Abandoning the K-1

[Mycka 0]

We received notice of receipt of our K-1 package on 12/28/2012; we received the first NOA on Jan. 2, 2013. At that time, the estimated time for NOA 2 was 5 months. I called USCIS today and was told that based on what cases are currently being processed by the California Service Center, we could expect to wait an additional 6 months (from now! 4/16/2013). I'm so disappointed and so disheartened. We are talking about changing tactics and filing the I-130 and adjustment package information. I don't think it would save any TIME, but at least Tony would be in the US (he's coming from The Netherlands). We need advice, and guidance, and prayers wouldn't hurt either.

Please help?

Mycka

[2far 185]

This is just my opinion, but Decemeber filers at CSC have hit the jackpot this past week. There have been several approved VJ members from December. There is no telling what turn the CSC will take next, but if I were a December filer, I would sit still and hope that this trend continues.

[indiana_sweetie 120]

I thought switching to I-130 will put you back to square one in the waiting process.

Edited April 16, 2013 by indiana_sweetie

[baron555 934]

I thought switching to I-130 will put you back to square one in the waiting process.

Yes

[Eri&Greg 5]

We received notice of receipt of our K-1 package on 12/28/2012; we received the first NOA on Jan. 2, 2013. At that time, the estimated time for NOA 2 was 5 months. I called USCIS today and was told that based on what cases are currently being processed by the California Service Center, we could expect to wait an additional 6 months (from now! 4/16/2013). I'm so disappointed and so disheartened. We are talking about changing tactics and filing the I-130 and adjustment package information. I don't think it would save any TIME, but at least Tony would be in the US (he's coming from The Netherlands). We need advice, and guidance, and prayers wouldn't hurt either.

Please help?

Mycka

Last I read CSC is working on December.

I could only assume you could have your NOA2 this month, 2,3,4,5 and up to 6 months from now.

I-130 could take longer than 6 months.... after you fill everything out and send it in.

I would recommend sticking with the K1 because you have better odds on getting your NOA2 sooner.

Also my experience with ANY call center, you could call 5 times, ask the same question and get 5 different answers

[Ebunoluwa 6,136]

This is just my opinion, but Decemeber filers at CSC have hit the jackpot this past week. There have been several approved VJ members from December. There is no telling what turn the CSC will take next, but if I were a December filer, I would sit still and hope that this trend continues.

I agree. I would not abandon the petition now. There is a sign of life and you would more than likely wait even longer

starting over. They don't know what they are talking about when you call so disregard it, it is just a cookie cutter answer

that tells you nothing. I think you are close, hang on.

[Pitaya 2,577]

Welcome to the forum.

Sure, you can certainly withdraw your I-129F K-1 petition (be sure to officially do that with USCIS), get married, and file for a IR-1/CR-1 spousal visa. By doing so, you will start over at the bottom of the spousal visa piles. According to the VJ stats for I-130 adjudications, CSC is currently processing Sept. 30, 2012.

The issue with all of USCIS application/petition processing at this time, is that the service centers have and are continuing to be inundated with the "DACA-tsunami" application processing. This tidal wave has brought application adjudication for anything other than DACA-related applications to a standstill, evidence the virtual halting of all other petition/application approvals. There have been over 469,000 DACA applications received by USCIS between 15 Aug 2012 and 14 March 2013!

http://www.uscis.gov/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/All%20Form%20Types/DACA/daca-13-3-15.pdf

At this time, jumping ship in midstream is likely not a good course of action. However, if someone were to ask me today which visa to go for, I would say get married and file for a spousal visa.

Of course the choice is yours.

Good luck in your decision.

Edited April 16, 2013 by A&B

[Mycka 0]

It's my understanding that refiling would put us back at the beginning of yet another long wait--the difference would be, Tony would be here in the US, not in Amsterdam. The tentative plan is to wait for a bit longer--I'm planning to go to The Netherlands sometime this summer. If something shakes loose on the K-1 in that time, we'd just continue on that journey. If nothing's changed, he'd fly back to the US with me and we'd get married here and refile.

I'm just so tired of the indefinite wait. It's like being in line at the grocery store...... for months.

