K-1 will cancel my girlfriends current 10 year B-2 visa?

[elkski 30]

15 months  with a wife not being able to work.  That is financially ok but it does make me worry about boredom and possible stress on a new relationship.  I  admit  I didn't ever read it took so long.  

  But I did guess  the times are just growing but couldn't guess how much. 

[SalishSea 18,148]

1 minute ago, elkski said:

15 months  with a wife not being able to work.  That is financially ok but it does make me worry about boredom and possible stress on a new relationship.  I  admit  I didn't ever read it took so long.  

  But I did guess  the times are just growing but couldn't guess how much. 

There is some disconnect going on here.  15 months was our particular wait time for a GC interview.  Many field offices nationwide are taking less time, some are longer.

 

Like I have stated twice in this thread, the AP/EAD (advance parole/ employment auth doc) are taking 5-7 months.  Once an applicant has that, he/she can work.  See?

 

If you go to USCIS.gov, you can check today's processing times for all forms and petitions, by service center or field office.  

[elkski 30]

I hope we are not hijacking this thread to much. 

I hope my fiance  gets the k1 visa in 10 months. If it takes another 6 for the green card I am braced for this.   I assume my processing center will be Ca.  I did look at timelines on USCIS  site. But those  visas are completed  and how do those times relate to new applications going in 8- 9 months later.  I understand there is an intentional understaffed situation.  Was there any reason yours took so much longer than average?  I am a patient man but I do worry.  All my family  and friends think I'm crazy.  

Edited February 20, 2020 by elkski

[SalishSea 18,148]

19 minutes ago, elkski said:

I hope we are not hijacking this thread to much. 

I hope my fiance  gets the k1 visa in 10 months. If it takes another 6 for the green card I am braced for this.   I assume my processing center will be Ca.  I did look at timelines on USCIS  site. But those  visas are completed  and how do those times relate to new applications going in 8- 9 months later.  I understand there is an intentional understaffed situation.  Was there any reason yours took so much longer than average?  I am a patient man but I do worry.  All my family  and friends think I'm crazy.  

Our field office (Seattle) has a processing time of something like 13-23 months for the AOS.  Other offices, such as Houston, NYC, SF etc are similar.  This is why it is worth looking up your local office.

 

All I-129f petitions for K-1 are currently processed at the California Service Center.

 

And you're right, processing times are fluid and always changing.  

 

[Zoeeeeeee 797]

1 hour ago, elkski said:

Overall it's a terrible  process.   It's sad there is such a backlog.  Could Amazon  take 4 months to look at your order?

Just throwing out there that importing a human being is a little more complex than buying windshield wipers on Amazon. All parts of the process take a while...but we're still lucky the process exists and we have the option to be with our loved ones.

 

I immigrated 3 months ago by the way and am currently arranging to visit local nursing homes with my dog - volunteering is a great way to keep yourself busy and keep boredom/loneliness at bay. 

 

[geowrian 22,338]

Research. Research. Research. There's lots to do before filing. It sounds like you just started looking into the process, which is totally fine, but know what you're getting into before you file anything.

The K-1 is fine, and I did it myself. Just know of the drawbacks, such as with travel, work, possibly not being able to drive, etc. for several months. Or what happens if the marriage doesn't work out before the green card is approved.

 

Edit:

1 hour ago, elkski said:

Could Amazon  take 4 months to look at your order?

Amazon is a for-profit company focused on providing goods & services against competition. The role of USCIS and the DOS isn't to make you happy and use them again.

I'm not saying that things couldn't or shouldn't be better. But the process is so much more complex than placing an order.

Edited February 20, 2020 by geowrian

[Zoeeeeeee 797]

5 hours ago, guitardaniel said:

Hi.

 

I was filling out the K-1 form last couple days, and was speaking to my girlfriend and needed all of her beneficery information.

 

But the conversation got cut short, when she declared that she "spoke to a friend" and found out her current valid B-2 visa would be canceled upon me filing a K-1.

 

Is this true? It does not even make logical sense to me if it is true.

 

She had a 10 year visa before that, all entries/exits in very good standing.

I used my B1 visa throughout my K1 process, right up until I was interviewed and got my K1 - I was actually with my now-husband in the US two days before my K1 interview 🙃.

