It is not fair

[Danu 19]

<-- she . Also I was just looking Gary because I didnt think Canada allows fiance(e)s. Common Law and same sex partners yes, but eitherwise its work/study visa's or spouses/children/family...and for common law you have to have lived together a certain length of time. Its why we didn't try to get Wes up here, cuz we would have had to get married first and it just adds to the length. Not sure about the other countries but I did find it odd and amazing that the US would let me come down as a fiancee to get married, I'm so glad they will.

[daboyz 36]

I checked Igor's list and I saw that many people who submitted the petition after I did have already been approved. Meanwhile I keep waiting and not even an RFE. Nothing, Nada, Nichivo.

When is USCIS going to learn to process applications in the order they were received? This is very unfair!!!

Worse yet is not being able to plan anything because approval may come tomorrow or one year from today. Of the countries I know, this is the one that makes it most difficult for a citizen to be with his/her SO. Meanwhile, illegals come and go as they please.

It makes me wonder about the fairness of following the letter of the, so called, law

Petitions cannot be processed "in the order they are received" if they were we would all be waiting while thousands of RFEs were processed.

People who violate the law should not be compared to people who don't. You can work hard to save money...but it is not fair. Bank robbers just take the money. Silly comparison.

The USA is, in fact, one of very few countries that even allows for anything like a "fiancee visa". It is also faced with lots of people wanting to come here and many visas to process. There are plenty of people waiting to hit the visa lottery that think it is unfair your fiance(e) gets to come in a few months instead of a few years.

You entered into a relationship with a foreign national and there is a process to that, you knew that, yes? Your option is to break it off and marry an American. No waiting.

On the flip side of that, I hear it takes 30 days to process a marriage visa in the E.U.

[rebeccajo 14]

The United Kingdom allows fiance/fiancee and they also allow domestic partners. Quite quickly too. If you make an appointment at a British consulate in the US they make the decision that day.

The constitution of the US government doesn't address immigration other than to say the Federal government has authority over naturalization. All the law that has come after the fact has been based on public mood and national need. There have been times in US history where citizens of certain nations were restricted or banned from entering.

The process is what it is. It sucks. It costs a lot of money. It takes a lot of time. It's a privilege the government grants. They are the man with the gold and they make all the rules.

I've often said that if the process drives you mad this early on, you might want to re-consider the situation you're about to get yourself into. Marriage is not 'easy' - there's lot's of adjusting and compromising. Blend cultures and you have an extra layer. Language differences; homesickness; feeling lost in a new world - you get the idea.

You need to be really patient if you intend to marry a foreign born person. It can be the most wonderful thing ever, but it's - well it's not always easy.

Edited June 10, 2009 by rebeccajo

[Gary and Alla 3,694]

<-- she . Also I was just looking Gary because I didnt think Canada allows fiance(e)s. Common Law and same sex partners yes, but eitherwise its work/study visa's or spouses/children/family...and for common law you have to have lived together a certain length of time. Its why we didn't try to get Wes up here, cuz we would have had to get married first and it just adds to the length. Not sure about the other countries but I did find it odd and amazing that the US would let me come down as a fiancee to get married, I'm so glad they will.

So my list of four countries is cut by one.

Well my information is a bit dated on Canada and from reading the rules from 2006 it did not appear to be a quick process but I remember they did allow for domestic partners (common law). I do know that Canadians were actively marketed to by marriage agencies in Ukraine at that time (2004-2006) as my landlord there also had a marriage agency. This is where I learned about the various country's policies. Many citizens from other countries would actually have to get married in Ukraine and apply for spouse visas. But it is true that fiancee visas are a very rare commodity. I would invite the OP to list the countries to HER knowledge that have fiancee visas. My list is down to 3. (Belgium was wavering on it, it may be down to 2)

Daboyz, does that time for spouse visas in EU apply to other countries or just between EU members? Just curious.

[jon&kaori 0]

we are thinking of hiring a lawyer. she was very helpful, but in the end visa journey answered more of our questions than the lawyer.

sorry about that, too many tabs open and replied on wrong post

Edited June 10, 2009 by jon&kaori

[SCFsnoopy 0]

<-- she . Also I was just looking Gary because I didnt think Canada allows fiance(e)s. Common Law and same sex partners yes, but eitherwise its work/study visa's or spouses/children/family...and for common law you have to have lived together a certain length of time. Its why we didn't try to get Wes up here, cuz we would have had to get married first and it just adds to the length. Not sure about the other countries but I did find it odd and amazing that the US would let me come down as a fiancee to get married, I'm so glad they will.

So my list of four countries is cut by one.

