GET MARRIED WHILE STILL IN AP FOR K1

[JohnR! 5,495]

Not quite sure you can force end of AP via writ of mandamus - it's DOS, not USCIS - USCIS has done their thing by approving I-129f. DOS can take as long as they need to take to process AP - seen how long some people have been in AP in Pakistan or Afghanistan?

Thanks for keeping me honest!

[Dusty&Mono 6]

A K1 visa in for a fiances, not for husband or wife. You must all over again if you get married.

[christeen 966]

Of course the lawyer wants to file a another petition... More $$$$ ... Just sit tight, your near the end, don't throw the baby out with the bath water and do something rash that could cost you another 12-16 months!

[liz&Ivan 6]

Of course the lawyer wants to file a another petition... More $$$$ ... Just sit tight, your near the end, don't throw the baby out with the bath water and do something rash that could cost you another 12-16 months!

lol thank you I am sitting tight although its hard. As far as paying more money for lawyer I dot have to he is my cousin. He just says if in a month he contacts them and its a denial a k3 is the way to go

[belinda63 3,047]

Your cousin might want to brush up on immigration current events. A K-3 is almost never given, usually it is closed at NVC and the CR-1 is processed. If you decide to marry you are looking at 12 months wait after you file the paperwork and possibly AP all over again. Getting married won't solve anything and will add at least 12 months to the process.

Edited April 2, 2014 by belinda63

[liz&Ivan 6]

Your cousin might want to brush up on immigration current events. A K-3 is almost never given, usually it is closed at NVC and the CR-1 is processed. If you decide to marry you are looking at 12 months wait after you file the paperwork and possibly AP all over again. Getting married won't solve anything and will add at least 12 months to the process.

ok so then what do you suggest?

[belinda63 3,047]

Wait it out.

[Harpa Timsah 13,258]

AP is not a denial, it is a temporary delay. It is possible to be denied at the end, but I wouldn't assume it and just give up. I would wait until you know the results and hope for approval.

Furthermore, if you just give up, you won't know what the problem was and you will have the same problem happening, unbeknownst to you, and end up in the same spot. If you wait for their decision, the bright side of a denial is that at least you know a little about what the problem was, and you can address is with knowledge, instead of rushing in blind.

The majority of AP is approved at the end.

Edited April 2, 2014 by Harpa Timsah

[Jay&B 2]

I did EXACTLY that!! We were put in AP, and the CO told us we might as well get married because she doubt the K-1 will be approved. We had lots of evidence but had only been engaged for a year, and I had not visited my fiance after the engagement(was waiting to visit for the interview). Anyway, after they told us AP, we went and organized a beautiful wedding and got married. I came back to US and filed the I-130. More money......but it's all good. We later received the K-1 denial letter stating the relationship was too short.

[Cathi 5,794]

Of course the lawyer wants to file a another petition... More $$$$ ... Just sit tight, your near the end, don't throw the baby out with the bath water and do something rash that could cost you another 12-16 months!

lol thank you I am sitting tight although its hard. As far as paying more money for lawyer I dot have to he is my cousin. He just says if in a month he contacts them and its a denial a k3 is the way to go

you can't even file a k3 until you have a pending i130, and K3s are married up with the i130 and closed at the NVC, with a cr1 being issued. k3 has been obsolete for years. Is your cousin an immigration attorney? Any immigration attorney with any knowledge of the current system would know filing a k3 is futile.

I feel for you, my husband was in AP, there is really nothing you can do at this point but wait it out. You haven't been in AP for very long and nothing you do or say can force them into expediting it. Marrying won't change anything, and it won;t get him out of AP if you refile for a cr1. Many people marry after having a k1 denied, but you haven't been denied. No one really knows what they do during background checks, a lot of times it is a name hit with someone with a similar name and they just have to clear it. If they didn;t ask for anymore evidence supporting a bonafide relationship(which is what happens often when they don;t believe it's a true relationship) then the background checks are probably for something else. No one really knows...I wish you the best and keep us updated.

[johnnyv 20]

You've already been told to wait it out. I'm not going to be the one to tell you again.

However, almost everyone gets placed in AP for some period of time. Could be a few days, a few weeks, a few months, a year. By getting married, you've actually sacrificed all the time you've put in to get to this point just to start over.

Yes, waiting sucks. None of us like it. But be smart and don't get married, you'll be waiting LESS time by waiting for your result now. I know it isn't the greatest method, but you have no clue how long you'll be in AP for. Could be a few weeks and you'll get an approval.

Be smart about your decision, but in the end, you do what you feel is best!

[Mike-eeh and Odie 193]

Marrying now will void your K-1 visa and you would have to begin a spousal visa, which could take another 1-2 years to process/go through AP.

Just wait, even if it takes 6 months, it's still less time to wait than if you had to start over with a spousal visa.

[Avery Cates 1,141]

ok so then what do you suggest?

Wait. It's literally all you can do.

AP is a black hole where they won't tell you what they're doing, or how long it will take.

[Boiler 46,232]

I have yet to see an AP denied.

You have done the tricky bit.

[Harpa Timsah 13,258]

I have yet to see an AP denied.

You have done the tricky bit.

Really? I can think of like 5 off the top of my head.