k-1 taking for ever!

[klr650 0]

i filed thru an attorney firm for my fiance in asia a K-1 visa (1129F) on May 14, '09. my lawyer contacted USCIS on nov 25 asking whats up. i just returned from her country and got a letter on dec.9 stating processing delayed, not ready for a decision, investigation of my background remains open.

we supplied them with all correct info. we have known each other for years and met many times in her country. she has never been married and is alot younger than i am. i have been married 3 times previously, 2 of them to women from her city, and with her last name. (all people in her caste have same last name tho they are all related.) I just spent 3 months with her there waiting until lawyer told me i mite as well return to USA to wait as it could take awhile. I have been there 3 times in the last 14 months to see her and we have TONS of evidence to prove our relationship is "bonafide" such as daily emails and webcam/phone print outs, pictures, receipts, western union receipts, boarding passes, my visa stamps, etc.. USCIS letter says if I havent heard anything i can call the 800 # but i know that doesnt do nothing. we are going nuts waiting! I realize my previous marriges probably raised flags. my 2 foreign X's still live in USA though not here in my city.

1) any ideas on how long this "background check" will take. isn't it just a few cliks away? our lawyer said all our filing info was in order.

2) what is our application is not approved. how long will an appeal take?

i plan to be there with her for our embassy interview whenever they say go. as i said we've got tons of evidence.

3) if we get denied there then how long does that appeal take? we can appeal the decision rite?

if they dont let her marry me and live here screw this, i'll just sell out and we'll move to some tropical island and live in a thatch hut or something.

[Bobby+Umit 161]

Your previous marriages, were they via a K-1?

1. Have you received a NOA for the K-1 petition? Where, exactly, are you in the process? (is USCIS doing the AP or NVC?)

2. Unknown - but if you do not correct the issue for the denial, then an appeal can take quite some time.

3. They will give you small window of time to appeal the decision.

(your lawyer should be able to answer 2/3 for you)

Your past martial history may be raising flags on your case - two previous marriages to foreign women, they probably finished immigration (?), and now your working on marrying a third one. (from the same city even...)

(Not making a judgement - just suggesting what they may be looking at)

[Anh map 2,098]

It sounds like the investigation of you and your fiancee is just taking smoe time as they verify that everything is on the up and up.

As brother Bobby said, given that you've married other women from the same town it must have raised some questions. Let the process run its course.

[klr650 0]

OK; Yes, both were on a K-1, in 1990 (she's now a US citz) and 2001 (shes still a perm res alien i guess)

1) NOA= notice of approval? no, thats what they say the background check is for, and my background not hers. Whats an AP or NVC?

2)so if we get denied it has to be for a specific reason? not just that the 3rd time looks odd? theres no law against that, rite? its not my fault the other 2 didnt last forever.

3) heck, we'd appeal the next day

4) another Q; once NOA is given and we go to embassy interview isn't our sole purpose to prove our relationship is "bonafide" rite? so if we have enuf info it shouldn't be a problem. or can they just deny the visa cuz its looks odd she'd my 3rd one, or cuz of age differences, or ??any reason they want?

regarding my background. i dont see why itd take more than a few minutes. i have no criminal convictions, not even a DWI, no domestic abuse calls to the cops, only a B misdemeanor charge from like 15 years ago that was thrown out of court due to lack of evidence. (i didnt do it anyway) What, are they gonna call my ###### x-wives and ask if I was a good boy or something? Hell, I'd just move to her country and live like a king if their govt wasn't so screwed up.

[sachinky 465]

Technically they COULD deny it for any reason they feel like and give you a perfectly valid reason such as "lack of bonafide relationship" for it.

To me it's quite clear it's your previous run through with the K-1s that's causing the hold-up. Especially with all of them from the same city and same last name. HUGE red flag, to be honest.

I know there is some waiver for the second filing and after--maybe someone else can chime in here about that.

[Bobby+Umit 161]

OK; Yes, both were on a K-1, in 1990 (she's now a US citz) and 2001 (shes still a perm res alien i guess)

Did you file a waiver with your new K-1? Since you have two previous approved K-1's and this is your third one.

1) NOA= notice of approval? no, thats what they say the background check is for, and my background not hers. Whats an AP or NVC?

So you didn't get receipt of your petition? (normally you get NOA 1 for receipt, NOA 2 when they approve it - so you should at least have NOA 1)

2)so if we get denied it has to be for a specific reason? not just that the 3rd time looks odd? theres no law against that, rite? its not my fault the other 2 didnt last forever.

No law against divorce/marriages, however, it may not past the "smell" test when it comes to immigration.

3) heck, we'd appeal the next day

Usually - that is what you do.

