Cancelling K-1 for CR-1, is it worth it? (K-1 trouble)

[Orientalelf 50]

Hello everyone, 

 

Our K-1 case is over the normal processing time for noa2 and bordering a year's wait. This would be fine, but uscis are both rude and extremely unhelpful.

The amount of times reps have slammed the phone down on is actually disheartening (my fiance isn't rude in the slighest). 

We have no reason for it to be delayed (no criminal records, same surnames etc.) and have been running around in circles with the same generic e-mail "awaiting officer assignment please wait 30-45 days" at least 4 times now. We're in a pickle, if it gets to a year with the same e-mail, we're lost?!

Very much regret not going through a lawyer (although they can't help with the processing), so the only option is pulling out, getting married and CR-1ing it.

Knowing what we know now about backlogs and waiting times, is the CR-1 still worth it? Is going through a lawyer a sensible option? 

 

Confused, agitated and losing the will to function. 

 

[G Walters 136]

Has the US petitioner contacted his senator in WA D.C. This could help jog it though the system. At least you might get a better read on what is happening.

[gregcrs2 1,778]

Doesn't make sense to start all over.

[Crazy Cat 41,888]

36 minutes ago, Orientalelf said:

Knowing what we know now about backlogs and waiting times, is the CR-1 still worth it?

You bring up a very good question.  Normally, I would say that it doesn't make sense to withdraw your K-1 this late in the game.  However, even if you did that now, your fiance/spouse might have a Green Card in hand a little earlier than if you went the conventional K-1/AOS route........but it would be an expensive route.

I'm sure most people, including me,  would say you should just wait......

 

 

[gregcrs2 1,778]

Have you done an e-request for outside normal processing time?

https://egov.uscis.gov/e-request/displayONPTForm.do?entryPoint=init&sroPageType=onpt

 

[Unlockable 7,314]

Based on your timeline you are at 9 months, not a year. Nine months is actually not unheard of.

 

Yes, K1s are taking longer than usual.

 

You are more than half way of the process so better to waiting it out.

 

Patience is key.

[JFH 12,190]

You’re not even at 9 months yet (but you will be next week). Looking at current trends, it’s not that far off the mark. 

 

If you were to start over, you’d still be dealing with USCIS, who you have found to be rude (that was never my experience so I’ll say it was just bad luck, maybe?) and a lawyer will not speed things up or improve your chances of being approved. 

[Crazy Cat 41,888]

One more thing:  For a straight forward case, an attorney mean nothing but added, needless expense.....In our case (as straight forward as a case can be), I feel the attorney's negligence caused us a 12 week delay.

[Orientalelf 50]

2 hours ago, G Walters said:

Has the US petitioner contacted his senator in WA D.C. This could help jog it though the system. At least you might get a better read on what is happening.

He has and the office got the same generic answer as us.
 

1 hour ago, gregcrs2 said:

Have you done an e-request for outside normal processing time?

https://egov.uscis.gov/e-request/displayONPTForm.do?entryPoint=init&sroPageType=onpt

 

We've done 2 of these and 2 submitted by the office themselves.
 

1 hour ago, NuestraUnion said:

Based on your timeline you are at 9 months, not a year. Nine months is actually not unheard of.

 

Yes, K1s are taking longer than usual.

 

You are more than half way of the process so better to waiting it out.

 

Patience is key.

I say we are borderlining because there are people with very similiar case structures at a year and still waiting. Not to be pestimistic, but I have a feeling ours will be the same with the generic answers. If it does get to a year, do I still wait it out? That's the question. 
 

1 hour ago, JFH said:

You’re not even at 9 months yet (but you will be next week). Looking at current trends, it’s not that far off the mark. 

 

If you were to start over, you’d still be dealing with USCIS, who you have found to be rude (that was never my experience so I’ll say it was just bad luck, maybe?) and a lawyer will not speed things up or improve your chances of being approved. 

Bad luck must run deep in our roots then haha, we've had horrible people every time. 
 

1 hour ago, missileman said:

One more thing:  For a straight forward case, an attorney mean nothing but added, needless expense.....In our case (as straight forward as a case can be), I feel the attorney's negligence caused us a 12 week delay.

Wow, I'm very conflicted on seeking advice from a lawyer now. The whole system is blotched. 

[Lemonslice 4,854]

What do you think a lawyer would do for you that you can't do yourselves? 

From the outside, I do not see why you would need the assistance of a lawyer since your application seems to be processed normally so far, but maybe you know your situation requires legal help.  

[dwheels76 5,468]

Getting married starting all over puts you at the back of the line and a 10 to 12 month wait soo you gain nothing. I know a few K1' waiting so wait you must it's actually normal processing.

 

Hang in there it will come. Just be ready to run like the win when you get that approval.

[Orientalelf 50]

13 minutes ago, Lemonslice said:

What do you think a lawyer would do for you that you can't do yourselves? 

From the outside, I do not see why you would need the assistance of a lawyer since your application seems to be processed normally so far, but maybe you know your situation requires legal help.  

Absolutly nothing for our K-1. But if we decide to withdraw I thought getting a lawyers help for the CR-1 might be a good idea. 

 

6 minutes ago, dwheels76 said:

Getting married starting all over puts you at the back of the line and a 10 to 12 month wait soo you gain nothing. I know a few K1' waiting so wait you must it's actually normal processing.

 

Hang in there it will come. Just be ready to run like the win when you get that approval.

The 7-14 month average tells me nothing, but we've done everything in our power to get answers. We have no choice but to wait but at this point being backtracked another 12 month feels more accomplishing than waiting with no purpose lol   

[Crazy Cat 41,888]

7 minutes ago, Orientalelf said:

Absolutly nothing for our K-1. But if we decide to withdraw I thought getting a lawyers help for the CR-1 might be a good idea. 

 

The 7-14 month average tells me nothing, but we've done everything in our power to get answers. We have no choice but to wait but at this point being backtracked another 12 month feels more accomplishing than waiting with no purpose lol   

I hope you get your approval very soon.  I don't think an attorney would be worth the expense for a CR-1...especially since you would have already forfeited your K-1 fee........but there are advantages to a CR-1 for many couples.  I am not advocating that you should withdraw your current petition, but this is my analysis:

K-1

More expensive than CR-1    
Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
Spouse can not work until she/he receives EAD (approx 5-6 months)    
Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
Spouse will not receive Green Card for many months after Adjustment of Status is filed.

 

CR-1    
Less expensive than K-1    
No Adjustment of Status  (I-485, I-131, I-765) required.    
Spouse can immediately travel outside the US    
Spouse is authorized to work immediately upon arrival.    
Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
Spouse has legal permanent Resident status IMMEDIATELY upon entry to US. 

My Final Analysis:  If you can marry your fiance in his/her country or outside the US, CR-1 is a much, much better option

[belinda63 3,038]

You might as well wait it out. If you cancel the K-1 and file for the CR-1 you will start the wait all over again (another one year plus). While many attorneys will promise you the process will be faster with their help that is not true. No one can bump you to the head of the line, not an attorney, not your congressman, (unless you have a legitimate expedite reason). 

[CharleneB 112]

Another vote for waiting it out. You could run into a similar problem/delay with the spousal visa as well.