Massive delay K1 Visa processing

[MarioBG 0]

Hi everyone,

 

I have Spanish nationality but at the moment (since 2016) I'm living in Bristol (United Kingdom). More than one year ago, my partner (from and living in San Francisco, California) and I decided to get married. Then, my fiancé submitted the K1 Visa in May 2018, requesting that it be managed through the Consulate in London as I am registered there as Spanish citizen in the UK. A few days later, we received the confirmation that this application (I-129F) was received by the USCIS California Service Centre in Los Angeles.

 

Ever since, 15 months later, this application hasn't been approved yet. We haven't received any proper feedback from them (not even RFE) that explains this massive delay of our petition. We've sent monthly enquiries for updates of our case always receiving the same answer "background checks still ongoing", with no further explanation.

 

My fiancé has also contacted her corresponding Congresswoman, Vanessa Lee, for further information, with no success and no other than the same answer again "additional research is required". Our lawyer, who assured us that the details we sent together with our application was more than enough and complete, hasn't either provided us alternative solutions or information that explain this delay.

 

We are desperate as we don't really know what's going on with our application. We haven't found any explanation and, thus, we don't know what to do in order to accelerate this process. Apart from that, if I'm not wrong, the USCIS CA Service Centre doesn't accept walk-in visits unless they require us to, so there isn't any efficient way to communicate with them for a better understanding of this delay.

 

Any help, suggestion, information or assistance will be hugely appreciated in order that we understand what's going wrong with our application.

 

Thanks in advance!

 

[Crazy Cat 41,845]

Your fiance or the attorney can call and/or email USCIS and submit an official inquiry............not much more can be done....

[SmallTownPA 72]

Ask you lawyer about withdrawing the K1, get married, then submit an IR-1.

[geowrian 22,337]

Withdrawing and re-submitting a new petition (I-129F or I-130 if you get married first) will not bypass security checks. There is a significant risk of just resetting the clock by doing so.

 

I don't normally suggest this, but since it's in possession of USCIS and it has been an extended period of time, you might want to ask your lawyer if a Writ of Mandamus (WoM) is appropriate.

To be clear: if the issue is really background checks, a WoM will not bypass it. There's no bypassing of security checks. If the case has been lost, misplaced, etc., then it can compel them to get their act together and make a decision.

 

Edit: Also, did you reach out to the ombudsman?

Edited August 10, 2019 by geowrian

[Dashinka 24,493]

I would have your fiancé attempt an inquiry through the ombudsman first, then if nothing is done follow @geowrianadvice.

 

Good Luck!

 

https://www.dhs.gov/case-assistance

[alun 73]

I saw such a massive delay when the US fiancé had a criminal record . USCIS responded more than a year later .

[SmallTownPA 72]

37 minutes ago, geowrian said:

Withdrawing and re-submitting a new petition (I-129F or I-130 if you get married first) will not bypass security checks. There is a significant risk of just resetting the clock by doing so.

I was thinking more along the lines of it might get sent to a different processing center.

 

Some USCIS office (Vermont) are just plain garbage w/r/t processing time.  

 

Reset the clock?  Maybe... but IR-1 is cheaper and 'faster' when you consider the time K1s need to wait to AOS.