Stuck in AOS limbo

[IguanaCouple 26]

I've seen cases on VJ when K-1 AOS took 8-10 months (especially if interview waiver is granted). In contrast, my AOS from VWP case took 3 & half months. So I really don't think there is a hard and fast rule about K1 AOS being quicker.

I didn't say it was a rule. I used the expression 'de facto' for a reason. On average K-1s are quicker and less hassle than B-1s and F-1s.

[Harpa Timsah 13,258]

K-1 AOS is almost always longer because their interviews are usually waived. Which does seem a little unfair.

Edited May 13, 2016 by Harpa Timsah

[gpiper 77]

K-1 AOS is almost always longer because their interviews are usually waived. Which does seem a little unfair.

Don't you mean shorter, plenty of evidence on other boards that some people are really moving through swiftly. Some not realising they have been approved until they see the GC in the mail! All in less than 6 months fir the ones relaying their stories.

As someone has already said I do t think it's just down to the type of visa you are adjusting to but other factors such as office reviewing you file and even down to individual immigration officers!

[gpiper 77]

You have in country AP. You wait. The other option is that they deny you. She has EAD and AP so she can live normally in the mean time.

Yes live normally maybe, however if the intention is to ultimately gain citizenship this just prolongs that affair as working on an EAD does not count towards time spent in residence. For some that is what they want

Your wife adjusted from B1. B1s are a tourist visa and not meant for marriage and as a matter of fact many people on here feel strongly about being allowed to AOS from B1.

B1 and F1 AOS's take longer than K-1 AOS, are de facto subject to more scrutiny and couples have had USCIS officials knock on their doors at 8am to check if there are 2 wet towels in the house.

No, you can't file a case against USCIS. The don't owe the beneficiary jack as they are not a citizen, yet and in any case, processing times are not guaranteed and immigration law is not contract law.

You can always renew her EAD and AP. I don't see why you need a lawyer unless you have some other complications.

You had an interview; everything went well. You have contacted the congressman and senator. There's nothing else you can do. You wait.

What a load of codswallop, I have not come across one poster on the VJ forums objecting to anyone adjusting from a tourist or student visa. I think that is your opinion maybe so you shouldn't really hide behind the "that is the general consensus of people here" line.

USCIS are fully aware that life can take you in many different directions and on the turn of a button. Circumstances do ocurr where it's better to AOS than be apart (you don't have to like the fact you think they are circumventing immigration protocols in your eyes). At least USCIS are a bit more understanding of this.

Marrying as a student or tourist doesn't make a couple any less genuine.

Those early morning knock at the door visits have been few and far between judging by what couples have posted throughout this website (yes they do occur you are right) and I would say are not a regular course of business that USCIS takes. Only when there are red flags on the applications do you see this. Not saying you are scaremongering but it's helpful to put your thoughts into the context of what the reality is for the vast majority of applicants.

The OP should use every power at their disposal to investigate the hold up and not be a doormat to the proceedings. Looks like they have taken every avenue they can (I agree using a lawyer isn't the way to go and is probably pointless not to mention expensive!)

Many have used the senator route or ombudsman to nudge their case along and it seems to up have worked in a lot of cases.

Hang in there and call back for periodic updates. Hopefully they will see from your files you are still pursuing them with regularity.

Good luck!

Edited May 13, 2016 by gpiper

[Harpa Timsah 13,258]

Don't you mean shorter, plenty of evidence on other boards that some people are really moving through swiftly. Some not realising they have been approved until they see the GC in the mail! All in less than 6 months fir the ones relaying their stories.

As someone has already said I do t think it's just down to the type of visa you are adjusting to but other factors such as office reviewing you file and even down to individual immigration officers!

No, I mean longer.

I have seen some lately that have been fast, so that is good. In years past they'd take like a year. I've been off this site for a while so if they have consistently become faster, that's be nice.

Concurrent AOS takes 3-5 months. I've seen it done in about 2 as well. The reason is that the local office has to interview you, and it goes on their schedule. Interview-waived AOS from K-1 just sits on a desk until someone pushes a button.

