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GordonFreeman

K-1 Processing Dates...Who To Trust?

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I'm Portuguese, and I met my girlfriend when I was in Cali studying (ex-F1).

We became engaged, we came to Europe meet my parents, and when she went back she filed for our K1 petition for me to go back to be with her and get married.

I love her a lot and we've been separated now for 2 months - waiting for the K1.

Initially we were told it would take about 3 months maximum, but later USCIS said it could take 8 months or more.

The processing times are erratic ( https://egov.uscis.gov/cris/jsps/Processtim...eviceCenter=CSC ) and go back and forth.

As you know, it's a very hard situation for us to be separated without knowing when we'll be together.

Q:

Who should I trust about the processing times?

Is it really going to take that long to review a simple application and do a background check?

Q:

We're going insane and we miss each other! Last resort, she'll be coming here in christmas, but she has work and classes (and I was stripped of that here after spending time there studying).

Could I go there visit her in California as well, while we wait for the K1 petition? She was told I needed a B1 visa, but isn't that for business?

Thanks in advance

Edited by GordonFreeman

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I'm Portuguese, and I met my girlfriend when I was in Cali studying (ex-F1).

We became engaged, we came to Europe meet my parents, and when she went back she filed for our K1 petition for me to go back to be with her and get married.

I love her a lot and we've been separated now for 2 months - waiting for the K1.

Initially we were told it would take about 3 months maximum, but later USCIS said it could take 8 months or more.

The processing times are erratic ( https://egov.uscis.gov/cris/jsps/Processtim...eviceCenter=CSC ) and go back and forth.

As you know, it's a very hard situation for us to be separated without knowing when we'll be together.

Q:

Who should I trust about the processing times?

Is it really going to take that long to review a simple application and do a background check?

Q:

We're going insane and we miss each other! Last resort, she'll be coming here in christmas, but she has work and classes (and I was stripped of that here after spending time there studying).

Could I go there visit her in California as well, while we wait for the K1 petition? She was told I needed a B1 visa, but isn't that for business?

Thanks in advance

every case is different but i think the K! visa takes about 4 or 5 months to get approved .

yeah you can go to visit her and she can come to visit you

Good luck and my best wishes for you . :time:

Edited by Hot Guy

Nothing's impossible . Nothing's unreachable .When I am weary you make me stronger

This love is beautiful .So unforgettable . I feel no winter cold when we are together .

Will you stand by me ?!!!Hold on and never let me go .

Will you stand by me?!! With you i know i belong . When the story gets told .

When day turns into night .I look into your eyes . I see my future now .All the world and its wonder

This love wont fade away.And through the hardest days . I will never question us .You are the reason my only reason.

I'm blessed to find what i need in a world loosing hope. you are my only believe .

You make things right every time after time.....

Will you stand by me ?!!!

I love you so much and i miss you so much more .

anm68b54b0b16262b16.gif

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If you choose to visit her you may need to file for a tourist visa, unless your country is a part of the Visa Waver Program.

I believe that the visa you want is actually the B2 because I think like you said B1 is for business.

Just remember if you want to do this there is a good chance that even with a visa POE won't let you in, unless you have really strong ties to prove you will leave at the end of your nominated (or in some cases, their nominated) stay.


06-18-2006 Met online in WoW

04-25-2007 Admitted that we had feelings for each other started talking on skype everyday!

10-12-2007 Met in US in person for the first time, love at first sight lol, 2 perfect months together.

06-21-2008 Engaged

08-16-2008 Package finally put together and posted to Vermont! Let the real games begin.

08-21-2008 Delieved, least thats what Fedex told us....

08-27-2008 Check Cashed *dances* come on NOA1!!!!!

08-29-2008 NOA1

10-27-2008 RFE

11-10-2008 RFE returned

03-01-2009 Confirmed Case lost by USCIS

04-03-2009 Refiled K1 Visa application complete with expedite due to USCIS error.

05-14-2009 K1 package once again has vanished....

06-08-2009 Hired lawyer to proceed with Appeal process.

06-26-2009 Paperwork Fedex'ed to lawyer

07-02-2009 Lawyer submitted our suit to court

07-17-2009 Court day 2: Success, must respond by 21st August. - No result ever came from this.

10/06/2009 Withdrew K1 petition

10/10/2009 Married

10/24/2009 CR1 packet completed and posted

10/26/2009 Packet arrived at Chicago - And Submitted our Aussie application

11/04/2009 Application of CR1 returned - was rejected because of a "blurry zip code" we didn't bother to re-apply given that Chris had lost his job

04/05/2010 Australian application still pending

September 2010 - Chris arrived in Australia on Temporary Visa.

10/10/2011 - 2 year wedding anniversary - Chris to be granted Australian Permanent Residency

Summer 2012 - Planned immigration to USA.

*We have visited each other 8 times since 2007*

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If you choose to visit her you may need to file for a tourist visa, unless your country is a part of the Visa Waver Program.

I believe that the visa you want is actually the B2 because I think like you said B1 is for business.

Just remember if you want to do this there is a good chance that even with a visa POE won't let you in, unless you have really strong ties to prove you will leave at the end of your nominated (or in some cases, their nominated) stay.

Thank you so much for the replies!

Well, yes, Portugal is part of the Visa Waiver Program. But according to the USCIS, it doesn't matter - right?

I'm waiting for a K1 to pass - so I really don't believe they'll just let me travel to the country with a simple green slip for 90 days! :)

I've been denied entry on the plane for dumber reasons before - like not having a return ticket! So I really don't see them caring about a guy who goes to see his fiancee while he waits for the visa, without proper clearance. I have to try and get the B2 first, I dont want trouble.

