I-129F / K-1 Security Checks

[indokayak 2]

Hello Everyone,

My fiancé and I are on a security hold and are soon approaching the six month mark. I have called to tier two service multiple times and went to an Infopass interview which have told me nothing except “you are on a security hold and we cannot predict a timeline”.   I am preparing to submit an Ombudsman and congressional inquiry.  Are there any other members who are on a security hold?  Perhaps the FBI is on a backlog or something.  Also, are there any particular congressmen that are particularly helpful with USCIS that anyone has worked with?

I am starting to lose faith and considering just marrying my love abroad and starting over with the I-130.

[Georgia16 2,858]

Even if you marry abroad you still have to go through security check it will just start over again.

[Ben&Zian 4,397]

Have to agree with above.

 

Abandoning your petition at this point wouldn't make sense when a CR-1 visa takes up to 10-12 months, so this time now would be wasted. Plus you still may run into delays with the checks again.

 

Just stay strong and wait it out.

[indokayak 2]

I agree with both of you, and have considered this.  However, if I live abroad (in Moscow) I could do direct consular filing since there is a USCIS office in the embassy in Moscow.  This process is much more streamlined, though it is true the security checks are an unknown.  For some reason it feels like there is a level of incompetence taking place at CSC.  At least my case would be processed by someone else, a new officer.  And it seems that when she is my wife I will have much higher political grounds for getting a congressman involved.  I feel like there is more weight behind her being my wife opposed to my fiance.

[Georgia16 2,858]

2 minutes ago, indokayak said:

I agree with both of you, and have considered this.  However, if I live abroad (in Moscow) I could do direct consular filing since there is a USCIS office in the embassy in Moscow.  This process is much more streamlined, though it is true the security checks are an unknown.  For some reason it feels like there is a level of incompetence taking place at CSC.  At least my case would be processed by someone else, a new officer.  And it seems that when she is my wife I will have much higher political grounds for getting a congressman involved.  I feel like there is more weight behind her being my wife opposed to my fiance.

You have to live with your spouse for at least 6 months in Russia before you guys could do DCF. So it takes time and again you will also have to do security check with DCF. 

[indokayak 2]

1 minute ago, Georgia16 said:

You have to live with your spouse for at least 6 months in Russia before you guys could do DCF. So it takes time and again you will also have to do security check with DCF. 

 6 months! Ouch...   Ok well one difference about the K-1 and CR-1 is that the CR-1 can be appealed to a judge.  The only time for me to marry her in the conceivable future is this summer, so it might be the safer route for us in case they deny the K-1 (if they ever even make a decision on it).

[geowrian 22,335]

You can certainly inquire, but if it's in security checks, then there is nothing anybody else can do. You have to wait it out. Even if you marry and did a CR-1, it would just go through the same process after the interview....wasting money and lots of time.

 

You can try to appeal to a judge with a CR-1, but other than a Writ of Mandamus (WoM) to force a decision, that's about the only recourse you have. And that would almost definitely, if approved, just force them to deny the visa. They will not approve a visa without completing security checks. A WoM only forces a decision..not a decision you want. It's not a situation you want to even get to...people wait years and still don't go there. Your best bet is to wait this K-1 out and keep following up and making sure they don't let it expire.

[indokayak 2]

12 minutes ago, geowrian said:

You can certainly inquire, but if it's in security checks, then there is nothing anybody else can do. You have to wait it out. Even if you marry and did a CR-1, it would just go through the same process after the interview....wasting money and lots of time.

 

You can try to appeal to a judge with a CR-1, but other than a Writ of Mandamus (WoM) to force a decision, that's about the only recourse you have. And that would almost definitely, if approved, just force them to deny the visa. They will not approve a visa without completing security checks. A WoM only forces a decision..not a decision you want. It's not a situation you want to even get to...people wait years and still don't go there. Your best bet is to wait this K-1 out and keep following up and making sure they don't let it expire.

Right, but at least people are waiting years in the States opposed to being separated.  Right now we cannot even be together, we are just waiting for the I-129F NOA2. When people get married they are also often allowed to receive tourist visas. I think I  am willing to wait to a point, but not years for a K-1.  I want to marry her. And if the state denies me my wife, well then that can be on their consciousness and they would have officially turned a US Vet into an expat.  My fiance is a yoga teacher for Christ's sake, what security risk could she possibly pose...

