'd venture that you might even agree that where kids are involved it ought to be a priority to reunite families before fiancés...

Or spouses with no kids.

So the hierarchy would go:

Spouses with biological kids together longer than 3 years

Spouses with biological kids less than 3 years together

Spouses together longer than 3 years

Fiancés together longer than 3 years

Spouses together less than 3 years

Fiancés together less than 3 years

We can argue how many years would make a relationship more deserving for processing but that general order makes sense to me.

[B & G 200]

I am not going to argue which visa should be given priority over the other. Regardless of the visa K1 or CR1/IR1, they are both filed by a USC, they should be treat and approved at an equal rate. Someone previously commented that CR1/IR1 visas should been given prioriry over K1 especially when children are involved. Just want to point out the a K1 filer can have children just as much as spousal couple.

And I agree that petitions involing children should be given priority over everyone else. I wouldn't mind waiting an extra month, for example, because a petition that includes children in adjusticated before me... whether its a K1 or CR1/IR1 filer.

How about we stop bashing each other, it is not a K1 filer's fault that their petitions are approved in such little time. The burden of the blame lays squarely on USCIS and their complete lack of organisation.

[LoveMyTico 999]

Or spouses with no kids.

So the hierarchy would go:

Spouses with biological kids together longer than 3 years

Spouses with biological kids less than 3 years together

Spouses together longer than 3 years

Fiancés together longer than 3 years

Spouses together less than 3 years

Fiancés together less than 3 years

We can argue how many years would make a relationship more deserving for processing but that general order makes sense to me.

I don't know where the 3 years would come into it. or where you came up with that figure...

Fiances LAST... and Of course I have no problem with Married w/children being before me.

Married one year or married 10 years..... STILL MARRIED. Fiance 1 year or Fiance 10 years. STILL NOT MARRIED...

You can have 3 kids with someone and marry them right after the last kid is born...

Marriage cert is proof of a commitment.

[cdneh 3,112]

There's a big difference between saying one type of relationship is more important than another and fairness in the processing. Of course the time frames for both the I-129 and I-130 should be closer together in processing times, but not prioritized one over another.

Everyone's situation is different and everyone should be given a fair chance at happiness with their loved one.

It's comparing apples to oranges. K1's do their bits and pieces once they get here. CR1's, as they are getting the Green Card on approval have to do it first. These are two groups standing in entirely separate queues. The progress, or lack of it in one queue has nothing to do with how fast the other queue moves. Not all that long ago the shoe was on the other foot, k1's were dragging and CR1's were speedy.

K1's made the decision to go that route, same as those choosing the spousal visas. Some people chose to have children before starting the immigration paperwork, some did not, whatever the type of visa they wait on. Those are personal choices, and USCIS isn't bound in any way by choices petitioners make. While no one of any type enjoys the wait, bashing each other, and getting angry serves no useful purpose really. USCIS is the only game in town.

[del-11-03-13-3 11]

I don't know where the 3 years would come into it. or where you came up with that figure...

Fiances LAST... and Of course I have no problem with Married w/children being before me.

Married one year or married 10 years..... STILL MARRIED. Fiance 1 year or Fiance 10 years. STILL NOT MARRIED...

You can have 3 kids with someone and marry them right after the last kid is born...

Marriage cert is proof of a commitment.

I see this country really values the marriage commitment, is that why there is a 50% divorce rate? If you really want to get into who deserves to get processed more, a piece of paper shouldn't dictate it. Time together, kids, and quality of the relationship all matter more than a piece of paper. We could all go to a government sanctioned relationship evaluator and let them order us up over who deserves the shorter separation. SMH

[Blueberry Pancake 311]

I am not going to argue which visa should be given priority over the other. Regardless of the visa K1 or CR1/IR1, they are both filed by a USC, they should be treat and approved at an equal rate. Someone previously commented that CR1/IR1 visas should been given prioriry over K1 especially when children are involved. Just want to point out the a K1 filer can have children just as much as spousal couple.

And I agree that petitions involing children should be given priority over everyone else. I wouldn't mind waiting an extra month, for example, because a petition that includes children in adjusticated before me... whether its a K1 or CR1/IR1 filer.

How about we stop bashing each other, it is not a K1 filer's fault that their petitions are approved in such little time. The burden of the blame lays squarely on USCIS and their complete lack of organisation.

100% agree.