Am I making this too complicated? I mean think about it - a tourist can get married in the country without them checking anything. That would take the whole point out of waiting for a K1 with complicated background checks and possibility of denial..

We could have gotten married before I left the US, when I was in F1 status. We chose to wait to meet my parents first. Now we're half world apart for undetermined amount of time and without knowing if it's going to work out. Great way to compensate those who trust the system and do things by the book... :thumbs:

Edited by GordonFreeman

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If you choose to visit her you may need to file for a tourist visa, unless your country is a part of the Visa Waver Program.

I believe that the visa you want is actually the B2 because I think like you said B1 is for business.

Just remember if you want to do this there is a good chance that even with a visa POE won't let you in, unless you have really strong ties to prove you will leave at the end of your nominated (or in some cases, their nominated) stay.

Interesting... So basically they see me as a suspect for illegal immigration attempt... because I'm engaged to an American? Should be the opposite...

I have friends... not "strong ties" with anyone that matters here. I have strong ties with people in the entertainment/music industry in holly... but I'm sure that won't help :)

I read your story in your signature. It's very touching - I feel like I know what you're going (and went) through. Sounds selfish, but I'm kind of happy to know we're not the only ones going through this. Sometimes people need that for a push.

Best wishes, I honestly hope everything goes well for you guys. It's a shameful system we live in.

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I don't know where you got the idea that they wont let you travel into the US on the VWP whist awaiting your K1. People do it all the time. True, you could be scrutinized more at entry IF they even know about the K1.... which, btw, they wont unless you tell them. ;) Still, many people do it.

It may not be 'fair' but it is what it is. To come into the Country with the intent to immigrate is illegal. When you have a partner that lives in the US, it's only common sense to assume there is a risk of that.

You need to have a return ticket, plenty of ties to show you are going back to your home Country. I would bring a copy of your NOA1 and show them only if they happen to know or find out you have a k1 in process. Be honest but you don't need to say 'oh i'm going to visit my fiance'...they may push... if they do you need to tell the truth. Misrepresentation is a much bigger issue than being denied entry.

Most of us here are living apart. We have been seperated for a year after living together for a long time. (He was denied entry because he was coming in and out of the Country way too much and can no longer use the VWP.) It's just the way it goes.

What should we make of the offiical processing times at USCIS? They don't seem to have anything other than a relative relation to the processing times VJers are experiencing?

The uscis processing times shown on their site are to cover their own butts. they claim to be the earliest petitions they are currently dealing with... but, we at VJ know that is really just more BS because we have folks stuck a lot longer than that. If your petition was filed before the dates they post you are allowed to then inquire about your case. Anyway, pay little attention to what their timelines say unless you are past those dates listed.


timeline.jpg

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I completely agree with Kim and Russ. Wherever you got the idea that you can't come on VWP is wrong. Lots of people do it all the time (including us!) Think about it, no return ticket is relatively strong evidence that you might not come home. Coming to visit your fiance with a bunch of ties to home makes a lot more sense. Just be honest but don't tell them your whole life story. Regarding marriage while a tourist, that is perfectly legal. However staying without a visa is going to cause issues.


Timeline

AOS

Mailed AOS, EAD and AP Sept 11 '07

Recieved NOA1's for all Sept 23 or 24 '07

Bio appt. Oct. 24 '07

EAD/AP approved Nov 26 '07

Got the AP Dec. 3 '07

AOS interview Feb 7th (5 days after the 1 year anniversary of our K1 NOA1!

Stuck in FBI name checks...

Got the GC July '08

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I completely agree with Kim and Russ. Wherever you got the idea that you can't come on VWP is wrong. Lots of people do it all the time (including us!) Think about it, no return ticket is relatively strong evidence that you might not come home. Coming to visit your fiance with a bunch of ties to home makes a lot more sense. Just be honest but don't tell them your whole life story. Regarding marriage while a tourist, that is perfectly legal. However staying without a visa is going to cause issues.

Ok. Thanks! :) If I don't get in, I'll go to your house and slap you in the face! lol ;) just kidding (of course)

yes, marriage while being a tourist is legal - don't you think that doesn't make any sense at all? So what is the K1 for, if people can just get married and then petition directly for a family based visa? weird..

I really need to see her and she might not be able to come. If I didn't want that so much, I would do everything to avoid the unbearable stress of yet another trip. Traveling to the US and being treated like a criminal "just in case" made me hate airports and planes for life.

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slap someone in the face for giving you advice? :huh: I dont see the humor. Nobody can tell you for certainty that a person will be allowed in at POE. Every port, every officer and every situation is different. It's a risk you take, sure, but many people can and do travel whilst awaiting the K1.

Marrying is legal anywhere. It's staying in the Country without authorization from the government that is the problem. It's the same way everywhere. The US just takes longer than most because there are more applicants and security issues to contend with.

If you come in with the intention to mary and do so, you still can't stay without a proper visa.


timeline.jpg

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slap someone in the face for giving you advice? :huh: I dont see the humor. Nobody can tell you for certainty that a person will be allowed in at POE. Every port, every officer and every situation is different. It's a risk you take, sure, but many people can and do travel whilst awaiting the K1.

Marrying is legal anywhere. It's staying in the Country without authorization from the government that is the problem. It's the same way everywhere. The US just takes longer than most because there are more applicants and security issues to contend with.

If you come in with the intention to mary and do so, you still can't stay without a proper visa.

Staying in any country without authorization is a problem. Some countries also require special visas or permission to marry but the US doesn't.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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