Give me some of that Dutch luck! 😅
My case is at the NBC (no idea why, and not happy about it!), so my case will probably stay stuck for another 2 years..
Please take this estimated processing time feature with a grain of salt. It will most likely count all the way down and then change to “taking longer to process”. It is not a very reliable feature yet.
A K1 and tourist visa are 2 very different visas, so I am confused why you ask if you should visit instead of a K1? A K1 is for people who want to ultimately move to the US and a tourist visa is for visiting only.
Is your ultimate goal to immigrate? Then you need to look into the K1 or CR1. A tourist visa is not for immigrating
How long does he thinks it takes? I would assume that the timelines don’t come as a surprise to him, especially since he is your spouse and (I would think) closely involved in your immigration journey.
The fact that he doesn’t believe you and even the USCIS official website timelines scares me a little..
When I came to the US, I pretty much had to start my career from scratch again. Not ideal, but I found that the harsh reality is that a career in a different country doesn't seem to count and you'll have to prove yourself all over again in the US.
I think your situation hasn't really changed, you have been traveling in Asia for the last few months which means that you still don't have strong ties to the NL (usually people with stable jobs etc. can't be away from those responsibilities for that long). You are of course free to apply again, but I think it will not have a different result.
You are trying to find ways around the legal way of doing things, and that’s not how to do it.
As you already mentioned, the F1 is a non-immigrant visa and you have immigrant intent. You would either get it approved based on misrepresentation, which is not good, or they will see through your plans and deny the F1.
Please just do this the right way and have you husband file for the CR1 and do consular processing (staying in India while this is all processing)
Why do you think you don’t have enough proof for the K1 yet? You met last year, I assume you also have pictures of you 2 together and the boarding passes/passport stamps?
She will very likely not get a tourist visa, many before her have misused a tourist visa to just enter the US and adjust status (even if they had a child/children back home).
Thanks! That is great info! I wonder if I can already request it because my extension letter expires at the end of August (but I have international travel planned for October). Maybe it is a little too soon for me to ask for it, USCIS rep told me to call back 60 days before my extension expires
Did you call to make an appointment for an Adit stamp and is that what they are referring to as “your request?” Trying to figure out how I can put a request in for that too.
At this point, I wouldn't abandon the K1 since you are so far along already. If you were to get married now and file for the CR1, you'd be starting from scratch again. I am a big fan of the CR1 and would always advise people to go that route, but in your case I would sit out the K1 at this point
2 of the 3 reasons you mentioned were choices and USCIS will most likely not see why they would have to grant an expedite for that.
Many, many people are asking for expedites, and as a result of that, USCIS is very strict when it comes to approving expedites.
People try, really hard!
I begged, pleaded, explained that I had international travel planned and asked them to please just send the letter, but they really don’t care.. They have the upper hand and they know it, it is so cruel..
Oh haha! Sorry, I will not tell anybody else about Reddit
You did the right thing by coming here and asking questions. Many people think they have to wait 90 days before filing to avoid the 'immigrant intent assumption', but there is no such thing.
I also saw your post on Reddit (the 1-12 months part looks very similar), and if you are ready to file. do it asap. There is no benefit in waiting. Keep the time between her legal stay ending and filing for the adjustment of status as short as possible. Being married to a US citizen in itself doesn't grant her any authorized stay.
Also take into account what your partner's life in Germany looks like at the moment. Are they working and used to being independent? If yes, they might go crazy if they can't work or travel freely for many months if you do the K1. I would say CR1 100%
Yes you can marry and file for the adjustment of status but please think long and hard about this..
What will not being able to work or going ‘back home’ (weddings, funerals, homesickness) do for her mental state? You mention money being tight as well, I see so many factors that will put so much pressure on this relationship, please don’t make any rushed decisions.
My passport is in my maiden name and my green card is in my married name and I always carry a copy of my marriage certificate with me when I’m traveling as proof of my name change.
They can just state how they are related to you or your spouse (brother, sister, parent, friend) and write a short statement about how they know you as a couple. I wouldn’t overthink this too much and would also send in stronger evidence.
What did you include when you filed for the I-751 initially?