Why should K1 visa applicants get interview date before I-130 applicants!

[mellowkitty 2]

I know everyone want their other half to be united with them but I find if unfair that people like myself who file our I-130 for our spouse have to wait longer for a scheduled interview than people who do the K1 visa. It just seem so unfair that some of these K1 visa applicants can get through so quickly and they don't even have a strong marital union. Some if not most of these cases are just for green card purposes. My point is how can these cases be approved for interviews while people who have I-130 cannot get a schedule interview more quickly. I am speaking on behalf of the marital unions who have been married for sometime and have to prove that our marriage is indeed true and not some quick made up (untrue) union. Why is it our interview approval get such a long waiting time as oppose to K1 visa applicants. We need our spouse with us in the states too and the process should either be less than K1 visa applicants or the same.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to US Embassy & Consulate Discussion. Topic is about this phase of the process and multiples processes are being discussed.

[mellowkitty 2]

Hi Ryan. I see your timeline. However my post is not against all K1 visa applicants but against those who just met a couple months and only file for green card purposes. As I mentioned in my earlier post "some K1 visa" applicants. Obviously you and your partner had a mutual relationship going for sometime. I am just saying why can't IR1 applicants get a quicker interview scheduled so we can unite with our spouse. It's frustrating.

[yuna628 9,665]

I know everyone want their other half to be united with them but I find if unfair that people like myself who file our I-130 for our spouse have to wait longer for a scheduled interview than people who do the K1 visa. It just seem so unfair that some of these K1 visa applicants can get through so quickly and they don't even have a strong marital union. Some if not most of these cases are just for green card purposes. My point is how can these cases be approved for interviews while people who have I-130 cannot get a schedule interview more quickly. I am speaking on behalf of the marital unions who have been married for sometime and have to prove that our marriage is indeed true and not some quick made up (untrue) union. Why is it our interview approval get such a long waiting time as oppose to K1 visa applicants. We need our spouse with us in the states too and the process should either be less than K1 visa applicants or the same.

But who are you to make that determination of someone's relationship being real or 'just for a green card'?

See my K1 timeline? See how long that took? I can guarantee there are plenty of K1 couples that took even longer. For no understandable reason beyond the claim of 'backlog'. It wasn't due to background checks, or problematic cases, or poor paperwork, or even lost paperwork. It was due to the stupidity of the USCIS process. K1s don't go in front of you, they get processed by a completely different service center and undergo different methods. It may be frustrating that those persons may through whatever hardships they face in their own process get to be with their loved ones before you, but I assure you it is no less frustrating for them. A DCF is going to get through even faster, is their relationship less valid and should be slower?

As a K1 we proved our relationship was real and genuine. The length of time we had known and been in a relationship with each other was vastly longer than probably the average couple, but this makes little difference to me. How do you define the love that someone has for each other based on the length of time you have known them? I cannot judge someone like that.

Did it make me upset to see so many K1s get 'finished' months and months before mine? Sure, but I wasn't going to begrudge them their happiness or question the validity of their relationship. Did it make me further annoyed that despite all the lobbying, that when action was taken to rectify the processing times, it only helped those already at the front of the pack instead of those stuck in the back? Oh absolutely, but there is nothing you can do about it. Someone is always going to go in front of you.

Do I agree it's a horrible and lengthy unfair process? Yes. But you're pointing fingers at the wrong place.

And remember just because my spouse is now in the US with me, and you are still waiting, doesn't mean that we aren't still bloody waiting. There is no end in sight to the wait we're now enduring for AOS, a process you won't have to go through at all. We all want our loved ones here, and it's a shame how this process is... but it's not their fault. We've only the government to thank for it.

Edited March 13, 2016 by yuna628

[Transborderwife 4,666]

In short, k1s do t have a guaranteed green card upon entry to the USA. They have another hoop to go through in background checks. The first lesson of immigration: immigration is never fair. End of story. Instead of putting energy into complaining about it it's best to look for the positives.

[mellowkitty 2]

I don't know how it works in the UK but in Jamaica the processing time for K1 Visa is 60-90 days for a interview while IR1 have to wait 150-190 days for a interview. The benefits of having done a K1 visa is obviously better than having a IR1 my reason for saying this is that with the quick response of submitting the documents to the NVC, it is clear that no matter what K1 applicants will be united with their spouse in a quick and timely fashion for I-130 we have to wait forever. And why should it be a problem to file for AOS when you are united with each other. That would be the least of my problems because at least you guys are together which is a good thing. I would not care if it took me sometime to get AOS when I'm lucky to have the opportunity to be with my husband while everything is finalize. Every true relationship would want to be with their spouse so I was not hitting out against K1 applicants who have a true marital relationship but the ones who do this process for other reasons.

