Claire B

Hello. Looking for advice. I am currently in the US on a K1 visa. I sent all the AOS paperwork 2 weeks ago. I now have a major crisis in my home country and I have to go back as soon as possible. I know if I leave the country I abandon my AOS but once I’ve sorted out my issues at home, would I be able to reapply in the future for a CR1 visa? It wouldn’t affect my re-entry in the future? Also, can this be done from within the US or from my home country. I’m fine with either.  Expedited travel permit won’t come quick enough so that’s not an option for me. 

4 minutes ago, Redro said:

Looking at your timeline and previous posts:

You were still at the USCIS stage waiting for NOA2 (for the K1) in June.

Have you interviewed for your K1 visa and entered the US, married and adjusted status successfully or are you still waiting for your K1 interview?

If it is the former and you are inside the US with the physical green card then apply for your son ASAP. 

If you are still in the UK and only have your NOA2 you will have to wait until you enter the US, marry, and receive the green card after adjustment before you can apply. 

Good luck! I am sorry this road as been so difficult for you.

ETA: If you have your physical GC already CONGRATULATIONS! Seems like adjustment is speeding up. When is positive for all the K1 filers. 

Yes I’m in the US now. Thanks to numerous emails to the White House back and forth I got re-approved and case number/interview all within weeks of each other. Sadly my son aged out but he was granted a 5 year F1 visa and starts college next week so at least gets to experience life in the US if only for 5 years. 

4 hours ago, Mike E said:

More like 15 years.

 

The Biden administration is granting parole and work authorization (think of it as DACA on steroids) to some immigration applicants from some countries. This allows applicants to wait in the U.S. for their turn in the line to get  green card. See https://www.uscis.gov/FRP

 

 I expect this is will be expanded, then paused (but not revoked) when there is a GOP president and resumed and expanded when there is a Democrat president. So by filing now, you will give your son at chance at parole into the U.S. before the 15 years. 
 

This does put extra pressure on you to keep your email address stable, get a stable mailing address, notify uscis of address changes, and stay healthy. If applicable, stop smoking, lose weight, exercise more, wear seat belts, etc.

 

Interesting. Where do you get the wait time information from? The 15 years? Just curious. 

25 minutes ago, manyfudge said:

He could marry an American!

Haha. It did cross my mind! 

1 hour ago, Boiler said:

Your assumptions are wrong

 

I would be thinking nearer 2035, could be sooner

.

F2b is quicker than F1 currently but he can retain the PD if you naturalise 

 

 

 

 

It’s a 12 year wait? Wow! I thought it was around 7 max. Oh well, I’ll file the I-30 regardless. A lot can happen during that time! 

1 hour ago, Mike E said:

You can file I-130 for him. Because he is over age 21, his immigration category is not eligible for I-485.

 

Once you file I-130, he would wise to stay in the U.S. until his schooling is complete.

Ok great. So I file I-130 which is looking like will take 5 years plus to complete. After 3 years I’m eligible for naturalisation which will take me to 4 years. How long after I’ve become a U.S. citizen will it take then? Just trying to do the math and see what works. Ideally he won’t want to wait back in the UK for a year or more. He can extend his 4 year studies by an extra year for OPT training if needed. So at this point I can just file an I-130 and just wait? Thank you for your advice 

Hi,

my son is currently studying for 4 years in the US on a F1 student visa. I have just received my green card. Can I petition for a green card for him? I know the wait times are long. He’s 21 years old. Just wanted to know what the procedure would be. 

I am currently waiting on a THIRD approval. Was sent back to USCIS after approval because a box hadn’t been checked and we got an RFE. Got reapproved and then 3 months later it got sent back again and another RFE because the first one was lost in transit to NVC. I’m an October 1st filer. Sadly my son aged out in 3 weeks for his K2 visa. I hope we all hear something positive soon 

On 4/19/2022 at 2:35 PM, Addison said:

When filling out the I-134 for my fiance, do I need to fill out a seperate I-134 for his child who will be joining him as a k2 or will his child be included in the same one?

Did you ever get the answer to this question as currently going through the process myself 

4 minutes ago, Allaboutwaiting said:

Sending all the good vibes for that file to be where it should in time. 

Thank you so much ❤️

Everyone. Ombudsman, Congressman. USCIS say it’s left and NVC still don’t have it. All USCIS say is give it 90 days and that’s way way over my limit!!! 

Still nothing 😭

14 minutes ago, Allaboutwaiting said:

Keep us updated please. We're all rooting for you. 

Thank you so much. That means a lot to me 

42 minutes ago, AndiB said:

fingers crossed for you!! Been following your struggle and hoping you get good news, as least London is pretty consistently fast so chances are good I hope. 

Thank you so much. I am not worried once it arrives at NVC and the embassy will allow me to expedite. It’s USCIS that I have concerns with. I also have the local congressman calling them today so hope we get somewhere fast! 

3 hours ago, Allaboutwaiting said:

Hi, how is everything going? 

Any good news? What was your RFE about? 

Hi. They asked for an entire page of the I-129f! I know it was sent originally and they would most definitely not approved it in the first place with a page missing. I’ve sent them it back and they received it on the 5th. I’m going to be contacting them today. All I need them to do is send it quick to NVC and we should just make the timeframe. If they sit on it for another 83 days it’s over. Trying to stay positive and thank you for checking up on me 

Yes. As soon as it arrives I’m going to call them and request they expedite to NVC as a matter of urgency. I can only hope! 

I’m trying to think of it positively that at least it’s moving forward. Im going to call them after they receive it and explain the situation. It was actually successfully expedited at NVC back in early Feb due to my K2 so I’m hoping that will still apply. I just need USCIS to move on it quickly and I have run out of faith with them after everything! 

Yes that is correct. I’m just hoping they deal with it quickly as my K2 will age out in 93 days so it’s kind of critical 

So I’ve just had notification of an RFE after 83 days since my NOA2. Once I receive it and deal with it, how long will it take for USCIS to send my case to NVC? It’s already been at NVC and was sent back to USCIS as there was a page missing. Just want any input on response times. 

Thank you for the advice. I’ve already logged to speak with a higher tier officer but they said it can take 30 days. Thank you for the link I’ll check that out now! 

So I received my NOA2 on 10th Jan. successfully expedited at NVC due to K2 ageing out in July. 2 weeks later NVC said USCIS sent my petition with pages missing and it was returned to them. After weeks of trying to get an answer USCIS told me on 3 occasions it was sent back to NVC on 10th March. NVC saying they haven’t received it. Spoke to a USCIS agent on Friday and they said they still had my case and it was “touched” on 29/30/31st March. Wouldn’t give any more info. I’ve filed a complaint with the ombudsman and my local congressman and still no updates. In 12 weeks my son turns 21. Is there anything else I can do? It’s a straightforward case. I can’t seem to get any answers from anyone. NOA1 was 1st Oct 2021. 

Yes I’ve filled in an enquiry form and it says it’s waiting entry into their system but the first email said they were expediting and sending to embassy immediately. I would have thought if they have sent to embassy they would have given me a case number to track. 

Hi. I can’t contact the embassy as they do not accept phone calls. I thought I would have heard something by now and NVC haven’t been helpful 

Hello. When I book my K1 interview, how do I book my K2 so it’s the same date/time as my own? I’ve googled it but can’t find the answer. 
Thank you 

Good evening. I received the attached letter from NVC telling me my expedite was successful (K2 ageing out). They didn’t give me a case number or anything so I can’t check what’s happening. Has anyone else been through this? I just wondered what happens now. Will the embassy contact me or the petitioner via email to schedule interview? I have no means of checking the status with CEAC. Many thanks