And most Vjers do hate people who AOS from tourist visas. Stick around and you'll see it's one of the most common arguments on this forum. Or search, you'll find a trove.

[gpiper 77]

No, I mean longer.

I have seen some lately that have been fast, so that is good. In years past they'd take like a year. I've been off this site for a while so if they have consistently become faster, that's be nice.

Concurrent AOS takes 3-5 months. I've seen it done in about 2 as well. The reason is that the local office has to interview you, and it goes on their schedule. Interview-waived AOS from K-1 just sits on a desk until someone pushes a button.

And most Vjers do hate people who AOS from tourist visas. Stick around and you'll see it's one of the most common arguments on this forum. Or search, you'll find a trove.

Aaahhh right, I'm quite new to this site and have seen so many quick approvals for K1 couples. I just thought that was the norm haha. So lately there have been a lot of lucky people.

Again on the type of visa.... I haven't witnessed such a debate. I think those topics have moved off the front pages of the forums. Still not sure what the problem is though. If it was a route USCIS disapproved of then I would have thought they would have closed it. For people to have animosity towards a certain group of wannabe immigrants smacks a bit of "them and us". That kind of thinking (somehow one group is less deserving or not "legitimate" in some people's eyes) is a little archaic don't you think?

I'm sure I will come across these arguments on the forums if only I knew how to search for them haha!

[Harpa Timsah 13,258]

Yep I think it is archaic, but it's hard to be apart from loved ones and I guess people get jealous and want a scapegoat.

Edit: Here's a recent thread. The forum blows up like this fairly often. http://www.visajourney.com/forums/topic/592381-i-am-a-us-citizen-my-chinese-women-has-just-came-the-usa-on-a-travel-visa-can-i-marry-her-so-she-can-stay-in-the-country-with-me/

Edited May 14, 2016 by Harpa Timsah

[gpiper 77]

Yep I think it is archaic, but it's hard to be apart from loved ones and I guess people get jealous and want a scapegoat.

Edit: Here's a recent thread. The forum blows up like this fairly often. http://www.visajourney.com/forums/topic/592381-i-am-a-us-citizen-my-chinese-women-has-just-came-the-usa-on-a-travel-visa-can-i-marry-her-so-she-can-stay-in-the-country-with-me/

Wow.... Just wow, opened up my eyes to this topic for sure, thanks for sharing.

[doorkicker 0]

We wrote a letter to the USCIS district director as well.

I don't even mind being delayed, it's the uncertainty of not knowing what the heck is going on with the application that's overbearing.

Do they need more paperwork? Did we do something wrong? Is the file literally just collecting dust on a window ledge in some office? Do we need to bring more proof? The uncertainty is much much worse than even an RFE on additional interviews ...

On top of everything else, we filed the I130 concurrently and it's being processed at the NBC (MSC**** receipt). We don't really know what's going on with that one either.

Just brutal all the way around.

Edited May 14, 2016 by doorkicker

[Harpa Timsah 13,258]

We wrote a letter to the USCIS district director as well.

I don't even mind being delayed, it's the uncertainty of not knowing what the heck is going on with the application that's overbearing.

Do they need more paperwork? Did we do something wrong? Is the file literally just collecting dust on a window ledge in some office? Do we need to bring more proof? The uncertainty is much much worse than even an RFE on additional interviews ...

On top of everything else, we filed the I130 concurrently and it's being processed at the NBC (MSC**** receipt). We don't really know what's going on with that one either.

Just brutal all the way around.

It's Administrative Processing. By its nature it is classified and secretive, and yes, it is hard to endure. Most people undergo this while their partner is abroad, so you are lucky to be together, though the waiting is still hard. You can read more about it in the Administrative Processing forum, maybe get some sympathetic ears, but most people are being kept apart from their spouses so they might tell you how lucky you are.

But no, nothing else is needed. If they need something they will ask for it. Good luck.