4) another Q; once NOA is given and we go to embassy interview isn't our sole purpose to prove our relationship is "bonafide" rite? so if we have enuf info it shouldn't be a problem. or can they just deny the visa cuz its looks odd she'd my 3rd one, or cuz of age differences, or ??any reason they want?

Correct - once you get the NOA 2 for the K-1, the petition is sent to NVC - which usually sends it to the embassy. Once they have it, your benificicary will have to prove that the relationship is bona fide, and not just for immigration purposes. I have seen applications for visa turned down due to age differences, really depends on the culture/country your at. Being that this is your third K-1, from the same city (2), your case will probably be tougher than someone having only one K-1. Not saying it's not going to be tough, you have to be realistic here.

regarding my background. i dont see why itd take more than a few minutes. i have no criminal convictions, not even a DWI, no domestic abuse calls to the cops, only a B misdemeanor charge from like 15 years ago that was thrown out of court due to lack of evidence. (i didnt do it anyway) What, are they gonna call my ###### x-wives and ask if I was a good boy or something? Hell, I'd just move to her country and live like a king if their govt wasn't so screwed up.

No, they run a FBI namecheck, and if your info is "generic", it may take longer. They may also be researching your divorces (to make sure they were done), things like that. From what you posted, it appears you needed to file a waiver for the number of K-1's you filed, so if you didn't, that could explain the delay

[SunDrop 59]

Sounds highly likely that your 2 previous marriages on a K1 visa, that have resulted in your ex-spouses obtaining either citizenship or permanent residency are what they are looking into.

They will want to know that neither of them applied to lift conditions themselves, citing domestic violence, for example.

Basically, you have a history of bringing women to the US to get married and those marriages not succeeding. Bad luck, no doubt, but what's to say you aren't going to have the same thing happen with this 3rd wife? And no need to convince us, it's the USCIS who need to know.

AP is short, in this case, for Administrative Processing. Also known as Administrative Review (AR). You'll also see it in reference to Advance Parole, which is your authorisation to leave the country prior to issuance of your green card.

NVC is the National Visa Center, which is the second stage for K-1s. This is where they carry out all the security checks, once the regional centre (California or Vermont) has done the initial approval (NOA1 and NOA2). Your case is forwarded by the NVC to the Embassy if you clear the checks.

[DainandVicky 4]

Yes, unfortunately they are probably checking (with the same last names) if these previous wives and current fiance are all related. Maybe they are investigating if you are bringing the entire family one marriage at a time to avoid the much longer wait that it takes to petition for a relative, then will divorce and remarry one of the "original" wives. Maybe they have a field agent or paid investigator checking to see if there's evidence you were paid to undertake these marriages (yes, this does happen).

You would have needed a waiver after the IMBRA regulations went into effect. If you didn't file one you can expect an RFE (request for evidence) or denial notice. If your lawyer specializes in immigration cases I don't think this is likely your issue.

The background check takes longer if your name is John Smith.

Any or all of these could be increasing your processing time, but I would believe like others that it's the frequency of marriages to women in the same town with the same last name that's probably requiring additional checking.

Best of luck to you.

[JD63 4]

i filed thru an attorney firm for my fiance in asia a K-1 visa (1129F) on May 14, '09. my lawyer contacted USCIS on nov 25 asking whats up. i just returned from her country and got a letter on dec.9 stating processing delayed, not ready for a decision, investigation of my background remains open.

we supplied them with all correct info. we have known each other for years and met many times in her country. she has never been married and is alot younger than i am. i have been married 3 times previously, 2 of them to women from her city, and with her last name. (all people in her caste have same last name tho they are all related.) I just spent 3 months with her there waiting until lawyer told me i mite as well return to USA to wait as it could take awhile. I have been there 3 times in the last 14 months to see her and we have TONS of evidence to prove our relationship is "bonafide" such as daily emails and webcam/phone print outs, pictures, receipts, western union receipts, boarding passes, my visa stamps, etc.. USCIS letter says if I havent heard anything i can call the 800 # but i know that doesnt do nothing. we are going nuts waiting! I realize my previous marriges probably raised flags. my 2 foreign X's still live in USA though not here in my city.

1) any ideas on how long this "background check" will take. isn't it just a few cliks away? our lawyer said all our filing info was in order.

2) what is our application is not approved. how long will an appeal take?

i plan to be there with her for our embassy interview whenever they say go. as i said we've got tons of evidence.

3) if we get denied there then how long does that appeal take? we can appeal the decision rite?

if they dont let her marry me and live here screw this, i'll just sell out and we'll move to some tropical island and live in a thatch hut or something.

Fill in your timeline and country, people with specific experiences related to those countries may be able to help as well.