Due to out of control wait times, is suing an option? Are there any class actions? Also, a question on tourist visa marriages.

[ganymede4 0]

Since so many people are going through similar ordeals, are there other legal routes people are aware of that they can share to expedite the process?

 

I looked into filing an expedite request under humanitarian grounds with USCIS, but there's $2500 fee. It just seems outrages considering we've already paid and we've already waited 13 months.

 

I know everyone says not to have the fiance come on a tourist visa and get married, but I've got half a mind to invite her with the express purpose of getting married and being upfront about it. I will tell the officer that we tried to do things the legal way, but due to circumstances outside our control, the situation became untenable and they forced our hand. It's unethical for the US government to keep us apart for so long. Moreover, my fiance is in China under increasingly anxiety causing, suppressive conditions. With the deteriorating US/China relationship and the impending Taiwan war, we worry a time might come soon that she will not be able to leave. Lastly, the fee unfairly discriminates against less wealthy couples.

 

We don't have the money for the expedite fee, but any thoughts on if this argument would hold up? I know how naive it might sound, but we're feeling desperate.

[Rocio0010 5,579]

6 minutes ago, ganymede4 said:

but due to circumstances outside our control

You could always live in a third country.

I do understand your frustration, but any officer can tell you “if you’re so desperate to be together, you can do so in a third country”. 

7 minutes ago, ganymede4 said:

worry a time might come soon that she will not be able to leave

Have her leave now to another country. 

 

8 minutes ago, ganymede4 said:

the fee unfairly discriminates against less wealthy couples.

That’s arguable. At least they’re upfront about the fees.

 

Your plan to have her come on a tourist visa and stay is fraudulent. She will have issues either now, or in a few years down the road. Just don’t do it .

[powerpuff 6,674]

19 minutes ago, ganymede4 said:

I looked into filing an expedite request under humanitarian grounds with USCIS, but there's $2500 fee.

That’s premium processing and it’s only available for employment categories, not family ones. Even those couples who are wealthy cannot apply for that.
 

21 minutes ago, ganymede4 said:

but any thoughts on if this argument would hold up?

It won’t hold up… they will not allow people to blatantly violate immigration laws. 

 

24 minutes ago, ganymede4 said:

It's unethical for the US government to keep us apart for so long.

what about those US citizens who are sponsoring their spouses? They are separated for years in some cases. Certain applicants from countries with a large backlog have waited 4+ years (Haiti, Nigeria for example). We have a member here @JeanneAdil who is a US citizen and it took 6 years for her to bring her husband over

 

I sympathize with your situation but this is the reality of a highly inefficient and slow process that is US immigration. The only real change is to have a complete overhaul of the entire immigration system and I doubt that will happen. It is simply not an priority for existing political leaders. 
 

This again highlights how K1 category has become completely inefficient. It will probably take less time to complete the spousal visa process which allows a person to enter the US as lawful permanent resident which cannot be said for a K1 applicant  

 

 

 

 

 

[Mike E 11,739]

51 minutes ago, ganymede4 said:

We don't have the money for the expedite fee

If you don’t have the money for an expedite fee then how is it you have the money to sue?

 

Anyway as this is a K-1 petition, and thus the petitioner is a U.S. citizen, the 9th circuit ruled that the petitioner  in you case  does indeed have standing to sue the government.   See my topic post:

 

 

[SalishSea 17,801]

1 hour ago, ganymede4 said:

Since so many people are going through similar ordeals, are there other legal routes people are aware of that they can share to expedite the process?

 

I looked into filing an expedite request under humanitarian grounds with USCIS, but there's $2500 fee. It just seems outrages considering we've already paid and we've already waited 13 months.

 

I know everyone says not to have the fiance come on a tourist visa and get married, but I've got half a mind to invite her with the express purpose of getting married and being upfront about it. I will tell the officer that we tried to do things the legal way, but due to circumstances outside our control, the situation became untenable and they forced our hand. It's unethical for the US government to keep us apart for so long. Moreover, my fiance is in China under increasingly anxiety causing, suppressive conditions. With the deteriorating US/China relationship and the impending Taiwan war, we worry a time might come soon that she will not be able to leave. Lastly, the fee unfairly discriminates against less wealthy couples.

