Delays are so discouraging

[EminTX 131]

We began our process in May. Unfortunately, the day I was sending the initial packet, I was actually leaving for the post office when my fiance in Perú called me and told me to hold off--the municipality had changed his address--both the street and house number. The notification was only for the change--it didn't actually include the new address. I didn't know that you could simply call to change an address, or I would have filed then. As soon as he had the official address, he mailed off the new originals to me. That delayed us by almost two months (a month to get his new official address and a month for the documents to arrive by mail). We had planned for him to be here in January, so this was still an acceptable timeframe.

The original packet included EXACTLY what they asked for. Getting an RFE seems like a punishment for following directions.

It took a month to get the available documents that were requested. "If only I'd have known..." then I could have gotten the damned things when I was traveling back to Perú in October. (I've requested a list of RFE document requests to be compiled for us to do while twiddling our thumbs, but apparently that is too difficult to compile. It would have been nice. The RFE sticky is so full of fluff that it is difficult to find any real information in there. Perhaps we could all start scanning in our RFE's and post them online for others to see and potentially prepare for.)

This, of course, only adds to the frustration.

My problem now is this potential timeline:

RFE sent in November--they COULD respond to it positively in January with me receiving notice in Feb.

His interview could be set for March or even April.

Visa could be issued in March, April, May.

Can't buy the tickets until the visa is in his hands. The cost is so prohibitive that there is a month delay on that. He could arrive in April, May, June.

He is REQUIRED to return to Perú in August to finish his degree that he has been in school for the last 4 years. It is one single class. There is no option for online or delayed class or anything--this is a one-shot-deal.

AP (travel document) can take 90 days. He could possibly not get it until September.

So, we are looking at a possibility that he has to say "screw you, profession that I have devoted 4 years of my life to" versus, more than a year from now of delay plus expenses. The delays could affect his earning potential, meaning his TAXPAYING potential. (Just thought I'd throw in that politically motivated thought.)

I genuinely believe our paperwork is on the desk of someone who is off for the Month of December. I could be wrong, but there is certainly no proof otherwise.

It looks like the delays by USCIS can very easily mean that we lose out and have to start over again. I have no problem being patient for 6 months, 9 months, one year, but if we have to start this again, that is too frustrating.

It is especially frustrating when my job requires me to care for the cheaters of the system who can't even respond to "What is your name?" without telling me, "No inglisss"--not even an attempt to try because they know they don't have to follow any rules and can thumb their noses at our laws and citizens. (Honestly I may see 40 "customers" a day at over 1/2 can't respond to that most basic question.) People are always saying to me, "Why don't you just bring him illegally and then change his status. It worked for my 3 cousins and 4 uncles and so-and-so's 2 ex-wives."

I am very, very depressed because it really looks bleak.

I feel like we are all in a bus stop waiting. Some people get on the bus and go. Others of us can see our buses but aren't allowed to get on. We see new people walk into the bus station and then brag about how easy it was to get right on because (tee hee), "we are just so lucky (ha ha ha)" while others are simple punished with the timeless time-out.

Okay, enough of my ranting. That was slightly cathartic.

[GringoD 33]

"It looks like the delays by USCIS can very easily mean that we lose out and have to start over again. I have no problem being patient for 6 months, 9 months, one year, but if we have to start this again, that is too frustrating."

Ever read Love in the Time of Cholera?

FIFTY YEARS!

I DID check plane fares 'goin south' last week and found a reasonably priced fare of $931 for Christmas Day!

Tempting!

Hang in there, EMinTex.

This is a good support community,... in the mean time.

Feliz Navidad!

[baron555 934]

Petitions that contain all the necessary documents and that are filled out correctly, process through within about 15 minutes of being adjucated, after waiting the average of 5 months just to get to your petition (know that an average of 5 months is an average and may represent a range that could be as much as 10 months.....you could be one of those lucky folks!).

RFEs just delay the process and insert additional time.

All of this should have been known up front and the only other recourse is stop the petition and go there and marry and file for a CR-1 or move to another country.

