Daphne .

I was able to get a new Esta while my case was still pending, had no issues.

Yes, the stamp acts as your green card until you receive the physical one.

Right?? I mean, come on… The thing that is kind of weird is that I have to send my RFE packet to the Fresno, CA field office. That doesn’t make sense to me, I am in MN. What are your thoughts on that?

It is completely random I think. They are now processing and approving I-751’s that were filed 3 months ago as well, it’s a disgrace!

No email notification or update on my online account, just a letter. The same thing happened when I received my biometrics letter in November 2022. After doing the biometrics, they did add that to my account (“fingerprints taken”).

Received an RFE today… Not because I didn’t send enough evidence when I filed my I-751, but because “your case has been pending since August 2021 and we need to see evidence of a continued marital union”. Really, USCIS??? Tell me; why has my case been pending for almost 2 years? I am beyond frustrated.. Just assembled ANOTHER packet, ready to be sent out. USCIS, you suck!!! 🤬

Just ignore that message all together, it is a very unreliable feature. Nothing you can do but wait, USCIS will let you know if they need anything.

I agree with all the other comments. Not a fan of the K1 and would always advise couples to do the CR1, but you guys made it this far already! If not being able to work and leave the US for a while is an absolute deal breaker for the foreign national (something that I can absolutely understand), then you can start over with a CR1 of course, but as mentioned before: that means starting over, not switching..

How long had she known the US Citizen before marrying them within a month of entering the US on her tourist visa? Some people use the situation you described as a strategy to get a green card. They marry (any) US Citizen, and file for divorce (and VAWA because that would be the only way to have a chance for a green card), add a USC baby to the mix because they think that this strengthens their case. The ultimate goal was never to be with their spouse, but to have a way to move to the US. Not saying that your friend did this, just saying that USCIS sees plenty of these cases. Not too long ago I saw a post about VAWA denials, and browsing through those, the (lack of evidence of) legitimacy of the marriage and totality of circumstances were cause for a denial. VAWA is by no means a guarantee for a green card. How long has you friend been in the US? It doesn't look like it has been very long yet, since everything is still pending. Wouldn't she have more to fall back on if she goes back home?

If you need to scramble so much to meet the requirements etc. wouldn’t it make more sense to abandon the idea of doing AOS and go the consular processing route instead? This way, the both of you can work and get a little more financial stability. I understand that the idea of having to be apart for longer is not ideal, but having a spouse that won’t be able to work or travel freely is going to be tough enough as it is (for your spouse that is)

6 month family vacations are not very common, so I wouldn’t have them do that too often. How can they be away from their jobs for that long?

Wait, what?! I am the foreign national and working my ### off to help US Citizens and LPR's find a job, I work at a Staffing Firm. So I would be the exception to your assumption, because my job literally impacts the US economy! Are you suggesting that most foreign spouses don't join the workforce? Even if they leave their spouse, the foreign national will still contribute to the US economy by working and spending their hard earned cash.

This is not a DIY case by any means... Also, I wonder how one would be able to prove a bona fide marriage if you're never going to be able to live together? Not saying that you have bad intentions, but (other) people who are desperate for a green card might look into finding a USC who is in prison for life. Benefit of (potentially) getting a green card without actually having to live with your spouse. that almost opens the door to some fraudulent cases. You really need a lawyer to help with your case..

Take that ‘estimated processing time’ feature on your online account with a grain of salt, because it is not very reliable. Many people have been getting their hopes up, only to get dissapointed by the ‘case is taking longer’ notice.

If you get married to her in Mexico, you’ll file for the CR1 (spousal visa) after that. It will not be quick though. You might want to take a breath, take a step back and research the process to fully understand what it all entails. Don’t let yourself get pressured into marriage and sponsoring an immigrant. Both come with serious responsibilities.

No faster ways, employment based sponsorship (even if she would qualify for one, but that is a different conversation) are not quicker or easier. If she wants to move to the US to have a better life, she needs an immigrant visa. Getting one through you (fiancée or spousal) is the most realistic. Make sure that you know what that entails (in terms of having to get/be married to her and the financial responsibility that comes with sponsoring). No shortcuts!

Your wife and child are not in the US now, correct? if no, PLEASE don’t go the route that you just decribed here..

Absolutely! I am not suggesting that they should lie. OP should just continue with the process, they’ve made it this far already

What do you think will happen if she tells CBP that she plans to adjust from her tourist visa? She’ll be denied entry.. So she’ll get sent back after a very long flight. Why would you even give this advice?

If she tells CBP that she plans to adjust status from her tourist visa, CBP will deny her entry. Just imagine what that must be like for them after a long flight, you really don’t want this to happen.. Please just move forward with the initial plan.

Yes, best to get them to an Airbnb then. Hopefully her case will move through the NVC quickly and that she’ll have her interview soon as well, should be a few more months.

Your friend is giving you incorrect information. Your aunt doesn’t qualify for the fiancée visa anymore because she is married now. Maybe your friend was hinting that your aunt should try to get a tourist visa and use that to enter the US and adjust status, which is terrible advice and visa fraud.. Your aunt will have a tough time getting a tourist visa approved. Please tell your friend to stop giving people immigration advice because they are providing incorrect information! It’s a good thing you checked here.

Your explanation makes no sense.. How is working on the constant flow of new I-751’s accelerating the old ones? If anything, it’s PREVENTING them from working on the old ones. With kind regards, an August 2021 filer 👍🏻

They can take as long as they want, as long as they keep sending me extension letters if needed! 😅 I am not interested in naturalizing.

Oh wow.. You filed a WOM after 3 months? For the I-751? If you don’t mind me asking, why did you do that?