I don't know how it works in the UK but in Jamaica the processing time for K1 Visa is 60-90 days for a interview while IR1 have to wait 150-190 days for a interview. The benefits of having done a K1 visa is obviously better than having a IR1 my reason for saying this is that with the quick response of submitting the documents to the NVC, it is clear that no matter what K1 applicants will be united with their spouse in a quick and timely fashion for I-130 we have to wait forever. And why should it be a problem to file for AOS when you are united with each other. That would be the least of my problems because at least you guys are together which is a good thing. I would not care if it took me sometime to get AOS when I'm lucky to have the opportunity to be with my husband while everything you s finalize. Every true relationship would want to be with their spouse so I was not hitting out against K1 applicants who have a true marital relationship but the ones who do this process for other reasons.

Edited March 13, 2016 by mellowkitty

[Lemonslice 4,808]

I don't know how it works in the UK but in Jamaica the processing time for K1 Visa is 60-90 days for a interview while IR1 have to wait 150-190 days for a interview. The benefits of having done a K1 visa is obviously better than having a IR1 my reason for saying this is that with the quick response of submitting the documents to the NVC, it is clear that no matter what K1 applicants will be united with their spouse in a quick and timely fashion for I-130 we have to wait forever. And why should it be a problem to file for AOS when you are united with each other. That would be the least of my problems because at least you guys are together which is a good thing. I would not care if it took me sometime to get AOS when I'm lucky to have the opportunity to be with my husband while everything you s finalize. Every true relationship would want to be with their spouse so I was not hitting out against K1 applicants who have a true marital relationship but the ones who do this process for other reasons.

K1 can't work. K1 can't travel freely. K1 have trouble getting their driver's licence. Each visa has its + and -.

[Transborderwife 4,666]

K1 can't work. K1 can't travel freely. K1 have trouble getting their driver's licence. Each visa has its + and -.

Exactly

[yuna628 9,665]

I don't know how it works in the UK but in Jamaica the processing time for K1 Visa is 60-90 days for a interview while IR1 have to wait 150-190 days for a interview. The benefits of having done a K1 visa is obviously better than having a IR1 my reason for saying this is that with the quick response of submitting the documents to the NVC, it is clear that no matter what K1 applicants will be united with their spouse in a quick and timely fashion for I-130 we have to wait forever. And why should it be a problem to file for AOS when you are united with each other. That would be the least of my problems because at least you guys are together which is a good thing. I would not care if it took me sometime to get AOS when I'm lucky to have the opportunity to be with my husband while everything you s finalize. Every true relationship would want to be with their spouse so I was not hitting out against K1 applicants who have a true marital relationship but the ones who do this process for other reasons.

For the K1 the amount of time it used to take depended on what service center you went to. There were two. The fast one took all of the west coast. The slow one took all of the east coast (before the change last year). How long could one be stuck there waiting? 200-300+ days. And that was just to get your paperwork approved, and NOT for an interview. After that there was the rest of the process to complete, and that length of time is different for every location.

[mellowkitty 2]

K1 visa can work if they apply for work permit. It's called Employment Authorization Document (EAD)

[Transborderwife 4,666]

K1 visa can work if they apply for work permit. It's called Employment Authorization Document (EAD)

Which expires after 90 days. Not worth it as it wouldn't likely come until close to that time

Edited March 13, 2016 by Transborderwife

[Lemonslice 4,808]

K1 visa can work if they apply for work permit. It's called Employment Authorization Document (EAD)

Yup that takes 90 days after filing...some professionals can't be out of the market for that long. Some others, like myself, have to travel oversea multiple times per month. K1 was useless in my situation. To each their own, jealousy won't solve anything.

[Lemonslice 4,808]

Hey, there was a guy a while back who was so upset about it in the Canada forum he wanted to get divorced and remarry to save a bit of time. Not sure what he did in the end...

[JFH 12,189]

I understand your frustration. But there is nothing we can do. It takes as long as it takes.

A CR-1 is a "superior" visa, for want of a better description, in that it is a permanent residency upon arrival with the ability to work and come and go as you please. I imagine you had the option of K-1 before you were married? We did. And we pursued that path initially. But we changed our minds when we realised that I would be not much more than a housewife for some months. I couldn't handle not working. There was also the financial side. I also don't like the idea of being in some sort of "limbo" status - when I arrive I will be a permanent resident through marriage. That suits me better. I feel more comfortable with that.

I do understand the frustration when you hear the K-1 argument of "well we have AOS to do when we arrive but CR-1 people don't have to do anything" (except maybe ROC within 2 years). I hate hearing that too. I'd do AOS a million times over if it meant I could be with my husband. I'd do this paperwork a million times over for him. But getting angry with people who have chosen a different path is not beneficial. Or healthy. This process is stressful enough - don't make it worse for yourself. And when it really seems all too much, just ignore the K-1 posts and threads. There are plenty of CR-1 threads and discussions to keep us all busy while we wait.

[mellowkitty 2]

Boston-Montreal hear the sarcasm but funny hahaha!!!