We Are Considering Pulling Our I-129F Petition

[TheSkywalkers 143]

Just now, iamdegie said:

unbelievable. but amazing! 

I know right, the others who filed before me waited for almost 3 months to get their NOA2. Let's hope for the best that yours is on its way. 

[candybabe 46]

16 hours ago, llaz said:

Yes, very very frustrating while they are working on December 15th cases more or less right now and we are still waiting. Did you guys ever call USCIS or send a letter to your congressman/woman? 

Glad to hear that the pain of the time having spent separated dissipates quickly. Sometimes I just wonder, we've been through so much to just to get married and this just seems like the cherry on the top, are we are supposed to wait all this time? Or maybe since our case is just one of the 21 left out of 219 if we are meant to be in Chile instead of the United States. 

I know, AOS takes such a long time too, but at least you get to be with your hubs during the process. 

Thank you very much

If you plan to move to Chile as a US citizen and live there for a year , why don't you look into the requirements for Direct Consular Filing - they should have a residency requirement for the US citizen ( I think maybe 6 months in my case) and then maybe you can either pull your case to the embassy there and have them make a decision, or get married there and file as CR1 at the local consulate / embassy there. That way, you can both wait together in Chile for the approval and usually local offices have less waiting times maybe ?  Again, not an immigration lawyer or specialist, but I remember looking at that when I filed, except my husband could not move out of the States as he had a son so we were not meeting the requirement for Direct Consular Filing.

 

 

 

 

[NikLR 13,232]

5 minutes ago, candybabe said:

If you plan to move to Chile as a US citizen and live there for a year , why don't you look into the requirements for Direct Consular Filing - they should have a residency requirement for the US citizen ( I think maybe 6 months in my case) and then maybe you can either pull your case to the embassy there and have them make a decision, or get married there and file as CR1 at the local consulate / embassy there. That way, you can both wait together in Chile for the approval and usually local offices have less waiting times maybe ?  Again, not an immigration lawyer or specialist, but I remember looking at that when I filed, except my husband could not move out of the States as he had a son so we were not meeting the requirement for Direct Consular Filing.

 

 

 

 

There is no DCF in Chile. https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

[piste 24]

18 hours ago, llaz said:

We've been waiting now over 130 days for a NOA2, I know we are still in "normal processing time" per USCIS' website as our received date is November 3rd and they are "working on" October 15th cases. We are trying to keep positive but we've decided that if we do not hear anything, that I will move down to Chile just before my birthday June 3rd and we will get married and pursue the IR1/CR1 route. 

Not a bad plan, medical expenses and reality of "Post Trump" are thoughts for us to pull out and live here. 

 

Look how meek he is when today he sees Frau Merkel .....LOL.

 

Life is where you are and many people change their plans, learn Spanish and be back for the next election. Chile is not slow to act and develop: http://www.oecd.org/economy/chile-economic-forecast-summary.htm

 

There are opportunities and a support network in place so a soft landing and you get to enjoy the culture and life of your partner more deeply ....never a negative

Edited March 17, 2017 by piste

[candybabe 46]

35 minutes ago, NikLR said:

There is no DCF in Chile. https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

can't it be done at the US embassy  ? I remember it was available through the US embassy in Romania, we just didn't meet the residency requirement.

[candybabe 46]

"Direct Consular Filing (DCF) is a process related to immigration to the United States whereby Form I-130 (Petition for Alien Relative), I-360 (Petition for Amerasian, Widow(er), or Special Immigrant), or I-600 (Petition to Classify Orphan as an Immediate Relative), is filed with a United States embassy or consulate. " - this is from Wiki - more info would be on uscis

[Scandi 4,186]

11 minutes ago, candybabe said:

"Direct Consular Filing (DCF) is a process related to immigration to the United States whereby Form I-130 (Petition for Alien Relative), I-360 (Petition for Amerasian, Widow(er), or Special Immigrant), or I-600 (Petition to Classify Orphan as an Immediate Relative), is filed with a United States embassy or consulate. " - this is from Wiki - more info would be on uscis

Not every country has DCF despite having a US embassy, candybabe. Sweden used to have it and people could do DCF but they removed that option, all that is left is the regular embassy. 

