Waiting 16 months for K1 visa

[rsempv 1]

Hello fellow visa-journeypeople,

My fiance and I have been waiting for our visa for 16 months.

Yes, 16 months. We sent in our application Sept 2012. We had our interview at the Cuban Interests Section (equivalent of an embassy) in June and the visa was approved. My fiance turned in his medical review just after July 4th. We have been waiting in administrative processing since then. In December we got my Congressperson involved and finally saw an update through the CEAC website, but nothing more.

I've poured through old threads on VJ. I've been submitting resumes to work in Cuba and looking into getting a Master's in Cuba. My fiance gave up a professorship at the University of Havana. My living situation in NYC has been unstable as I had estimated him arriving by May, then August, then September, and then it changed to "sometime very soon."

What we know from my Congressperson's office and from the Interests Section (I got to talk with somebody) is that the visa is stuck in security checks and there is nothing we can do about it.

I'm looking to crowd-source ideas. Some ideas so far:

• I have savings, and have considered leaving my job and moving to Havana until the visa is ready. This would require traveling back and forth to Cuba every 60 days, which will eat out of my savings, and mean that I don't have work when I get back. I am getting certified to be a substitute teacher so that I have something to fall back on, and my fiance can work as a day laborer.
• Get legally married in Cuba. This will allow me to travel to Cuba more easily from the US. It will also allow me to apply for Cuban residency and look into a job/Masters program more easily. I would have to rely on savings, and we would have to begin the visa process all over again - this time for a spousal visa.
• Consider moving to a third country together. This feels like more of a stretch. He can apply for academic fellowships. We are especially considering Mexico because I am eligible for Mexican citizenship.

Thank you.

[rsempv 1]

It's also been suggested by family members that I leave my current job as a community organizer, because they think my organizing could be what is tying up the security clearances.

[Sarah&Michel 6]

Hi-

I am really sorry to hear that your case is taking so long. Our case also had to undergo further administrative processing but in the end, my husband got his visa within 2 months.

It's always good to get your representatives involved-- I would also contact your senator. You're in NY, right? I got Senator Gillebrand's office involved, and while there is no much they can do (since it's really an issue with Homeland Security) it's nice to know that someone is lobbying on your behalf.

I wouldn't leave your job as a community organizer. Really, the security clearance issue has to do with your fiance and not with you. Does your fiance work in a science or technology related field? Did he work for the government? These are possible reasons as to why his case may have been flagged. For some reason, his name came up in one of Homeland Security's databases (he may just have a common name).

In any case, it's good you're thinking about your options, since unfortunately, AP can take up to two years to complete. However, I would caution you against eating in to your savings. When your case finally is approved, and he comes to the US, you will need a reserve to tide you over the first couple of months. My husband arrived to the US in September 2012 on a K-1 visa. He didn't get his work authorization until January 2013 and it was another 5 months until he found a stable job. So, it was good that I had enough money to keep us afloat those 9 months.

If the most important thing right now is to be together, I would consider getting married in Cuba and moving there. But know that if you start the visa process all over again, you will most likely have to endure administative processing again. Whatever is causing your case to be flagged will surely resurface when you apply for the CR-1 visa.

Personally, if I were in your situation, I would continue to look for and apply to jobs in Cuba but I would also keep my job in the US as well as my apartment, etc. Perhaps a substitute teaching job would give you greater flexibility in terms of spending more time in Cuba. But in the end, I think it's really important not to use all your savings since you will need that money for when he arrives and for all the other paperwork you will need to do along the way.

Anyway, sorry if this long winded. I hope that all of this gets resolved quickly. Good luck with whatever you decide!

Edited January 13, 2014 by Sarah&Michel

[rsempv 1]

Hi-

I am really sorry to hear that your case is taking so long. Our case also had to undergo further administrative processing but in the end, my husband got his visa within 2 months.

It's always good to get your representatives involved-- I would also contact your senator. You're in NY, right? I got Senator Gillebrand's office involved, and while there is no much they can do (since it's really an issue with Homeland Security) it's nice to know that someone is lobbying on your behalf.

I wouldn't leave your job as a community organizer. Really, the security clearance issue has to do with your fiance and not with you. Does your fiance work in a science or technology related field? Did he work for the government? These are possible reasons as to why his case may have been flagged. For some reason, his name came up in one of Homeland Security's databases (he may just have a common name).

In any case, it's good you're thinking about your options, since unfortunately, AP can take up to two years to complete. However, I would caution you against eating in to your savings. When your case finally is approved, and he comes to the US, you will need a reserve to tide you over the first couple of months. My husband arrived to the US in September 2012 on a K-1 visa. He didn't get his work authorization until January 2013 and it was another 5 months until he found a stable job. So, it was good that I had enough money to keep us afloat those 9 months.

