K1 visa pending on security check for over 3 years.

[Alienbiteme 54]

10 hours ago, fip & jim said:

I understand. I've been through quite a lot myself in life, so I get it. 

Can you make a phone call to USCIS? The reason I keep saying about a named contact is because I know how bureaucracy works. It sounds like what's happening at the moment is that you are filling out an online enquiry form, then whoever looks at it reads all through your notes then tells you what you already know. You're stuck in a loop. You need to speak and interact with someone at USCIS. If you have someone's name you can try to hold them accountable and you have details of the employee if you make a complaint. Ask for the information you need and say something like "Can I take your name please? Can I check with your supervisor if the information you've given me is correct? Can you confirm this by sending me a follow-up email, please?" After all, you pay your fee when you file your petition and they should have a code of conduct with clients. Waiting 3 years is unacceptable. You need the information of what the issue is with the security check, you cannot move beyond that until you know what the obstacle is. For example, is it missing information, or because you are absent from the US for the majority of the time? If they can't tell you specifically then they should at least give you some kind of plausible explanation for what the hell is going on with your case. If an employee at USCIS doesn't know the answer to what you are asking then you have a right to ask to speak to someone who does and expect an answer. 

Yes, you deserve to be married and it's awful that many obstacles have been put in your way. Wishing you all the best. I hope you have a favorable outcome.

What you said made me cry. Thank you so much for supporting us.

[Atyree9 29]

17 hours ago, AL-MJD said:

same sex couple wouldn't matter at all for either petitions. is your US address in a state that doesn't recognise same sex marriage, by any chance? i'm a beneficiary so i don't know my US politics.

I read recently that they don’t recognize same sex marriages and because of that, people can’t bring a spouse in.

[Cyberfx1024 7,978]

17 hours ago, AL-MJD said:

same sex couple wouldn't matter at all for either petitions. is your US address in a state that doesn't recognise same sex marriage, by any chance? i'm a beneficiary so i don't know my US politics.

You need to get your facts straight because same sex marriage has been legal since 2015 nation wide.

15 minutes ago, Atyeee9 said:

I read recently that they don’t recognize same sex marriages and because of that, people can’t bring a spouse in.

Who china?

[mcdull 474]

5 hours ago, geowrian said:

Travel to Hong Kong? Or a nice scenic marriage and honeymoon?

we are more homophobic than Mainland China and same sex marriage is not legal , yet.

[Hypnos 6,576]

Since your I-129F is still pending after three years then there is a clear issue somewhere, likely related to either a Chinese beneficiary, your living in China extensively, or both.

 

Whatever the reason, three years is testing the limits of your patience, and legality. USCIS owe you a duty that they have not performed (adjudication of your I-129F), and so filing a writ of mandamus in federal court may be an option. It's somewhat of a nuclear option, and it's something that many people aren't comfortable with (since they fear repercussions - which would be illegal), but I believe it's necessary and appropriate for certain extreme cases.

 

I'm not sure I agree with those saying marrying and file DCF/CR-1. Without knowing the precise reason for the hold-up, there is no way to know whether that would help in any way. It may even hurt, by putting you at the back of the line when right now you should be firmly at the front.

 

My suggestions:

 

(i) consult with several experienced immigration lawyers. Not ones you find in Google ads, I'm talking lawyers with a triple-A solid reputation (Carl Shusterman, Lizz Canon, Brent Renison, Laurel Scott, etc.).

 

(ii) ask the CIS Ombudsman for assistance.

 

(iii) file a Freedom of Information Act request with USCIS asking for everything under your name. This might shed some light on what exactly is going on. I recently obtained my own complete alien file through a FOIA request, and it was quite illuminating in some key areas.

 

(iv) consider filing a lawsuit against USCIS. You should obviously consult with experienced legal counsel first, even if you ultimately decide to file it pro se (yourself - without the assistance of a lawyer).