[candybabe 46]

Just now, Scandi said:

Not every country has DCF despite having a US embassy, candybabe. Sweden used to have it and people could do DCF but they removed that option, all that is left is the regular embassy. 

Yes - It seems they changed the rules in 2012. They will only allow it in exceptional circumstances per the below :

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2012/May/DOS-I130May1412.pdf

[Scandi 4,186]

Just now, candybabe said:

Yes - It seems they changed the rules in 2012. They will only allow it in exceptional circumstances per the below :

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2012/May/DOS-I130May1412.pdf

Here's a list of countries that have USCIS field offices: https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

[shanakog 26]

Oh man I remember talking to you in the other thread while we were both waiting  I'm so sorry to hear that it has taken this long. I know it must be so hard for both of you. But I really think you should stick to the K1 because it's very likely that you'll be approved in the next weeks or at most 2 months. I was really frustrated too while I was waiting for my NOA2 but once that happened the process has been moving along SO MUCH faster and has taken the stress off me because the timeline is now much more predictable than the dreadful NOA2. I am sure there are a lot more things you would need to do that comes with settling in a new country, obtaining residency and finding a job in Chile, if you decide to go that route. Why don't you guys take a short trip together and take your mind off visa stuff for a while? Hang in there! 

[Shokra 12]

Being impatient isn't going to solve anything, it will only make matters worse.  "IF" you can't handle the 2 - 6+ months it can take for the Fiancé/e Visa then you sure are NOT going to like the 8 months - 1.5 years it can take for the Spousal Visa.

I have been in my solid relationship for 10+ years, we finally filed - I have waited over 10 years to bring my fiancé home to me; 2 - 6+ months is not going to kill me.  This time has given our relationship a solid foundation and has actually made our relationship stronger.

I think it would be naïve and foolish to back out of your petition now and can actually hinder your changes of another type of visa.

Patience is a virtue

[Ash.1101 1,756]

Shoot, when we did my husbands K-1, we were lucky and got into CSC when it first started taking applications again. TSC was so backed up, people were waiting over a year just for their K-1 approval.


Again though, if you go the CR-1 route, what it your plan for reestablishing domicile? Who is going to sponsor him? Do you have a cosponsor, because since you won't be working in the US, if you don't come to the US -MONTHS- before he does, then you won't have enough time working or income to show you can support him.

That's something that can absolutely ruin everything for some couples because the couples choose being together in the short run instead of looking at the big picture.

[Ash.1101 1,756]

Also just as a second note, have you recieved an RFE?


I noticed in your prior posts that you checked the box saying you were single and wrote annulment above that but the I-129F instructions state: 
 

 

Quote

If either of you was married before, submit evidence that all prior marriages have been terminated. Evidence of termination of prior marriages may include a divorce decree, or an annulment or a death certificate issued by a competent civil authority.

 

There have been cases that take abnormally long when there is an RFE sent and the person never gets it. Just trying to think of everything that could cause a delay. /shrug


https://www.uscis.gov/system/files_force/files/form/i-129finstr.pdf

Page 5, Part 7.a

[NikLR 13,232]

9 hours ago, candybabe said:

can't it be done at the US embassy  ? I remember it was available through the US embassy in Romania, we just didn't meet the residency requirement.

Not unless circumstances are extreme. You need to have a USCIS office at the embassy for DCF to even be possible. 

[USC1961 251]

To the OP, take a deep breath and don't rush into making any rash decisions.  Yes the process is long and being away from someone you love is tough.  But (and this may sound counter intuitive) sit back and enjoy the upcoming months of being single.  In other words instead of worrying about how much time the process is taking, fill up your free time doing things you enjoy.  It will make the process seem that much less stressful.  Good luck hope you hear something soon!