An uncomfortable question - can a K1 take more than two years?

[MacUK 983]

That was so sad to read. Didnt you ask for a case number to check on USCIS from your exfiancee? Or didnt you call USCIS to check on your case status? I think as a beneficiary, you have a right to call USCIS as well, right?

Well, I trusted her implicitly and thought she wanted us to be together as much as I did then.

Never occurred to me that I'd need to check up on her.

[MacUK 983]

Mac, what a horrible story. I think that youre lucky having broken up with her! If she used the US postal service to send you anything, the USPS takes mail fraud very, very seriously, and you can still file a complaint if you have evidence. The limitation of actions (= statute of limitations) block most legal action after 2-3 years, but not in the case of mail fraud. Sent past state borders it becomes a Federal Issue and unlike the FBI or local police who would be useless , USPS investigators take mail fraud seriously. Even if they take no immediate action, they might issue a warrant and it may pop up in the future, and she might find herself arrested from a routine state police traffic stop. It would serve her right to be haunted by past bad deeds.

I have no desire to have her arrested! It was a lesson learned and I still have 2 beautiful children from it even if I don't get to see them.

[Caryh 5,206]

There's a very simple way for her to check into it and see if it's true or if she's being played. If what the US Citizen says is true, then that means they've received the NOA1. I would suggest that the Filipina ask her fiance for a scan of the NOA1 and check the status herself on the USCIS website. There are NO excuses for not getting that sent, if the story is true. If not, it's a matter of seeing what excuses will get invented for not having the NOA1 at hand...

My dog ate the NOA1, don't you trust me?

There is really no reason to go two years between NOA1 and NOA2. Although it is possible for USCIS to lose or misplace a petition, he should have followed up on it by now. But just the other day a guy waited over two years on a AOS by making his followups to the disinformation line, which told him to just wait. It wasn't until he got a congressman involved that the AOS process finally moved again. The likelihood of this going on with an I-129F may be small, but it does exist. More likely is the lady is being played.

[Girl from Celebes 588]

The UK one might be me!

As much as I'm loath to admit my stupidity I was led on by my ex for a few years believing that she'd filed for my K1.

To be honest, if I hadn't been blinded by what I thought at the time was love then the clues were there all along.

I filled in all the forms myself, sent them over to her along with the money to file.

I then sat back to wait patiently believing that it was all going forward while sending almost all the money I earned over to her, getting myself into some horrendous debt.

A year or so after I thought the petition had been filed she told me that the visa centre had contacted her to tell her that the petition was all set to go forward apart from one little problem. She had warrants against her from the state where she grew up for writing multiple bad cheques. Once she clears those then the petition would go forward.

So I borrowed money from my parents to get the warrants cleared and started looking forward to the end being in sight.

Then we split up and after a few shouty phone calls in which she admitted that she had never actually divorced her husband as she'd told me she had she also sent me a photo of the petition forms I'd sent her well over a year before saying she'd never sent them in and that the money I'd sent for the warrants had "made sure she had a great birthday party"

I was as much at fault for the break up as she was but that, and a couple of other incidents, was the final straw.

I've always prided myself that I'm reasonably intelligent but I was fooled just as easily as anyone.

If I'd looked at things closer then I should have seen through it immediately but I didn't think I had any reason to be suspicious.

Now, thanks to the stupidity of youth and infatuation I'm left with problems that will affect me for life, including debts that now over 5 years later I'm still trying to clear.

Just a cautionary tale for anyone who might be blindingly believing someone without looking closely.

Remember, this process is important to both partners in a relationship, so both should be fully involved.

Yes, you were right and I am so sorry my post reminded you again about your wounded heart. Truly sorry.

[yailukmuu 26]

I have no desire to have her arrested! It was a lesson learned and I still have 2 beautiful children from it even if I don't get to see them.

Oops, I apologize Mac, two kids paints an entirely different picture than what I had envisioned. I hoped my answer was not insensitive.

Agreed Caryh.

Update on this scenario. My friend tell me that her fiancée sent in only “the form” and the check.

Then states that there was no RFO but that USCIS denied the application and advised them to appeal telling them that it would take 6 months, after 6 months fiancée called and was told that they would receive a letter.

USC then stated: He received a letter within a few days and the letter said: “we have to perform additional review, if you do not receive a decision within 6 months, please call this number.”

Then she says every time the USC calls they tell him they have not received anything. “They don’t ask for more documents.”

Ok as I look at it we have

Choice A: No application, never was.

Choice B: Psychotic behavior

Choice C: Anyone got a choice C for this insane and I think, very sad commentary?