If the most important thing right now is to be together, I would consider getting married in Cuba and moving there. But know that if you start the visa process all over again, you will most likely have to endure administative processing again. Whatever is causing your case to be flagged will surely resurface when you apply for the CR-1 visa.

Personally, if I were in your situation, I would continue to look for and apply to jobs in Cuba but I would also keep my job in the US as well as my apartment, etc. Perhaps a substitute teaching job would give you greater flexibility in terms of spending more time in Cuba. But in the end, I think it's really important not to use all your savings since you will need that money for when he arrives and for all the other paperwork you will need to do along the way.

Anyway, sorry if this long winded. I hope that all of this gets resolved quickly. Good luck with whatever you decide!

Sarah - Thank you for the response. This is really helpful. We've considered setting a date by which if the visa is not ready, I'd move to Cuba. We have been a couple for over four years, both have graduated from college in the past few years, and are looking to buy a home, travel, be present with our families in Miami and Havana.

My fiance and I both have very uncommon names. My fiance does not work in science, technology, nor the military. He is a historian. He was part of the Juventud, but joined at age 14 and has been inactive. He tried to officially leave the Juventud but it turned out it would require a lot of formal steps that seemed unnecessary. Nobody asked about it at his interview, and if they had, we believed it would be a non-issue. I'm not sure if this is a random case of administrative processing taking a long time, or a problem that will be resolved, or won't be resolved.

I'm not really sure what couples do when their visa get denied. I'd be interested in hearing stories from people who have stayed with their partner after having a visa denied.

I should have clarified about work - my fiance has also done construction in his own home and friends' homes, and my father is a subcontractor in Miami. My father has said that my fiance can work with him part-time until he finds more stable work. Not ideal, but good. There have also been detailed conversations about my fiance and I taking over my father's business within the next few years. This would require a lot of work and lag time, but is an option for us.

[KayDeeCee 4,893]

~ Moving from K-1 Process to Waivers and Administrative Processes since topic is about being in AP after visa approval ~

[calygirl75 12]

What a quagmire! Unfortunately with AP, you are held to their timeframe not yours. Sarah is right about the expenses you will face once he arrives.

My husband and I went the CR1 route. We married in Havana Nov 2012 abd he arrived late Nov 2013. It took a little over a month for him to get his greencard, SSN, and driver's license. This requires less wait time (if all goes well) to get them up and running in the states once they arrive. He is now pursuing medical re-certification and working odd jobs in the process, etc. But still it can be difficult if you don't have a cushion to fall back on.

I at one point thought about relocating to Havana and work remotely. Attempted to connect to the home office via my laptop etc. The landline was horrific. It's a lovely city but the infrastructure can really make that option an interesting journey. If you can find a creative way to make a living while you wait for his visa, why not! I wish you well!

[tila_vida 6]

One other note I would add here: I moved to cuba for 3 months to be with my fiance. I did not need to leave after 60 days. I simply needed to go to the local immigration office, pay 25 cuc in sellos every 30 days. I was told I could continue to do this for 6 months. it was absolutely worth it. we lived economically using his ration from the bodega to cook food.

Hope this helps.

[cuba1428 2]

One other note I would add here: I moved to cuba for 3 months to be with my fiance. I did not need to leave after 60 days. I simply needed to go to the local immigration office, pay 25 cuc in sellos every 30 days. I was told I could continue to do this for 6 months. it was absolutely worth it. we lived economically using his ration from the bodega to cook food.

Hope this helps.

[cuba1428 2]

One other note I would add here: I moved to cuba for 3 months to be with my fiance. I did not need to leave after 60 days. I simply needed to go to the local immigration office, pay 25 cuc in sellos every 30 days. I was told I could continue to do this for 6 months. it was absolutely worth it. we lived economically using his ration from the bodega to cook food.

Hope this helps.

Wow I loved your story, I am in the same process and I am a quite nervous because of the Cuban embassy the make everything so difficult, my a fiancee and I are desperate to finish this process it is very stressful, for the last couple year I been traveling to Cuba every two or three month and believe I had to spend crazy money in phone calls and other thing, just want so say thank you for share your experience with us, I was looking for some one who has or had there processing Cuba. Thanks 1 more time

[thedude6752000 360]

You are over 1 year, which is considered excessive. You should look into filling a writ of mandamus, which will force the State Department to make a decision on your case. People here are going to warn that this could result in a denial, but they're already denying you spouse entrance to the US, so what's the difference? This has worked for many people stuck in this same situation. You will need a lawyer. Especially since you are considering moving, you should definitely consider it; at least a denial would make your decision to move to another country easy. On the other hand, you have a very good chance of getting an approval. Win/win.

[MUXAGIRL 69]

Da FAQ! AP sucks and what sucks even more is it is such an open ended process seems like designed to ruin lives!

Before you file WOM, have a read about a case study here, may be it will give you few more ideas. You can not file WOM before you exhaust all possible legal avenues.

http://www.hooyou.com/news/news071309greencard.html