It is just the way it is. Eventually it will all be over and you'll both not even think about these times.

[canadian_wife 1,823]

We sent our packet in, but it was transferred to CSC at the 5 month mark, at which point they lost our marriage certificate and sent us an RFE for another copy - which delayed the entire process for us so I understand your frustration

The visa should be valid for 6 months, while I know it will be hard to wait, why not simply have him remain in Peru until he finishes school? That way he can come to the US without any strings and start a new life, without worrying about AP or having to return in time.

Good luck

[Purple Ma 0]

We began our process in May. Unfortunately, the day I was sending the initial packet, I was actually leaving for the post office when my fiance in Perú called me and told me to hold off--the municipality had changed his address--both the street and house number. The notification was only for the change--it didn't actually include the new address. I didn't know that you could simply call to change an address, or I would have filed then. As soon as he had the official address, he mailed off the new originals to me. That delayed us by almost two months (a month to get his new official address and a month for the documents to arrive by mail). We had planned for him to be here in January, so this was still an acceptable timeframe.

The original packet included EXACTLY what they asked for. Getting an RFE seems like a punishment for following directions.

It took a month to get the available documents that were requested. "If only I'd have known..." then I could have gotten the damned things when I was traveling back to Perú in October. (I've requested a list of RFE document requests to be compiled for us to do while twiddling our thumbs, but apparently that is too difficult to compile. It would have been nice. The RFE sticky is so full of fluff that it is difficult to find any real information in there. Perhaps we could all start scanning in our RFE's and post them online for others to see and potentially prepare for.)

This, of course, only adds to the frustration.

My problem now is this potential timeline:

RFE sent in November--they COULD respond to it positively in January with me receiving notice in Feb.

His interview could be set for March or even April.

Visa could be issued in March, April, May.

Can't buy the tickets until the visa is in his hands. The cost is so prohibitive that there is a month delay on that. He could arrive in April, May, June.

He is REQUIRED to return to Perú in August to finish his degree that he has been in school for the last 4 years. It is one single class. There is no option for online or delayed class or anything--this is a one-shot-deal.

AP (travel document) can take 90 days. He could possibly not get it until September.

So, we are looking at a possibility that he has to say "screw you, profession that I have devoted 4 years of my life to" versus, more than a year from now of delay plus expenses. The delays could affect his earning potential, meaning his TAXPAYING potential. (Just thought I'd throw in that politically motivated thought.)

I genuinely believe our paperwork is on the desk of someone who is off for the Month of December. I could be wrong, but there is certainly no proof otherwise.

It looks like the delays by USCIS can very easily mean that we lose out and have to start over again. I have no problem being patient for 6 months, 9 months, one year, but if we have to start this again, that is too frustrating.

It is especially frustrating when my job requires me to care for the cheaters of the system who can't even respond to "What is your name?" without telling me, "No inglisss"--not even an attempt to try because they know they don't have to follow any rules and can thumb their noses at our laws and citizens. (Honestly I may see 40 "customers" a day at over 1/2 can't respond to that most basic question.) People are always saying to me, "Why don't you just bring him illegally and then change his status. It worked for my 3 cousins and 4 uncles and so-and-so's 2 ex-wives."

I am very, very depressed because it really looks bleak.

I feel like we are all in a bus stop waiting. Some people get on the bus and go. Others of us can see our buses but aren't allowed to get on. We see new people walk into the bus station and then brag about how easy it was to get right on because (tee hee), "we are just so lucky (ha ha ha)" while others are simple punished with the timeless time-out.

Okay, enough of my ranting. That was slightly cathartic.

