K1 visa pending on security check for over 3 years.

[Alienbiteme 54]

I have had an I129-F (Petition for Alien Fiance(e) submitted for over 3 years now. At the time of my submission, the USCIS 's stated processing time was 3-5 months. I have made repeated inquiries to USCIS Customer Service website to determine and/or question the delay. Each time the USCIS representatives have stated that the hold was placed on my petition due to a security check. They explained that nothing could move forward until the security check was completed. They would not provide any specific period of time. I have contacted 4 congressional representatives, and after their offices checked on my petition, they all stated the same thing. The delay in my petition was due do a security check and they could not obtain any further information.

 

Fortunately, we have been living together in my fiance's country for almost 14 years.  Even though I return to the U.S. every year for a month or so, I must leave my fiance behind. My fiance and I have reached the end of our patience. From a realistic standpoint, our ages are threatening our ability to have a functional relationship if the petition is approved. 

 

Why would the USCIS be doing a security check on me, a U.S. citizen? Acquaintances of ours received the K-1 Visa approval in less than five months while not even having a fraction of the relationship track record that we have.

 

We have thought of re-filing, i.e. canceling our original I129-F and filing a new one. Is this a viable possibility, or would that make things worse?

 

Here is what we think our options are:  (1)Continue waiting and continue to contact USCIS,  (2) File court action against USCIS, Continue waiting and continue to contact USCIS, (3) Have my fiance get a tourist visa, travel to the U.S., and we marry, then return to his home country. (4) Withdraw original I129F and file a new petition.

[AL-MJD 144]

perhaps that's why youre on security check? if you have been living in US for 1 month a year, they don't have much records on you. i'm no expert in this.

 

a suggestion would be that you cancel your petition, get married to your fiancé at her home country and file for spousal visa. that would be a lengthier process, but a cheaper one overall.

[Alienbiteme 54]

3 minutes ago, AL-MJD said:

perhaps that's why youre on security check? if you have been living in US for 1 month a year, they don't have much records on you. i'm no expert in this.

 

a suggestion would be that you cancel your petition, get married to your fiancé at her home country and file for spousal visa. that would be a lengthier process, but a cheaper one overall.

Thanks for the comment,  We are actually the same sex couple.

[AL-MJD 144]

Just now, Alienbiteme said:

Thanks for the comment,  We are actually the same sex couple.

same sex couple wouldn't matter at all for either petitions. is your US address in a state that doesn't recognise same sex marriage, by any chance? i'm a beneficiary so i don't know my US politics.

[Lemonslice 4,962]

"our ages are threatening our ability to have a functional relationship if the petition is approved"

Are you in your late 90s?

 

Were you ever arrested? Any interaction with the police?

[fip & jim 452]

Which country are you & your fiance living in?

[Alienbiteme 54]

Just now, fip & jim said:

Which country are you & your fiance living in?

in Beijing, China.

 

[Alienbiteme 54]

1 minute ago, Lemonslice said:

"our ages are threatening our ability to have a functional relationship if the petition is approved"

Are you in your late 90s?

 

Were you ever arrested? Any interaction with the police?

No, I was a police officer for over 20 years . But I'm retired.

[fip & jim 452]

It's impossible to say why they are not processing, but as AL-MJD said perhaps your prolonged absence from US is causing the problem. You need to know what the problem is. If you file another petition you could encounter the same problem. Do you have a named contact at USCIS?

[Paco415 60]

If there a reason why you are living in China more than you are in the USA? Why are you not willing to move to China permanently? I also think your living abroad for such an extended period of time may have something to do with it, but that is just a hunch.

[Alienbiteme 54]

Just now, Paco415 said:

If there a reason why you are living in China more than you are in the USA? Why are you not willing to move to China permanently? I also think your living abroad for such an extended period of time may have something to do with it, but that is just a hunch.

My good job is one reason. Not to mention that I love my fiance. I came to China for both reasons.

[Roel 7,193]

Honestly after 3 years I'd just cancel k1, get married and file cr1. 

 

But you need domicle in the US. If you don't live there and have pretty much 0 connections there, why would they issue your fiance a visa to reunite with you? Since that's the point of family based visa... 

[fip & jim 452]

Is this the security check for your fiance they are having the problem with?

[Alienbiteme 54]

1 minute ago, fip & jim said:

Is this the security check for your fiance they are having the problem with?

No, just me I think. They really don't have enough information about my fiance to do a security check.

[Coco8 1,042]

 If your security check is delaying this, then I don't see how marrying will solve anything. That said, a security taking so long is ridiculous since it is not like you are applying for top security clearance at the CIA or the NSA.

 

You might want to involve a lawyer and see if they can do something about it. This guy had a visa on administrative processing for an year and his lawyer was able to fix it. It was at the consular stage, but there might be something to do at the UCSIS stage. Here he mentions the lawyer that helped him