Thanks, btw, for all of the comments and advice. We're going to continue to discuss and weigh options. I guess I don't understand why waiting for the CR-1 would be as agonizing since he'd be here.. or could he be made to return to Amsterdam?

[Pitaya 2,577]

It's my understanding that refiling would put us back at the beginning of yet another long wait--the difference would be, Tony would be here in the US, not in Amsterdam. The tentative plan is to wait for a bit longer--I'm planning to go to The Netherlands sometime this summer. If something shakes loose on the K-1 in that time, we'd just continue on that journey. If nothing's changed, he'd fly back to the US with me and we'd get married here and refile.

I'm just so tired of the indefinite wait. It's like being in line at the grocery store...... for months.

Thanks, btw, for all of the comments and advice. We're going to continue to discuss and weigh options. I guess I don't understand why waiting for the CR-1 would be as agonizing since he'd be here.. or could he be made to return to Amsterdam?

The spousal visa interview will be done outside of the US.

[2far 185]

It's my understanding that refiling would put us back at the beginning of yet another long wait--the difference would be, Tony would be here in the US, not in Amsterdam. The tentative plan is to wait for a bit longer--I'm planning to go to The Netherlands sometime this summer. If something shakes loose on the K-1 in that time, we'd just continue on that journey. If nothing's changed, he'd fly back to the US with me and we'd get married here and refile.

I'm just so tired of the indefinite wait. It's like being in line at the grocery store...... for months.

Thanks, btw, for all of the comments and advice. We're going to continue to discuss and weigh options. I guess I don't understand why waiting for the CR-1 would be as agonizing since he'd be here.. or could he be made to return to Amsterdam?

Mycka, I'm sure someone with more knowledge than me will chime in, but I believe that him coming here on a tourist visa or something, then marrying and adjusting status is considered visa fraud. He could come to the US, marry, you could file the I-130, but he would need to return to the Netherlands before the tourist visa expired and finish out the wait in his home country. The medical and interview would be performed in his home country.

Again, I'm sure someone else with more experience will give you more detailed information

[KayDeeCee 4,899]

It's my understanding that refiling would put us back at the beginning of yet another long wait--the difference would be, Tony would be here in the US, not in Amsterdam. The tentative plan is to wait for a bit longer--I'm planning to go to The Netherlands sometime this summer. If something shakes loose on the K-1 in that time, we'd just continue on that journey. If nothing's changed, he'd fly back to the US with me and we'd get married here and refile.

I'm just so tired of the indefinite wait. It's like being in line at the grocery store...... for months.

Thanks, btw, for all of the comments and advice. We're going to continue to discuss and weigh options. I guess I don't understand why waiting for the CR-1 would be as agonizing since he'd be here.. or could he be made to return to Amsterdam?

You would need to withdraw the I-129F petition before filing the I-130. You can marry and he can stay and wait with you for as long as he is granted visitation time in the US. He would need to leave before he overstays. He needs to return home for the medical and interview anyway. He cannot enter the US with the intent to marry and STAY and adjust status.

[Mycka 0]

You would need to withdraw the I-129F petition before filing the I-130. You can marry and he can stay and wait with you for as long as he is granted visitation time in the US. He would need to leave before he overstays. He needs to return home for the medical and interview anyway. He cannot enter the US with the intent to marry and STAY and adjust status.

Well... ick. When I called and spoke to the woman at the call center, she did tell me I'd need to withdraw the I-129F, and she gave me a list of forms that we'd need to file in order for him to stay and NOT return to Amsterdam. It's frustrating that the whole process is so complicated that the people who are being paid to answer the questions, don't know the answers. I guess we will just continue to wait.

[Lynkali 163]

If nothing's changed, he'd fly back to the US with me and we'd get married here and refile.

If you do that, he cannot stay in the USA past the normal 3-month ESTA/visa waiver allowance. You can marry, yes! But he will have to return to The Netherlands after the 90-day visa waiver is over, and then you will be in the same situation as now: separated and waiting for a visa which is now further away because you've started fresh.

I'm in the same boat and it's incredibly frustrating, but my advice is to stay K-1 -- otherwise you are starting all over and won't have any difference in the living situation.

[aamirpearl 47]

oh no...bad idea you'll just wait all over again from the beggining...

[Harpa Timsah 13,259]

The person you spoke to can't predict the future.