[Georgia16 2,858]

20 minutes ago, indokayak said:

Right, but at least people are waiting years in the States opposed to being separated.  Right now we cannot even be together, we are just waiting for the I-129F NOA2. When people get married they are also often allowed to receive tourist visas. I think I  am willing to wait to a point, but not years for a K-1.  I want to marry her. And if the state denies me my wife, well then that can be on their consciousness and they would have officially turned a US Vet into an expat.  My fiance is a yoga teacher for Christ's sake, what security risk could she possibly pose...

Nope thats not true it actually makes it harder because then she has more keeping her in the states then in Russia.

[geowrian 22,335]

3 minutes ago, indokayak said:

Right, but at least people are waiting years in the States opposed to being separated.  Right now we cannot even be together, we are just waiting for the I-129F NOA2. When people get married they are also often allowed to receive tourist visas. I think I  am willing to wait to a point, but not years for a K-1.  I want to marry her. And if the state denies me my wife, well then that can be on their consciousness and they would have officially turned a US Vet into an expat.  My fiance is a yoga teacher for Christ's sake, what security risk could she possibly pose...

I'm not sure what you mean there...waiting years in the States? They would still be separated even with a CR-1. That said, you're waiting for a NOA2 still? So you haven't even reached the K-1 process yet? Then the security checks are probably on you, not her (and there are more avenues to challenge it as a USC). The security checks on the beneficiary are for the K-1, not the I-129F petition. That said, a CR-1 would have no impact on this.

 

Actually, I think it's harder to get a tourist visa after marriage. A marriage to a USC in the US is a stronger tie to the US than that of somebody you're only dating. COs and CBP don't really care why you're coming to the US to visit (assuming it's not to work or do anything illegal), but why you are compelled to leave. Being married and having financial support within the US is a strong tie to the US, not to return home. While there are many people who are successful in proving ties to return home even while married to a USC, it is a higher bar to overcome the inherent US ties. Having a fiance is also a pretty strong tie, but (IMHO) less than that of a spouse.

 

That's fair...nobody would expect somebody to wait forever to marry. But waiting a little while longer (as you noted) would likely be the best approach.

 

It would be on who's conscious? The US's? The US doesn't have one of those...its people do, but the government does not. USCIS's and the DOS's duties are only to protect its citizens and those people within the US.

[indokayak 2]

12 minutes ago, geowrian said:

You're waiting for a NOA2 still? So you haven't even reached the K-1 process yet? Then the security checks are probably on you, not her (and there are more avenues to challenge it as a USC). The security checks on the beneficiary are for the K-1, not the I-129F petition. That said, a CR-1 would have no impact on this.

 

Point taken that it might be harder to get a tourist visa when she is my spouse.  And of course the US does not have a conscious, that was a digression.  

 

That is interesting that the investigation might be on me.  I do have a security clearance and have been investigated for that purpose, so I would not doubt it.  What do you mean "a CR-1 would have no impact on this"?  Are you saying that they do not do a security check on the US citizen for the CR-1 or that there would not be the same type of delays?  

I appreciate all of the feedback btw.

[geowrian 22,335]

3 minutes ago, indokayak said:

Point taken that it might be harder to get a tourist visa when she is my spouse.  And of course the US does not have a conscious, that was a digression.  

 

That is interesting that the investigation might be on me.  I do have a security clearance and have been investigated for that purpose, so I would not doubt it.  What do you mean "a CR-1 would have no impact on this"?  Are you saying that they do not do a security check on the US citizen for the CR-1 or that there would not be the same type of delays?  

I appreciate all of the feedback btw.

 

It's possible. Or just a random name check, or your name matching that of others and needing to be checked out in detail because of it. What I meant was that even if you did a CR-1, the exact same background checks would be needed.

 

No problem,.

Edited March 1, 2017 by geowrian

[Ebunoluwa 6,136]

In all your described options, stay put with the K1, a CR1 would end the same way.....in checks.

[Michael and Ganna 103]

Does her internal papers use her fathers name with the gender changes?.....

[USC1961 251]

10 hours ago, Ebunoluwa said:

In all your described options, stay put with the K1, a CR1 would end the same way.....in checks.

This +100  In addition Russia isn't the easiest of countries to get an approval, K-1 or CR-1.  Understandably it's very hard just to WAIT it out but it's by far your BEST OPTION.  Hope you hear something sooner than later.  Good luck!!