Well my information is a bit dated on Canada and from reading the rules from 2006 it did not appear to be a quick process but I remember they did allow for domestic partners (common law). I do know that Canadians were actively marketed to by marriage agencies in Ukraine at that time (2004-2006) as my landlord there also had a marriage agency. This is where I learned about the various country's policies. Many citizens from other countries would actually have to get married in Ukraine and apply for spouse visas. But it is true that fiancee visas are a very rare commodity. I would invite the OP to list the countries to HER knowledge that have fiancee visas. My list is down to 3. (Belgium was wavering on it, it may be down to 2)

Daboyz, does that time for spouse visas in EU apply to other countries or just between EU members? Just curious.

I'm pretty sure you're right about Australia having a fiance visa (I believe ours is valid a little longer than the K-1 and you are actually allowed to leave Australia to honeymoon, within the conditions, of course). We were considering having Jesse move over here but we weren't engaged at the time and were looking more actively at a working visa... I only briefly checked out the Aussie fiance visa because I was daydreaming

I do wholeheartedly support the opinion that when you fall in love with a foreigner, that in itself presents hurdles and you MUST be prepared either to jump them or walk away from that relationship. Yes, the time apart sucks, but I'm getting through every day with the gratitude that I have this special person in my life who loves me and who wants to share his future with me... and isn't that a reward in itself?

[Gemmie 142]

The United Kingdom allows fiance/fiancee and they also allow domestic partners. Quite quickly too. If you make an appointment at a British consulate in the US they make the decision that day.

Yeah, I was going to mention this. I know of people that recieved UK Fiance/e visas within a few days or a week after applying. There is none of this waiting for 6 months for petition approval.

The domestic partners (gay or straight) visa is perhaps what sets us apart from the rest. Someone correct me if I'm wrong. I think we're the only country that allows gay foreign partners to live together. Of course there are residency limits, I think you have to have lived together for 2 years before you're eligible for that visa, which is great if you've been working abroad and have found someone you want to bring back to the UK, but not so great if there is no possible way to live together for that amount of time to begin with.

Honestly though, it's not wise to complain about the wait when you're possibly only a few months in. Everyone knows that it takes roughly 4-6 months for an approval, and then probably another few months for the visa. It sucks, but that's how it is. Everyone here has chosen to go down the US route for various reasons and that means you have to deal with the US immigration system, even when it's unfair.

[Joan >3 Bob 20]

The process is "the process" we can not change it. I went through the same thing and just waited and your "day" will arrive. Try and be patient and realize you are in the same boat with many many others.

[Krikit 1,163]

The domestic partners (gay or straight) visa is perhaps what sets us apart from the rest. Someone correct me if I'm wrong. I think we're the only country that allows gay foreign partners to live together.

Canada allows domestic partners also. See Danu's post.

[Gary and Alla 3,694]

The United Kingdom allows fiance/fiancee and they also allow domestic partners. Quite quickly too. If you make an appointment at a British consulate in the US they make the decision that day.

Yeah, I was going to mention this. I know of people that recieved UK Fiance/e visas within a few days or a week after applying. There is none of this waiting for 6 months for petition approval.

The domestic partners (gay or straight) visa is perhaps what sets us apart from the rest. Someone correct me if I'm wrong. I think we're the only country that allows gay foreign partners to live together. Of course there are residency limits, I think you have to have lived together for 2 years before you're eligible for that visa, which is great if you've been working abroad and have found someone you want to bring back to the UK, but not so great if there is no possible way to live together for that amount of time to begin with.

Honestly though, it's not wise to complain about the wait when you're possibly only a few months in. Everyone knows that it takes roughly 4-6 months for an approval, and then probably another few months for the visa. It sucks, but that's how it is. Everyone here has chosen to go down the US route for various reasons and that means you have to deal with the US immigration system, even when it's unfair.

Sounds like a good option for the OPs fiance(e). Is the process the same for someone from Venuzuela as it is for someone from the USA? Commonwealth countries? EU?

[clueless_in_usa 8]

Ok, seriously what is with the hostility??? Wow, you have to wait a few extra months. Not as bad as a lot of people in this situation. The USCIS sucks but it's life and you chose this path so deal. Until last year, there were lots of people stuck in FBI name checks for their green card waiting for years. In many countries people are stuck in AP for months to years.

Try looking on the bright side. You found someone you love and wants to marry you. Lots of people the world over don't ever find that. Ya, you guys have more hoops to jump through but at the end a few months WON'T matter (trust me, I've been where you have been). When your fiance gets here and you are married you will be a part of a whole other culture. Your kids will have dual citizenship and a hole new world perspective. You have all these plusses, no need to focus on all the negatives.

I agree with you. I have no problem whatsoever following a process or waiting my turn in line, but I have no patience when the process is broken or does not treat everybody equally (like when people cut in line at the ballpark).

For example, if my name is stuck at the FBI (which I doubt) I want to know about it and I would not mind that others get approved faster. But keeping everybody in limbo land just for the fun of it, is messed up.