[Harpa Timsah 13,258]

OP; You have ignored the good advice posted right away that said a K-1 can take years if the petitioner is subject to the Adam Walsh Act, which means they are ineligible to petition because they have convictions for sex crimes against minors.

Yes, this exists and we have people on this forum in that situation whose K-1s take that long.

[SparklePony 238]

Yes, I can see that in some cases, it could take that long. I just find it odd that she doesn't have anything more specific than that. It could be because a) she is being played, b) he doesn't want to admit why the petition was denied (in case of a Adam Walsh Act, for example), or c) she knows why it was denied but as you commented she was only a casual friend, she might not want to admit to you why it was denied.

So, either she knows exactly what's going on or she doesn't. Personally, my fiance and I have traded pictures and scans and emails of everything pertaining to this process and I wouldn't have it any other way. Long distance relationships are hard enough without total and complete honesty and transparency, in my opinion. But that's me. Your friend may feel differently, or, like I said, she may simply not be telling you all there is to it.

[yailukmuu 26]

OP; You have ignored the good advice posted right away that said a K-1 can take years if the petitioner is subject to the Adam Walsh Act, which means they are ineligible to petition because they have convictions for sex crimes against minors.

Yes, this exists and we have people on this forum in that situation whose K-1s take that long.

Not really. Anyone who knows that they are being delayed due to AWA and the fiancee does not know this, in my opinion has a particular lower level of hades waiting for them upon death.

Harpa Timsah, are there circumstances where the USC might not know they were being delayed due to AWA or for some other factor?

[David & Diana R 1,005]

The UK one might be me!

As much as I'm loath to admit my stupidity I was led on by my ex for a few years believing that she'd filed for my K1.

To be honest, if I hadn't been blinded by what I thought at the time was love then the clues were there all along.

I filled in all the forms myself, sent them over to her along with the money to file.

I then sat back to wait patiently believing that it was all going forward while sending almost all the money I earned over to her, getting myself into some horrendous debt.

A year or so after I thought the petition had been filed she told me that the visa centre had contacted her to tell her that the petition was all set to go forward apart from one little problem. She had warrants against her from the state where she grew up for writing multiple bad cheques. Once she clears those then the petition would go forward.

So I borrowed money from my parents to get the warrants cleared and started looking forward to the end being in sight.

Then we split up and after a few shouty phone calls in which she admitted that she had never actually divorced her husband as she'd told me she had she also sent me a photo of the petition forms I'd sent her well over a year before saying she'd never sent them in and that the money I'd sent for the warrants had "made sure she had a great birthday party"

I was as much at fault for the break up as she was but that, and a couple of other incidents, was the final straw.

I've always prided myself that I'm reasonably intelligent but I was fooled just as easily as anyone.

If I'd looked at things closer then I should have seen through it immediately but I didn't think I had any reason to be suspicious.

Now, thanks to the stupidity of youth and infatuation I'm left with problems that will affect me for life, including debts that now over 5 years later I'm still trying to clear.

Just a cautionary tale for anyone who might be blindingly believing someone without looking closely.

Remember, this process is important to both partners in a relationship, so both should be fully involved.

MacUK,

Wow, that really sucks! It was very brave of you to tell your story. A girl I know waited for over 2 years for her "fiance" in Boston to file K-1 papers. What I don't understand is he only visited her once in the beginning of their relationship. He kept in constant touch with her supporting her for over two years. He bought her all kinds of stuff and paid for her to attend college for two years. She "mis-appropriated" money he sent her on more than one occasion telling him so he would send her more money so she could pay her tuition...an on and on and on. She eventually got pregnant from her Filipino boyfriend, who ironically she met at the college her fiance was sending her to. (That sucks huh?) She had the nerve to ask her fiance if he would accept her and the baby on way... He finally declined and stopped supposrting her. I never could understand why he kept supporting her all that time if he really never intended on bringing her to the US. Co-dependency of some kind?

Aloha

[yailukmuu 26]

Yes, I can see that in some cases, it could take that long. I just find it odd that she doesn't have anything more specific than that. It could be because a) she is being played, b) he doesn't want to admit why the petition was denied (in case of a Adam Walsh Act, for example), or c) she knows why it was denied but as you commented she was only a casual friend, she might not want to admit to you why it was denied.

So, either she knows exactly what's going on or she doesn't. Personally, my fiance and I have traded pictures and scans and emails of everything pertaining to this process and I wouldn't have it any other way. Long distance relationships are hard enough without total and complete honesty and transparency, in my opinion. But that's me. Your friend may feel differently, or, like I said, she may simply not be telling you all there is to it.