Edited June 7, 2018 by Hypnos

[NateAndJessica 200]

18 hours ago, Alienbiteme said:

No, I was a police officer for over 20 years . But I'm retired.

bingo. they think you might be a spy.

[geowrian 22,335]

45 minutes ago, mcdull said:

we are more homophobic than Mainland China and same sex marriage is not legal , yet.

Dang. Thanks...I (incorrectly) read this from a similar thread about SSM in China and this was a suggestion.

A different country that does recognize SSM would still work, though.

[jkstark 97]

17 minutes ago, NateAndJessica said:

bingo. they think you might be a spy.

I'm not sure if spy is what I would think of immediately, but if the OP was an officer in the US for 20 years, then that name will be in a *lot* of paperwork, and will cause a lot of hits on a FBI name check.  Going back 20+ years will mean that they will have to pull actual paper copies of items where the name shows up...  I can't even begin to think of the number of times that the OPs name will come up in a search; I have a suspicion that it is a significant cause for delays, though at 3 years, the delay is excessive.  I would tend to agree that a WoM is in order at this stage...

[NikLR 13,220]

7 hours ago, JonasSobieski said:

China doesn't recognize same sex marriages or civil unions.

Doesn't matter. Travel to some other country.  The US embassy and US consulates recognize same sex marriages. 

[Amnazaid 46]

20 hours ago, AL-MJD said:

perhaps that's why youre on security check? if you have been living in US for 1 month a year, they don't have much records on you. i'm no expert in this.

 

a suggestion would be that you cancel your petition, get married to your fiancé at her home country and file for spousal visa. that would be a lengthier process, but a cheaper one overall.

Heyy..!!!

i saw your timline.. congratulations you have pass your interview.. i have a some questions.. your finace have one daughter? So did co asked about your divorce paper?

[AL-MJD 144]

3 hours ago, Cyberfx1024 said:

You need to get your facts straight because same sex marriage has been legal since 2015 nation wide.

Bro did you read that i said i don't know my politics or are you partially blind? I get that, I am just at that age where I don't remember how long ago news happened. 

[NateAndJessica 200]

1 hour ago, jkstark said:

I'm not sure if spy is what I would think of immediately, but if the OP was an officer in the US for 20 years, then that name will be in a *lot* of paperwork, and will cause a lot of hits on a FBI name check.  Going back 20+ years will mean that they will have to pull actual paper copies of items where the name shows up...  I can't even begin to think of the number of times that the OPs name will come up in a search; I have a suspicion that it is a significant cause for delays, though at 3 years, the delay is excessive.  I would tend to agree that a WoM is in order at this stage...

opps your right. I was thinking chinese officer for 20 years lol

[Cyberfx1024 7,978]

5 minutes ago, AL-MJD said:

Bro did you read that i said i don't know my politics or are you partially blind? I get that, I am just at that age where I don't remember how long ago news happened. 

Well then if you don't know then don't comment. 

[mcdull 474]

25 minutes ago, AL-MJD said:

Bro did you read that i said i don't know my politics or are you partially blind? I get that, I am just at that age where I don't remember how long ago news happened. 

Same sex marriage isn’t politics, it’s a human right. 

 

And please don’t make the “at that age” argument, not every “aged” people is ignorant. 

[Cyberfx1024 7,978]

8 hours ago, mcdull said:

How could anybody living in this country not knowing that same sex marriage is legal in EVERY state? That’s like somebody saying in 2018 that she/he doesn’t know interracial marriage is legal. 

 

Ugh, the amount of ignorance you have to deal everyday. 

I couldn't remember the year in all honesty until I thought back and was like "Oh yeah Kayt got married that year after it became legal" and that is how I remembered the year. Katy is my sister and she got married to her wife and I was the best people.

 

Edit. He looks like he is around 22/23 and I was thinking to myself that at 22 I had already been to deployed with the Marines twice.

Edited June 7, 2018 by Cyberfx1024