[elkski 30]

13-23 months  for  AOS?  Is this for a k1 applicant? Or does it matter .  Is this time from initial I129f?  Eeek.  I have been reading  about Visa  for a couple  years.  I think on VJ the average to get a k1 is 245 days but I was hoping some trouble  cases stretch that out for what I hope is my easy case.   Marriage isnt something to rush into.  Why is as failed marriage worse on a k1 than CR1?  I'm baffled. 

[SalishSea 18,148]

5 minutes ago, elkski said:

13-23 months  for  AOS?  Is this for a k1 applicant? Or does it matter .  Is this time from initial I129f?  Eeek.  I have been reading  about Visa  for a couple  years.  I think on VJ the average to get a k1 is 245 days but I was hoping some trouble  cases stretch that out for what I hope is my easy case.   Marriage isnt something to rush into.  Why is as failed marriage worse on a k1 than CR1?  I'm baffled. 

You do understand the difference between the petition phase, visa, and AOS, right?  I feel like you're not getting something here.  And you have already submitted a petition??

[SalishSea 18,148]

9 minutes ago, elkski said:

I have been reading  about Visa  for a couple  years. 

Maybe you have chosen the wrong sources to read.  You need to do much more reading.

[geowrian 22,338]

2 minutes ago, elkski said:

13-23 months  for  AOS?  Is this for a k1 applicant? Or does it matter .  Is this time from initial I129f?  Eeek.  I have been reading  about Visa  for a couple  years.  I think on VJ the average to get a k1 is 245 days but I was hoping some trouble  cases stretch that out for what I hope is my easy case.   Marriage isnt something to rush into.  Why is as failed marriage worse on a k1 than CR1?  I'm baffled. 

I suggest taking a look at the flowchart. You seem to be lost on the steps.

 

Short version

K-1 Process

1) You file the I-129F petition.

2) Wait for approval

3) Approved I-129F i sent to NVC

4) NVC assigns a case number and sends it to the consulate.

5) The consulate receives the case and sends or directs you to a packet. Specifics vary by consulate.

6) Medical exam, DS-160, pay the MRV fee, get PCCs and other docments, etc.

7) Interview

8: Administrative Processing. Usually days. Can be weeks or months or longer, depending on exactly what is needed to complete the case.

9) Visa issued and delviered

10) POE (entry)

K-1 done

 

AOS:

1) Marry within 90 days (Getting an SSN and such is suggested before this, but not required)

2) File the I-485 (AOS) packet. I-131 and I-765 suggest to travel (and return) and work

3) Wait for approvals of I-131 and I-765

4) Get an interview date

5) Interview

6) Wait for approval

7) Green card

AOS done

 

In 2 years, you do ROC.

Naturalization is optional after this (at the 3 or 5+ year mark from AOS approval, depending on circumstances).

 

*These are the happy paths. There's more to them if something goes wrong.*

 

One issue with the K-1 is that if it doesn't work out before AOS is approved, the beneficiary is up the creek without a paddle. They have no means to remain in the US. They basically gave up their life to come to the US and now have to go back.

With a CR-1, there is no AOS process. Permanent residency is obtained upon entry on the visa. So if the marriage doesn't work out, they have the option to stay in the US if they want.

[elkski 30]

I just turned in packet 1 for application.  I read 5-6 months for Thailand interview and packet 2,   total  of 250 days I hope maybe 300.   Then a month to get her here.  And we marry. This most important to me.  Then apply for change of status  which I had read was  6 months.   So I figured  18 months total from today.  But your saying 13- 23 months to process AOS in our office not 6?  OMG.   I admit I don't know what point a new immigrant can drive but I hope it's not after AOS?   Time does matter to us but we fell this is our destiny.    

[geowrian 22,338]

Lookup the I-485 (AOS) time for your local field office. https://egov.uscis.gov/processing-times/

Local field office: https://www.uscis.gov/about-us/find-uscis-office/field-offices

 

The requirements to get a driver's license are dictated by the state that issues it. Some may let you on K-1. Some may let you with a pending I-485. Some may require an EAD.

[Mike E 11,742]

OK, OP you are being pessimistic on the K-1. 

 

Once she enters the USA, figure a month to get married, then file for AoS, Advance Parole, and Employment Authorization at the same time. In 6 months get AP/EAD.  She can work and/or travel home. And in 4 months after that get green card.

[elkski 30]

6-15 months in my office for AOS.  I guess by the time we apply in 12 months it most likely will be longer?  Any chance these times will shorten?  Or is caseload always going  up.  I dont see how moving to Thailand for 18 months CR1 wait would be better. But I could have.  

Edited February 20, 2020 by elkski