Thank you SparklePony

Agreed, it's a possibility and a good reason for caution. Though she could have very easily avoided the subject entirely, and did not, and the frustration is palpable. I shall tread cautiously.

[MacUK 983]

Yes, you were right and I am so sorry my post reminded you again about your wounded heart. Truly sorry.

No need to apologise, it's all ancient history now and apart from not being able to see my kids it's probably worked out for the best.

I never wanted to move to the US in the first place, I was willing to move their for love but never truly wanted to.

I'm British and proud of it, I could never be truly complete away from the UK.

As it is I'm with someone else now who means the world to me and I only had to move to Scotland!

If there was a way I could visit the kids then life would be perfect but as it is I have very few regrets about how things went.

If what I wrote prompts just one other person to double check that their partner has been completely truthful then it's worth it.

[MacUK 983]

Oops, I apologize Mac, two kids paints an entirely different picture than what I had envisioned. I hoped my answer was not insensitive.

Not insensitive at all.

To be fair I don't think my ex set out intentionally to scam me, having two kids is a bit extreme to keep a con going!

I think she just prioritised things differently, as long as I was in the UK I was probably earning more than I'd have been able to do so straight away in the US.

So she probably saw me being in the UK as being what was best financially for herself and the kids.

My children are healthy and have rarely gone without anything so I couldn't condemn her for how she went about it.

[Caryh 5,206]

Oops, I apologize Mac, two kids paints an entirely different picture than what I had envisioned. I hoped my answer was not insensitive.

Agreed Caryh.

Update on this scenario. My friend tell me that her fiancée sent in only “the form” and the check.

Then states that there was no RFO but that USCIS denied the application and advised them to appeal telling them that it would take 6 months, after 6 months fiancée called and was told that they would receive a letter.

USC then stated: He received a letter within a few days and the letter said: “we have to perform additional review, if you do not receive a decision within 6 months, please call this number.”

Then she says every time the USC calls they tell him they have not received anything. “They don’t ask for more documents.”

Ok as I look at it we have

Choice A: No application, never was.

Choice B: Psychotic behavior

Choice C: Anyone got a choice C for this insane and I think, very sad commentary?

Form only and a check, would get it returned without cashing the check if he's lucky, or a denial after a wait if he's unlucky. The will not issue an RFE. An appeal can take years, but he'll still be denied on appeal. He failed to provide evidence and the petition was properly denied. For an appeal to work, USCIS must have done something wrong and they did everything correctly. And appeal is not an opportunity to correct your own mistakes, it's an opportunity to prove they made a mistake, which they did not. He's wasting his time on an appeal. USCIS would not have advised him to file an appeal, but it would state he has a right to appeal. In fact it sounds to me like he hasn't even actually filed an appeal, he's expecting that it just happened like magic because he told someone on the disinformation line he wants one.

Choice C: the petitioner is not too bright, has researched nothing, and did not even bother to read the instructions, and/or has serious comprehension issues. Or to continue further, is a spoiled and lazy person with an entitled attitude, who thinks just because he wants something, it will magically happen because he says he wants it. He's likely happy to wait forever and blame the system for not doing his work for him.

Of course there is still the AWA denial possibility, and he or her just prefers not to admit it.

In either case, is this really the type of individual she wants to be with? Of course love can be blind, and many will overlook serious problems and faults in someone they love until the day then entire relationship falls apart, then the eyes finally open.

[yailukmuu 26]

Good summation Caryh. I've offered to assist and whethere there is communication with the USC or not will say a lot.

Another possibility (I think, correct me if I'm wrong) is that everything has gone through with a hanging RFE for Affidavit of Support. Hope springs eternal, especially amongst the unemployed.

I'll update with "the rest of the story," sometime in the future.

Thanks to all who contributed to this thread.

[Caryh 5,206]

Good summation Caryh. I've offered to assist and whethere there is communication with the USC or not will say a lot.

Another possibility (I think, correct me if I'm wrong) is that everything has gone through with a hanging RFE for Affidavit of Support. Hope springs eternal, especially amongst the unemployed.

I'll update with "the rest of the story," sometime in the future.

Thanks to all who contributed to this thread.

Affidavit of support will not come into effect until the interview, which has not happened. Any RFE is given a fixed time in which to respond, 30 to 45 days, and it certainly would not be years. BTW the request for proof of income and the affidavit of support, which happens after the interview, can hang out there for years as long as the petitioner stays in contact with the embassy letting them know they're still interested in pursuing the visa. Otherwise its closed in a year.