Venting my Frustration

[Gomast 65]

While I feel very lucky to share my life with my wife here in the US, especially after we lived apart during the K-1 process, I am frustrated that I haven't been able to visit my home country (Israel) and see my friends and family since I arrived to the US on July 2019. I have been waiting for the GC since 9/23/19. I have been waiting for AP approval since 3/21/21. I already submitted 3 outside normal processing times requests. USCIS hasn't responded to any requests. The EAD took 18 months to approve. My drivers license renewal was pending EAD approval.

 

I think that the USCIS should change their AP policy:

1. EAD should be automatically issued for 180 days, upon entry with K-1.

2. Once USCIS approves the I-131, it should be valid for at least for 3 years, (considering current "normal processing times"). Otherwise, the AP should be valid until USCIS decision on the I-485.

 

I know that I need to be patient, and I am trying, but this immigration process could be made much more accommodating to the beneficiary, without compromising the immigration process.

[Boiler 45,467]

You used to be able to get a stamp in your passport that was your EAD.

[Timona 4,207]

I thought Miami was one of  the fastest USCIS locations?

Edited January 4, 2022 by Timona

[Gomast 65]

17 minutes ago, Timona said:

I thought Miami was one of  the fastest USCIS locations?

I went through the processing times of various cities in the US (i know, I was that board 😂) and Miami is one of the slowest in the US

[Gomast 65]

37 minutes ago, Boiler said:

You used to be able to get a stamp in your passport that was your EAD.

Exactly, that would have been ideal. I assume that it was canceled because they wanted to prioritize Americans for jobs, and I can understand it. 

They should give a stamp in the passport for AP. It won’t hurt Americans, and it would be such help for beneficiaries who still need to visit their home country. 

[millefleur 5,046]

2 minutes ago, Gomast said:

I went through the processing times of various cities in the US (i know, I was that board 😂) and Miami is one of the slowest in the US

Cleveland, OH I think is one of the few fast USCIS offices. Seems like a lot of other places have slowed down to a grinding halt since Covid.

 

To be honest, the AP thing for K-1's baffles me. What is the purpose of limiting their travel outside the US? I guarantee most K-1 people would come right back and most would only travel for short periods while waiting for the GC to arrive. EAD I can maybe understand more as work authorization is a big privilege and a coveted right, but AP I just don't get at all. What is the concern, that K-1 people will just go back to their home countries and wait out their GC's there? Why would they do that if the whole point of a K-1 was to get here quickly to be with their fiance(e)? I just don't get it.

[Boiler 45,467]

I am not aware of any government source that says the K1 should be quicker, now historically it often has but certainly not always.

 

Seems very unlikely EAD has anything to do with prioritising Americans for jobs.

 

I can remember when EAD/AP was c60 days. 90 days and you could expedite.

[Gomast 65]

I don’t understand why a tourist can enter and depart the US as he wishes (within his B2 visa restrictions), but a person who had his K-1 approved, has been married for 2.5 years to a USC,  and did everything legally, cannot leave at all, for almost 1 year.  

[Boiler 45,467]

8 months seems to be the norm nowadays and like I said it used to much much quicker.

[aaron2020 11,651]

11 minutes ago, Gomast said:

I don’t understand why a tourist can enter and depart the US as he wishes (within his B2 visa restrictions), but a person who had his K-1 approved, has been married for 2.5 years to a USC,  and did everything legally, cannot leave at all, for almost 1 year.  

Tourists are non-immigrants.  

K-1 visa holders can adjust status and immigrate.

 

Different types of visas.  Different rules.  

It's also the law.  You made your choice with a K-1, and the law has not changed since you applied.  If leaving the US was a priority, you should have gone with a CR-1 visa.  

The only way to change immigration laws is to petition Congress.  Nothing has changed in 35 years.  Isn't going to change now.  

Edited January 4, 2022 by aaron2020

[Gomast 65]

1 hour ago, aaron2020 said:

Tourists are non-immigrants.  

K-1 visa holders can adjust status and immigrate.

 

Different types of visas.  Different rules.  

It's also the law.  You made your choice with a K-1, and the law has not changed since you applied.  If leaving the US was a priority, you should have gone with a CR-1 visa.  

The only way to change immigration laws is to petition Congress.  Nothing has changed in 35 years.  Isn't going to change now.  

True. I have made my decision. It were probably better if I would have applied for CR1. And you’re right, the law hasn’t changed. Just the processing times significantly increased. 

But my point is more about the rationale behind these policies. I don’t see a reason to withhold a spouse from visiting his country of origin while the AOS is pending. I don’t see a reason to approve AP only for one year, and then to apply for renewal and wait for another 1 year to have it approved. It makes more sense that once AP is approved, it will be valid until a decision is made on your I-485. This would decrease the workload on the USCIS, and would make life easier for the immigrant. 

[African Zealot 1,455]

4 hours ago, Gomast said:

But my point is more about the rationale behind these policies. I don’t see a reason to withhold a spouse from visiting his country of origin while the AOS is pending. I don’t see a reason to approve AP only for one year, and then to apply for renewal and wait for another 1 year to have it approved. It makes more sense that once AP is approved, it will be valid until a decision is made on your I-485. This would decrease the workload on the USCIS, and would make life easier for the immigrant. 

I don’t think anyone has withheld anyone from visiting your country. You can go however there are consequences.

 

In any case the system wasn’t designed to take 8+ months to approve EAD’s and Advance Parole. When the system was designed it only took a couple months, things have just gradually changed with more immigrants, more detailed checks, etc etc.

Edited January 5, 2022 by African Zealot

[SalishSea 17,818]

10 hours ago, Gomast said:

While I feel very lucky to share my life with my wife here in the US, especially after we lived apart during the K-1 process, I am frustrated that I haven't been able to visit my home country (Israel) and see my friends and family since I arrived to the US on July 2019. I have been waiting for the GC since 9/23/19. I have been waiting for AP approval since 3/21/21. I already submitted 3 outside normal processing times requests. USCIS hasn't responded to any requests. The EAD took 18 months to approve. My drivers license renewal was pending EAD approval.

 

I think that the USCIS should change their AP policy:

1. EAD should be automatically issued for 180 days, upon entry with K-1.

2. Once USCIS approves the I-131, it should be valid for at least for 3 years, (considering current "normal processing times"). Otherwise, the AP should be valid until USCIS decision on the I-485.

 

I know that I need to be patient, and I am trying, but this immigration process could be made much more accommodating to the beneficiary, without compromising the immigration process.

Did you not apply for all three concurrently?  (AOS/EAD/AP)

[SalishSea 17,818]

6 hours ago, Boiler said:

8 months seems to be the norm nowadays and like I said it used to much much quicker.

We did ours 3 years ago, and it took 4.5 months.....

[SalishSea 17,818]

4 hours ago, Gomast said:

I don’t see a reason to approve AP only for one year, and then to apply for renewal and wait for another 1 year to have it approved. I

What do you mean?  Holders of AP/EAD combo cards can apply for extensions 90 days prior to expiry, and the 'renewal' is the NOA letter.  How is that taking a year?