I year since AOS application. Still waiting.

[madelynschroeder 0]

So today marks 1 full year since we filed for AOS. My husband came on a K-1 and we have tried to contact our congressman's office but all they have said is that the application is being processed. Waiting is just so stressful. We waited for 6 months in order to get the K-1 and now this. I do not know how long we will wait still.

My cousin however is married to her husband who came on an F-1 and they got their green card with 83 days!!! They just received it last week. I do not know how that happened. Both our husbands are from the same country. Do they not namecheck international students for AOS? Why are K-1 applicants treated so different?


What can we do to check on the process? I do not want to hire a lawyer because of their high costs.

[Unidentified 2,930]

A lawyer can't do anything to speed up the process. You just have to be patient. K1's sometimes get stuck in the long line of applications who won't need an interview. Sometimes it just takes longer for other reasons.

While you're waiting you should It helps us, help you.

[PerditaD 35]

Unfortunately, there are no rules when it comes to anything related to immigration. My AOS took 15.5 months. For some people, it's less than 3 months.

What was the last thing you heard from USCIS? Notice of potential interview waiver case letter? What does your online status say?

[Hypnos 6,578]

Generally, if a K-1 waits around a year then they are just going to receive their green card in the mail without needing an interview. Your F-1 friend got their green card earlier because they had to have an interview, which is usually a shorter wait.

[chimichanga 3]

F-1 or B1/B2 or H1 holder do not go through name check or extra checks. They just go through Biometrics and if they pass, they get their interview soon.

[Pitaya 2,577]

~Moved from Fam.-based AOS to Fam.-based AOS Progress Forum~

~Inquiry about case status~

[TabeaK 517]

F-1 or B1/B2 or H1 holder do not go through name check or extra checks. They just go through Biometrics and if they pass, they get their interview soon.

That is an erroneous statement. All visa applicants go through a boatload of security checks. And with the world being what it is right now, this is only gonna get worse.

The reason why adjustment of status from F1/J1 or visitor visa is often faster than K1 is that the former cases are pretty much guaranteed to get an interview. You are not supposed to adjust from these after all, so if you use the "marry an American" loophole, USCIS checks very carefully if there is fraud. This means an interview that happens usually within a few months.

K1 visa holders on the other hand - even though it is technically a non-immigrant visa - have obviously declared an intent to stay and adjust as they wanna marry Americans. K1 visa holders also get interviewed in their home country which usually happens just a few weeks/months prior to them filing AOS. So, barring any red flags, a significant proportion gets an interview waiver during AOS - what this means is that the case is likely not prioritized and can languish around for months until an adjudicator picks it up and issues the temporary green card.

More than 1 year for AOS however is ridiculous and I would recommend the OP uses all avenues to needle USCIS. These would be additional service requests, getting in touch with the ombudsman and getting a congressional representative to enquire on his/her behalf.