HELLO! EMPATHY AND BLESSINGS! WE ARE IN SIMILAR SITUATION. GOT NOA 1 IN MAY AND WTILL WAITING, GOT SECNG RFE IN DE. DUE TO SECOND MISTAKE BY LAWYER. NO I AM IN PERU WAITING FOR IT ...I AM SCANDINAVIAN...THIS TAKES SO MUCH TIME---

I HOPED TO COME THERE IN JANUARY AND RETURN TO NORWAY IN MJUNE TO WORK THERE AS I DO EVERY SUMMER, ALSO NEED TO RTURN IN END OF NOV. TO WORK WIT THE XMAS MARKETS------NOW PRAYING , BECAUSE AS U SAY THE AP TAKES 2-3 MONTHS TO GET , AFTER FILING FOR AOS.-

AND MY GRANDMOTHER IS OLD AND I WANT TO BE THERE FOR HER IN NORWAY..BUT DIE T THE RULES OF AOS and not being able to leave the coutry I dont know-.-I really want to be there for here on her last days--- I also really want to come to see my partner and his friends and family in the US. If I could have had a visitor visa while waiting, this wouldal have been possible........hhhhhrrrrmmm.. it had been hard on the relationship too with ALL this waiting and separation--wthough we are meeting innother countries, it becomes expoensive and one can not alays get time to go-

as for paying the costs one need to work too---lol---now I can not visit him. due to denied entry 3 years ago...

I also have a son who need some stability soon--

me too--- all of us-

yeah yeah. one step at the time and trust in God for Divine Timing!!!!!!1

[EminTX 131]

He'll finish school in DECEMBER of NEXT year. We already started this process. Right now, it feels like we have a 50/50 chance of it working out. This may or may not be accurate.

I am 40. Each month later reduces fertility. We are not 20 year old kids with all our years ahead of us. Tick tick tick. If I could earn a decent wage there, I'd move in a heartbeat.

When we filed originally, we had no idea of the delay in his graduating. One silly class. A professor that flunked 1/2 the class out of spite. (Honestly, I always thought that if 50% of your students can know the material enough to pass then it indicated you are an incompetent instructor and need to be fired, but, of course, we do things differently in the US. Sigh.) This instructor apparently has a reputation for bragging about this months before the end of every December. We learned of this possibility once the wheels had begun on this visa journey. Right now, we are just idling. Wasting gasoline. Baking in the hot sun while suffocating slowly.

So..If he gets the visa in march/April/May, it is only good for 6 months. We are STILL screwed!

[Purple Ma 0]

We sent our packet in, but it was transferred to CSC at the 5 month mark, at which point they lost our marriage certificate and sent us an RFE for another copy - which delayed the entire process for us so I understand your frustration

The visa should be valid for 6 months, while I know it will be hard to wait, why not simply have him remain in Peru until he finishes school? That way he can come to the US without any strings and start a new life, without worrying about AP or having to return in time.

Good luck

That sounds like a good plan.hard to be aprt, but sometimes the divine( later)timing is perfect timing for various reasons............good we are having multicultural relationships--- enriching the world---

[Susita 175]

So, we are looking at a possibility that he has to say "screw you, profession that I have devoted 4 years of my life to" versus, more than a year from now of delay plus expenses. The delays could affect his earning potential, meaning his TAXPAYING potential. (Just thought I'd throw in that politically motivated thought.)

I know this is probably going to sound horrible, but depending on what he studied & where he's getting his degree from, it may not transfer over to the U.S. I'm only saying this because I have Peruvian friends who studied there, got their bachelor's and are now studying again here, because employers won't honor their degrees. One of them is a bilingual elementary school teacher who taught in elite private schools in Peru and now is teaching at a preschool earning $25,000.00 a year. They wouldn't accept her degree for certification so in order to teach elementary, she has to re-do her degree and then take all the NYS tests.

Again, it totally depends on what & where he studied, I also have friends who studied in Peruvian universities and got into doctorate programs here and are doing excellent. Just have him take a look at it, do some investigation and see what would be more beneficial for him.

[EminTX 131]

Susita, Thank you for your input. We already know that his field of study won't be useful here whatsoever. It is possible, but then again, we could also win the lottery. My own personal opinion is that his degree isn't necessary in either country for what he plans to eventually do, but that is not the point. He wants this and is adamant that he finish. I can certainly empathize with him on that, but practical doesn't always dictate what our hearts demand.

He asked me this morning why he can't just apply for a tourist visa, marry while here, return to finish school, then start over with that visa, instead.

