K1 Visa Delays: So frustrated and disappointed, I don't know what to do

[powerpuff 6,744]

Just now, Ecofolux2427 said:

I'm just merely inquiring about all possibilities. The reality is she's just visiting on her tourist visa and will fly back to China for her interview and then re-enter the US with her proper K1 Visa.

That’s great and I answered your question whether or not it’s a possibility by stating that coming as a tourist with a preconceived intent to adjust status is not legal/immigration fraud. 

 

16 minutes ago, rich rich said:

That's exactly what a lawyer suggested I do.  But I agree with powerpuff, it sounds like textbook immigration fraud, especially since you already filed a K1.

not surprised, I’ve heard lawyers advise worse. It’s unfortunate 

[Ecofolux2427 11]

20 minutes ago, rich rich said:

That's exactly what a lawyer suggested I do.

How did they suggest you do it?

[rich rich 10]

31 minutes ago, Ecofolux2427 said:

I'm just merely inquiring about all possibilities. The reality is she's just visiting on her tourist visa and will fly back to China for her interview and then re-enter the US with her proper K1 Visa.

She would not qualify for k1 if she marries you before getting the visa. You would have to refile with I-130 because she is no longer your fiance, she has become your wife.

 

have you filled out this form for waiting times outside the norm?

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

Edited November 1, 2022 by rich rich

[Ecofolux2427 11]

2 hours ago, rich rich said:

have you filled out this form for waiting times outside the norm?

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

Thank you, I have not. I reached out to my state representative and they applied to expedite the process but was denied, so I "still have to wait". I will look into the form you suggested, thanks again.

[rich rich 10]

5 hours ago, Ecofolux2427 said:

Thank you, I have not. I reached out to my state representative and they applied to expedite the process but was denied, so I "still have to wait". I will look into the form you suggested, thanks again.

 

5 hours ago, Ecofolux2427 said:

Thank you, I have not. I reached out to my state representative and they applied to expedite the process but was denied, so I "still have to wait". I will look into the form you suggested, thanks again.

Unless you're rich or have powerful connections, politicians probably won't help you. What did the state rep say?

 

What stage is your application at? Have you received NOA2? I think someone recommended you fill out your timeline. I think that's wise

[anthonytanno 1]

Hey Ecofolux2427.......hang in there buddy. Don't listen to some of the nay sayers here as some have HORRIBLE bed side manner. I've gotten in trouble on this forum for speaking against some of the more callous folks on this site ( by the admin ). We did ours in August 2021 in Texas then it was sent to the Cali center and I feared that would only add to the delay, which it most certainly did, anyways.......hang in there. We just got our approval ( Nov. 4th ) and now have to wait for the NVC in Laos ( hubby is USA and wifey is Laos ) and there's even more time after that but you guys should be soon. Head up and stay occupied and prepared for your partner to get here to the states. It's heartbreaking and tough but all the sweeter when they arrive legally. Don't risk immigration fraud and just stay ready....best of luck.

[RA_PH1 5]

On 9/26/2022 at 1:25 PM, Nuba said:

Most embassies were completely closed for up to a year.  There were zero interviews being done.  

 

I129-F is all paper based. Do you think there might be privacy issues with the government sending our personal information packets to employee's homes?

I also work for the government. As someone else mentioned here...people bring home sensitive documents all the time. There's a section of our agency like USCIS that just process paper work applications and they all work from home. The files and paperwork are scanned into the system (sometimes by contractors) and the person processing it does it all digitally from their work laptop at home. This is also why certain positions require clearances. The clearance tells the government they can trust this person handling this type of information. We get emails of reminders and part of our remote work agreement explicitly states we are responsible for securing sensitive information when working from home. For example, we're not allow to work in like a Starbucks or out of a McDonalds where people can easily see our screens. 

I'm not sure about USCIS processing centers, but our processing centers are GS-5 to GS-8 pay. Which is not great pay in most locality areas. I can see why they may have a staffing shortage since wages have increases everywhere. Also, it's never fun working at a processing center. From what I was told of people that worked there...the quotas are sometimes not easily met. It depends on the application you are getting. Cause some people just send in a huge mess. They do appreciate things being sent in organized manner more. It is more easier to read through and process.