In a country in Europe (which I will not mention, but belongs to the original 15 of the Union) when you are doing immigration stuff they tell you (your SO) come back in two weeks and when you go back everything is ready. There is no this "lottery" game as in the USA. In fact, in that country you can bring your SO, live with him/her as long as you want without marrying, and s/he will never be deported as long as s/he lives with you. A common partner is as important as a legal partner.

Many times, applying for immigration benefits in the USA is like playing the lottery, and this is very frustrating, because there are real people involved. The lottery analogy comes to mind because very often we go to this or that website or call a call center to verify if "our number" is on the list of "winners."

[clueless_in_usa 8]

Sounds like a good option for the OPs fiance(e). Is the process the same for someone from Venuzuela as it is for someone from the USA? Commonwealth countries? EU?

I can answer this question easily: In the EU country I personally have experience the process does not differentiate people by nationalities. Immigration benefits are the same and take the same time (as long as you do it in the same state) for everybody. If you go to the capital, it will take longer, because there are more people. But if live in a smaller state, it will be faster. Every legal registry is able to apply the same law and has the same timeline for everybody, regardless of race, national origin, sex, or religious beliefs.

One thing I do not know, because it does not concern to me, is what they do with people with criminal pasts. However, that is not my point either. My point is that the process in the USA is broken. Even if there are 30 people adjudicating cases in the USA, every case should be picked from the same pile and processed in the order received. I don't care if it takes 4, 6, 8, 12 months, but I care if it takes 3 months for the "lucky" ones (the ones who hit the lottery) and it takes a year for the unlucky.

That is my complaint! It is completely unfair!

But it was nice to read that my complaint prompted others to give "informed" comparisons with other countries.

[Matt & Bing 56]

Ok, seriously what is with the hostility??? Wow, you have to wait a few extra months. Not as bad as a lot of people in this situation. The USCIS sucks but it's life and you chose this path so deal. Until last year, there were lots of people stuck in FBI name checks for their green card waiting for years. In many countries people are stuck in AP for months to years.

Try looking on the bright side. You found someone you love and wants to marry you. Lots of people the world over don't ever find that. Ya, you guys have more hoops to jump through but at the end a few months WON'T matter (trust me, I've been where you have been). When your fiance gets here and you are married you will be a part of a whole other culture. Your kids will have dual citizenship and a hole new world perspective. You have all these plusses, no need to focus on all the negatives.

I agree with you. I have no problem whatsoever following a process or waiting my turn in line, but I have no patience when the process is broken or does not treat everybody equally (like when people cut in line at the ballpark).

For example, if my name is stuck at the FBI (which I doubt) I want to know about it and I would not mind that others get approved faster. But keeping everybody in limbo land just for the fun of it, is messed up.

In a country in Europe (which I will not mention, but belongs to the original 15 of the Union) when you are doing immigration stuff they tell you (your SO) come back in two weeks and when you go back everything is ready. There is no this "lottery" game as in the USA. In fact, in that country you can bring your SO, live with him/her as long as you want without marrying, and s/he will never be deported as long as s/he lives with you. A common partner is as important as a legal partner.

Many times, applying for immigration benefits in the USA is like playing the lottery, and this is very frustrating, because there are real people involved. The lottery analogy comes to mind because very often we go to this or that website or call a call center to verify if "our number" is on the list of "winners."

So when did you file? What did you file for?

[kcrand 0]

Give Clueless a break.

Yes, please fill in your timeline, but some of the people that are being so critical waited 2-3 months for their noa2. Until you are getting close to the threshold or passed it, I don't believe you can really understand the frustration.

About USCIS, well, if they would update their website, and maybe even add some additional things so that you knew your petition was not supporting the coke machine in the break room, I think a lot more people would be tollerant of the wait.

If you get an RFE, your processing stops (fair), when they get the response, it should start again after finishing the case they are currently working on, not two months later cases.....

[missmissy 38]

I read this topic and I got mad. I want to know if I missed something. Is the OP the one trying to immigrate here or bringing someone else here? What did EU countries have to do with the topic? Why haven't you filled in your timeline, after being asked by just about everyone that answered your original post? And, finally - how old are you? Maybe it's because I'm old, who knows, but I have learned that waiting is just part of life. It's hard, but in the end, it's usually worth it. Anything worth having, is worth working hard and waiting for. I get the feeling that you are much younger than I am and just at that stage in life when waiting for anything is just about impossible.

I don't believe that race, sex or religion have anything to do with the processing of visa's, not in the United States anyway. I also don't believe that they process certain countries faster than others - there are just some countries with high fraud rates, or other issues that just take a longer processing time.

And finally, life isn't fair, it never will be, get over it. I am not trying to be mean, but complaining about the country you are trying to move to seems.....wrong?