Why K1 visa times vary so much.

[PostOakGuy 13]

I've ready many of the post from this website and I find it strange that there is such a time difference in K1 visa processing times (NOA1-NOA2). I have a hard time believing that USCIS treats every case the same amount of time and it's merely based on where you file.

I'm guessing there are many other factors involved and it's case by case. For example, whether your Fiance already holds a visa, what country she's from, if she speaks the same language as you, whether you met online and have to check IMBRA etc.... Am I wrong?

Anyone care to chime in?

[HK12 273]

From my experience, the factors that mostly influence processing times are:

- the service center your case is at

- priorities of other petition types over I-129F's

- RFE's / completeness of your documents

- causes that make it necessary to expedite cases from certain countries (such as certain cases from the Philippines, Haiti, Cuba)

- luck

Whether you met online or not, if you speak the same language, etc. does not play a role on the USCIS stage in my opinion. Relationship factors do not really come into play until the embassy level.

Really, dealing with USCIS is mostly a gamble - you might get lucky, you might not.

[Ebunoluwa 6,136]

I agree mostly with the previous comment, however there are times when a case is more complicated and they will

scrutinize it a little deeper with data checks which delays it a bit more than an easy peasy straightforward petition.
For the most part it has to do with back logged service centers and that can change at any time.

Years ago we had a very fast VSC and a very slow CSC.

[KayDeeCee 4,893]

First, a nit-pick.. I assume you are speaking of I-129F petition processing times. Filing the petition with the USCIS is not applying for a visa and has nothing to do with K-1 visa processing times. Just throwing that out there because some people get confused over certain terminology used, and it helps to speak correctly about each step of the overall process. For instance, some think the process is 'all-in-one' and the petition fee is the only thing they need to pay to get the visa, and then become surprised that there is also a visa processing fee to be paid when you actually apply for the K-1 visa with the Dept. of State after the petition is approved.

As for the I-129F petition processing times, it has to do with which service center is processing the petitions at a faster pace at the time, if you get an RFE, or if your case needs additional background checks. When there is backlog, the petitions can just sit there for months waiting to cross the desk of an actual adjudicator to be processed. The speeds of the service centers change back and forth over the years.

Edited May 24, 2014 by KayDeeCee

[Sirliner 26]

According to Immigration Attorney Allen Lilly's website, from his experience the main reason is petitioner human error. Improperly filed cases held back for further review and inquiry. Usually resulting in an RFE. Also, improper requests for expedite resulting in the case being pulled and transferred for review. If deemed inappropriate, file is returned to the back of the line. As well as problematic cases being referred to supervisors for consideration, and they are not quick to review. And lastly, USCIS error is very common. Misplaced case files, poor decisions on perfectly fine cases, files shipped to the wrong department or facility where they just sit.

[corvusheart 163]

The factors that dictate processing time are:

- Country beneficiary is from

- Service Center. (California is fast, Texas is slow)

- If you've been married previously. And if the divorce is official and complete.

- If Petitioner has filed K-1 on behalf of another person in the past, it may make this one much more difficult.

- Amount of Evidence of Relationship. You're I-129F packet should have lots of evidence.

Edited May 25, 2014 by corvusheart

[christeen 966]

Actually, the amount of evidence plays little to no role in the uscis petition review stage. Uscis only reviews the petition, the required documentation, eligibility etc...relationship evidence is quantified at the consulate level.

[Ebunoluwa 6,136]

From USCIS web site when waiting for a petition to be approved:

During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant's/petitioner's criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators.

With more complicated cases the petitioner will be looked at much deeper.
So fraud indicators, returned petitions and multiple petitions for example take longer.

It goes beyond eligibility and requirements for some petitions but mostly it is a simple document/eligibility and necessary

supporting evidence check / review.

[KayDeeCee 4,893]

The factors that dictate processing time are:

- Country beneficiary is from

- Service Center. (California is fast, Texas is slow)

- If you've been married previously. And if the divorce is official and complete.

- If Petitioner has filed K-1 on behalf of another person in the past, it may make this one much more difficult.

- Amount of Evidence of Relationship. You're I-129F packet should have lots of evidence.

Relationship evidence is not even required for the I-129F petition.

[corvusheart 163]

You need to prove you've met in the last two years.

[TBoneTX 45,297]

*** Thread moved from K-1 Process forum to the USCIS Service Centers forum -- topic is less about the K-1 process than about factors affecting USCIS processing. ***

[rmarkwallace 7]

One big variable is how well the petition was done. If you are missing information and they have to contact you, that will slow it down by a month or two. If Immigration can look at it once and send it on the the consulate you will get a faster result. Your beneficiary should have everything ready. My beneficiary needed a police clearance from Kuwait (she is a Filipina). They wouldn't approve her visa without it so she went ahead and ordered it. The physical is only good for a year, though so wait until the case reaches the consulate. But if you see that they might question something and you have a good answer, disclose it on the application.

[KayDeeCee 4,893]

You need to prove you've met in the last two years.

Yes, proof of meeting in the 2 years prior to filing is a requirement of the I-129F. Proof of relationship is not. Proof of meeting does not equal proof of relationship/relationship evidence.

[baron555 934]

From my experience, the factors that mostly influence processing times are:

- the service center your case is at

- priorities of other petition types over I-129F's

- RFE's / completeness of your documents

- causes that make it necessary to expedite cases from certain countries (such as certain cases from the Philippines, Haiti, Cuba)

- luck

Whether you met online or not, if you speak the same language, etc. does not play a role on the USCIS stage in my opinion. Relationship factors do not really come into play until the embassy level.

Really, dealing with USCIS is mostly a gamble - you might get lucky, you might not.

Yep

[sandrine29 1]

Relationship evidence is not even required for the I-129F petition.

it is as it's required in the I129F instruction to follow when you fill the form.

we followed the instructions steps after steps, providing a full package of everything, copy of ID card, translate former divorce decree, Pics and tickets proving i was in the US + notes explaining pictures + cover letter and even a letter from his mom speaking about our relationship then they recieved in Dallas the package on May 1st (tracking number) and we had the NOA2 on May 14th from california !

now, waiting for NVC