Just like everyone else, I too am also frustrated by the processing time that just keeps going up. USCIS said they hope to get the K1 visas down to 6 months processing time by end of FY2023. But I haven't seen it go down yet since I filed in July 2022. Nor do I think they are able to hire additional staff to help. Since I am in the government too...the budget for our agency has not been approved and neither has most other agencies. So we are working in a CR (Continued Resolution) which means only bare minimum spending. I attached a screenshot of their budget proposal for FY2023 (that has not been approved due to politics around government budgets). The president's budget request for USCIS is to increase their operations and support staff up to about 4,000 personnel. I think that includes the processing center too. If the budget gets approved, hopefully it will mean processing times to start going down after 2 or 4 months (training and hiring time for new employees). However, our CR is due to expire in December 2022 and it may be another CR even though Democrats controls both congress and the presidency.

 

Take into account the big election this year in November 2022 as well. Make sure you go out to VOTE!

[Will Schu 6]

I know how you feel. My fiancée and I even went and toured around the outside of the embassy we chose. 
 

Hang in there. We filed and got confirmation in May 2021. They didn’t approve the petition until August 2022, and the NVC only just sent it to our embassy on October 25th.

 

The one thing that irks me the most is that each place said they have to enter our information into their system. Not sure why USCIS doesn’t allow database synchronization, and why each office is using different (wild guess) software.

[rich rich 10]

17 hours ago, Will Schu said:

I know how you feel. My fiancée and I even went and toured around the outside of the embassy we chose. 
 

Hang in there. We filed and got confirmation in May 2021. They didn’t approve the petition until August 2022, and the NVC only just sent it to our embassy on October 25th.

 

The one thing that irks me the most is that each place said they have to enter our information into their system. Not sure why USCIS doesn’t allow database synchronization, and why each office is using different (wild guess) software.

Do you think you were delayed because your fiance is from Iran?

[Will Schu 6]

38 minutes ago, rich rich said:

Do you think you were delayed because your fiance is from Iran?

It is possible, but I cannot say for sure. I want to give them the benefit of the doubt and say they're still attempting to recover from the covid backup. It's been almost 2 years since any covid public health measures, but I'll still give them the benefit of the doubt.

[usaman1999 17]

I just received my 129F approval notice in the mail today; approved on 11/9/22 after 440 days in California. 

[rich rich 10]

16 minutes ago, usaman1999 said:

I just received my 129F approval notice in the mail today; approved on 11/9/22 after 440 days in California. 

wow, a year and 2 months.  Just to double check, you only got your NOA2 right?  So still need to go through NVC and interview?

[RamonGomez 272]

I can't believe how crappy of a deal the K1 has become. At one point is seemed decent when they were processed in under <6 months and AOS was taking 4-8 months, but CR1s were taking 12-18 months.

 

Waiting 14 months for I-129 approval, plus X months for NVC/embassy interview, imagine then waiting 18 months for an AOS interview (and hoping you get EAD/AP quickly) so you still only get a 2-year green card, and then have to go through the ROC hassle which can take 1-3 years and costs more more money. Unless it's impossible to get married (eg petitioner can't travel to visit, like in the case of China), is there any benefit whatsoever to the K1 nowadays vs a CR1? 

Edited November 14, 2022 by RamonGomez

[Will Schu 6]

1 hour ago, usaman1999 said:

I just received my 129F approval notice in the mail today; approved on 11/9/22 after 440 days in California. 

Congratulations! 

I know your pain. Ours took 442 days. We submitted in May 2021, and got our NOA1 showing May 17 at receipt date. 

It took USCIS until August 11 to review and approve it and get it over to the NVC.

I keep reading that people have had good experience with the NVC. Mine was the exact opposite.

It took them two months to enter our information and send it to the embassy we chose. Those two months ate up two months of the four USCIS gives the approval. 

 

The NVC has not been transparent on what steps they are on, and never send a notification.

After 6 weeks of waiting for some word from the NVC I had to send them an email asking if they located my case.

The problem there is that should I have to ask? Shouldn't they update the petitioner of any status updates?

The only thing to come from the NVC is the K1_FTP notification two months after they received it.

 

Don't give up hope. We're trying to hang in there, and this process has been the largest and primary reason for relationship stress that we have in an otherwise peaceful, amiable, and caring relationship for the past 4 years.

 

 

[Ecofolux2427 11]

40 minutes ago, RamonGomez said:

is there any benefit whatsoever to the K1 nowadays vs a CR1? 

I don't believe so, but as you mentioned, my specific situation did not allow any other way. I couldn't enter China and my finacee couldn't leave (at the time). However, now that China has slightly relaxed about letting citizens leave, my finacee and I will give thought to marrying elsewhere and just apply to the CR1.