I think that would be considered fraud, even IF he COULD get a tourist visa, so I told him that isn't a good idea. His friends are also asking why he is bothering with the legal route anyway since such a small percentage bother to try it the right way. GGGGGRrrrrrr.......

Now, isn't there a lottery drawing tonight? I probably should go buy some tickets.

[Al and Patricia 23]

I am very sorry to learn of the delays you both have had and I really hope the timeline for visa and AP works out for you. Did I miss it or did you not say what your RFE was for? I really liked your idea of scanning the RFE's so most of us can learn exactly they really are looking for.

[beejay 123]

Susita, Thank you for your input. We already know that his field of study won't be useful here whatsoever. It is possible, but then again, we could also win the lottery. My own personal opinion is that his degree isn't necessary in either country for what he plans to eventually do, but that is not the point. He wants this and is adamant that he finish. I can certainly empathize with him on that, but practical doesn't always dictate what our hearts demand.

He asked me this morning why he can't just apply for a tourist visa, marry while here, return to finish school, then start over with that visa, instead.

I think that would be considered fraud, even IF he COULD get a tourist visa, so I told him that isn't a good idea. His friends are also asking why he is bothering with the legal route anyway since such a small percentage bother to try it the right way. GGGGGRrrrrrr.......

Now, isn't there a lottery drawing tonight? I probably should go buy some tickets.

It would not be fraud to enter on a tourist visa, marry and then leave. Perfectly legal. Where it gets sketchy is when you enter on a tourist visa with intent to marry and stay. Considering you've spent all this time and money on the process already I don't know that you want to abandon it but if he is able to get a tourist visa he can come, marry and then go back to Peru.

You also have the option of delaying/postponing the k1 interview. I want to say you can delay it up to a year before it's considered abandoned but others will be able to give you more information on this.

Sorry for your delays and good luck figuring out what you want to do.

If he is denied for a tourist visa you could marry in Peru and maybe have a ceremony later when he gets here (if that's important to you). It would mean abandoning the K1 and refiling for a CR1 but with your timeframe it might make more sense.

[EminTX 131]

If he is denied for a tourist visa you could marry in Peru and maybe have a ceremony later when he gets here (if that's important to you). It would mean abandoning the K1 and refiling for a CR1 but with your timeframe it might make more sense.

People in Perú don't elope. There is an official process that takes, I believe, 3 weeks or more. It has to be announced in the paper in advance,the entire paper has to be taken to get a document like a marriage license from an official, there's a group civil ceremony, etc. You have to be very deliberate to marry there. I could easily be wrong, but it seems that less than half the couples that claim to be spouses are legally married.

Once we decided to marry, we looked into it. We also looked at Chile and Bolivia and it doesn't look so easy in those places, too. After the 2 trips that I have already taken this year, I can't get enough time off to go there and jump through the hoops, even if I had the money for another flight.

When you read about someone getting married in Perú, it seems to always be about some mountain tribal shaman wedding ceremony that is as legal as a 3 dollar bill.

(We looked at those, too, out of curiosity.)

He wants a formal wedding in his country, too, but it will have to wait, most likely, until after we live there. I still have some more saving for retirement to do! I've only got 47k and for us to retire there in 16 years, we'll need 250k. Why-oh-why didn't I start saving when I was young? (Young folks--DO IT!!!!)

Thank you, everybody for your input. Here lately, I feel like we are playing a poker game where our opponent is openly cheating. I know he is worth it, but dang it, why do citizens of foreign loved-ones go through this...?

[JimVaPhuong 4,863]

I don't mean to sound harsh, but it sounds like you're blaming USCIS for not accommodating your own fixed schedule. They process far too many petitions to be that accommodating.

I don't know why you got an RFE. Most RFE's are because the petitioner either forgot something, or the evidence they submitted wasn't enough to convince the adjudicator. It's impossible to compile a list of every possible thing they could ask for because it changes dramatically from one case to another. The guides here tell you the essential elements that comprise a complete petition package, but it's purposefully vague on some of the evidence. It would be pointless, for example, to tell everyone they absolutely needed copies of passport pages with entry/exit stamps since many people (those with Canadian fiance's, for example) won't have those. Likewise, a birth certificate isn't proof of citizenship for someone who became a citizen through naturalization.