 

We don't have the money for the expedite fee, but any thoughts on if this argument would hold up? I know how naive it might sound, but we're feeling desperate.

What do you mean, expedite fee?  That isn't a thing for your visa category.

 

You are flagrantly posting on a public forum your plan to commit immigration fraud.  That is dumb.  Reporting this thread.

[Loren Y 2,755]

If your 13 months in, don't see it being much longer now. Maybe 4 more months, 6 at the outside. I wouldn't start getting crazy just yet, Everything takes forever with immigration. Took 14-15 months for the last I130 I did for my stepson, he just entered the 9th of November. My wifes I751 has been pending for over 2 years, we just filed her N400 for citizenship on the 19th of this month. Everything takes forever with the US government. Wait until she gets here and your trying to get the work permit and Advanced parole, save your energy for that fight.

[Lynxyonok 316]

1 hour ago, ganymede4 said:

Since so many people are going through similar ordeals, are there other legal routes people are aware of that they can share to expedite the process?

 

I looked into filing an expedite request under humanitarian grounds with USCIS, but there's $2500 fee. It just seems outrages considering we've already paid and we've already waited 13 months.

 

I know everyone says not to have the fiance come on a tourist visa and get married, but I've got half a mind to invite her with the express purpose of getting married and being upfront about it. I will tell the officer that we tried to do things the legal way, but due to circumstances outside our control, the situation became untenable and they forced our hand. It's unethical for the US government to keep us apart for so long. Moreover, my fiance is in China under increasingly anxiety causing, suppressive conditions. With the deteriorating US/China relationship and the impending Taiwan war, we worry a time might come soon that she will not be able to leave. Lastly, the fee unfairly discriminates against less wealthy couples.

 

We don't have the money for the expedite fee, but any thoughts on if this argument would hold up? I know how naive it might sound, but we're feeling desperate.

Romans had a saying:

 

Dura lex sed lex.

 

A law can be stupid, but it's law.

 

USCIS operatives follow policies to the letter - just ask anyone who ended up with an RFE for a single box left unchecked. Courts do too.

 

The concept of one's hand having been forced may and does work in some cultures, but not in this one. A law is followed or there are consequences. Costly ones.

 

Here are your options:

 

- File a free expedite request with USCIS ($2500 is incorrect)

- Ensure you explain the impact on you not her

- Contact your congressman or Senator

- If all else fails, google "Writ of Mandamus"

 

P.S. Aren't China's borders still closed?

P.P.S. USCIS has a fee waiver program based on income, do not assume their price stickers are set in stone. However, their income requirements for certain forms, e.g., a percentage over poverty minimum, are solid.

[SalishSea 17,801]

8 minutes ago, Lynxyonok said:

USCIS has a fee waiver program based on income, do not assume their price stickers are set in stone. However, their income requirements for certain forms, e.g., a percentage over poverty minimum, are solid.

I believe that is only for the N-400, which obviously does not apply.

[TBoneTX 45,244]

OP, as noted, one can't enter on a tourist visa, marry, and stay to adjust status.

Thanks for eliminating this consideration from your list of options.

And yes, this process sucks worse than almost any other, so we sympathize and empathize with you.

[Boiler 45,441]

It is unclear if the beneficiary has a Tourist Visa so maybe moot.

 

Agree no expedited fee, it is free! and no fee waiver.

[Daisy.Chain 317]

Also, there is no legal invite you can issue for someone to come on a tourist visa. While you can tell the person "Hey, come visit me", it holds no legal water and there is no invitation letter or promising to provide support. The person has to apply and qualify on their own merit (ie prove they have no immigration intent and also have strong ties to their home country).

 

It's unlikely that a tourist visa would be approved for someone doing a K1 (clear immigration intent) and chances are basically non-existent that it would be processed before your K1 finishes.

 

Be patient. Nothing else to do