As "full of fluff" as the pinned RFE thread is, it's still useful. A list of scanned RFE's isn't much good unless you know what the petitioner provided in response, and whether or not it was successful. You'd also need to know specifics about what the petitioner originally submitted, and their particular circumstances. Some people are asked for things that the overwhelming majority wouldn't be asked for because they have a unique situation.

Anyway, it's not the fault of USCIS that your fiance has a firm schedule in his home country that overlaps the immigration process. It's also not their fault that your biological clock is ticking away. You'll find the whole process dramatically less stressful if you just presume that each milestone in the immigration process will happen in it's own time, and be prepared to alter your plans accordingly as you pass each milestone. For example, if he's ready to respond to packet 3 but it's obvious he won't be able to complete AOS before he needs to return for his fall semester then notify the consulate that you'd like them to extend the approval of the petition and give you more time. You can put off the interview this way for up to a year. That way, he won't be interviewing for the visa until he's ready to come to the US and stay here.

Also, he shouldn't return for a four month semester using AP. You could be scheduled for an AOS interview, and he'd have to return to the US for the interview or risk abandoning his adjustment of status with no visa to reenter the US. Many people aren't approved at the interview, and have to wait days, weeks, or even months for a decision. It would be risky to leave the US during this time because the AP will be canceled when a decision is made on the AOS. A K1 shouldn't leave the US with an approved AP unless their schedule is flexible enough that they can drop whatever they're doing and return to the US.

[Susita 175]

He wants this and is adamant that he finish. I can certainly empathize with him on that, but practical doesn't always dictate what our hearts demand.

I can totally understand that, it would be a personal accomplishment for him. He's worked very hard on it already.

[yachachiq12 43]

JimVaPhuong has given some really good advice on the timing implications above, but I wanted to add a few thoughts to what others have offered.

First, based on what we've been seeing for visa interview wait times in Lima, it should be just a month, not two or three. If it seems like his interview letter is taking too long to arrive, he should be following up with the embassy, as Serpost has been failing to deliver those packets in a timely manner this year for whatever reason. If all goes well at the interview, he should have his visa packet in hand from DHL within the week (he lives in Lima, right?).

Regarding marrying in Peru and then filing CR-1 for him to come after his fall semester: look into it a little better. I think you're somewhat confused about the process. Not all weddings are the communal ones, first. However, those communal weddings might be faster to register for in some municipalities, without needing the two-week waiting period. You can get married in front of a judge in 15 minutes, but you'll need a lot of special paperwork like legalized foreigner birth cert, certificate of singlehood, etc. I used this website when we were preparing our Peruvian civil wedding: http://streetsofperu.blogspot.com/2009/02/how-to-get-married-in-peru.html

If you decide to abandon the K-1 since he won't really get to use it the way it's intended (unless you can hold off on your interview for 9 months), you could take two trips to Peru (or one longer one) to file for marriage and marry and then later submit your I-130 with the intent for him to relocate after his course. I totally understand that none of your options are ideal, but this is one to look into more seriously. Those one or two trips would allow you to see him without the stress of abandoning his K-1 process after fighting so hard for it or having to get all the interview documents two times when he inevitably has to file for the CR-1 anyway, PLUS the visits would allow you to start TTC (trying to conceive).

Here's an alternative timeline for you: visit for a week in January to file for civil marriage at the municipality, do your medical, etc.

Return in February to marry and collect his signature on I-130 docs (I'm pretty sure the wait time is two weeks)

Send in I-130

Have interview sometime in the fall while he's finishing up his studies

Move to the US after his fall semester

Remember, tickets to Peru are slightly less expensive between now and May, as the tourist season runs May to September-ish.

I would start by calculating the costs of each scenario, while also considering being able to see each other, the time spent to collect documents for each scenario, and the TTC situation.