K1 Visa Process

[Renee & Miguel 2]

Hi everyone, I'm new to this forum so hoping I can get some answers.  I received my NOA1 on December 1st 2017.  They originally told me the whole process would be 5-6 months but now they are saying it could be longer.  Realistically what should I expect in terms of timing for receipt of the NOA2?  My fiance lives in Mexico.  Also once he does finally get here to the US, I understand that he can't travel out of the country until the Adjustment of Status is completed.. What is the current timing for that part of the process and what if there's a family emergency?  Do we have to start the process all over?  Thanks! 

[RJandHamid 1,128]

Yes, unfortunately NOA2 processing times have increased to close to 6-7 months. Then add in another 2-4 months until the interview stage for an overall processing timeline of 9-12 months. 

 

The AOS processing times largely depend on the speed of your local office. You can file for EAD (Employment Authorization so he can legally work)/AP (Advanced Parole so he can travel outside of the US and return without applying for another visa) along with the green card application.  EAD/AP are currently taking around 3-6 months, however if a family emergency were to occur and you had proof of it, you could try to expedite the Advanced Parole. The green card can take anywhere from 4-12+ months depending your local office. 

[Paul & Mallory 1,398]

It's impossible to give a definitive answer to how long one should expect this process to last. There are so many factors, obviously one main one being which country as some countries have varying requirements, wait time, etc., than others.

 

It has been taking far longer over the past year than it has in the past, to my understanding. We filed the beginning of June and did not receive our NOA2 until December 1st. We are still currently waiting to finish processing with the NVC and wind up at the embassy in Stockholm (my fiancé's home country) to continue the process. We still have his medical requirements to fulfill, and then the final interview.

 

It seems to be the luck of the draw, quite honestly; compared to my above personal stats, there are some who petitioned long before we did (April and May) who are still awaiting their NOA2s. No one has yet to come up with a significant rhyme or reason to it.

 

I would mentally prepare yourselves for a solid year, or better part of a year, from beginning to end.

 

I would look around the forums, see if you can find other posters with the same beneficiary country as you and see how their timelines are averaging out. Looking at another's timeline from the same country does not automatically mean your timeline will mirror theirs, but it may be helpful setting yourself up some viable expectations for your specific process.

 

Best of luck to you! I wish I could say this is a piece of cake and will be over soon, but....  Just be patient, hang in there, and hold onto one another.

[Renee & Miguel 2]

Thanks for your response.  Wow, that's a bummer.. we were told this part of the process would be 3-5 months.. then they recently told us 5-7 for this part. As far as the EAD and AP, when can we file for that? Do we have to wait until he's actually here and we are married?

[RJandHamid 1,128]

2 minutes ago, repalm22 said:

Thanks for your response.  Wow, that's a bummer.. we were told this part of the process would be 3-5 months.. then they recently told us 5-7 for this part. As far as the EAD and AP, when can we file for that? Do we have to wait until he's actually here and we are married?

Yes, you cannot apply for AOS/EAD/AP until he has arrived and you get married. Also, be aware that there is an additional cost to file the AOS paperwork ($1225).

[Renee & Miguel 2]

Thanks again for all of the information. I appreciate the words of encouragement as this process is difficult on all of us.  I travel to Mexico once a month to see him for a couple days at a time.. It's hard but we are trying to remain positive and hope that we get lucky like some of the people have.  I agree with there being no rhyme or reason. Some people move along the process quicker than others.  I will read up some more.  I'm just extra sad because im thinking wow i'm almost two months in only few months to go and now it's all changed.  Good luck to everyone and thanks again..

[Renee & Miguel 2]

I have another question.  I see that we can check the status on the current processing times at USCIS.  How come it says currently reviewing applications from June.  It was last updated as of October 2017 so is it possible that they have been reviewing June's from October until now?  Is there another site you can recommend the current processing times?

[JDP91 118]

42 minutes ago, Renee & Miguel said:

I have another question.  I see that we can check the status on the current processing times at USCIS.  How come it says currently reviewing applications from June.  It was last updated as of October 2017 so is it possible that they have been reviewing June's from October until now?  Is there another site you can recommend the current processing times?

If you check in the Case Filing and Progress Reports subforum, you can see threads from members who filed during various months. Looks like there are a handful of approvals from July filers, but most seem to be still waiting. 

[Naes 12,205]

1 hour ago, Renee & Miguel said:

I have another question.  I see that we can check the status on the current processing times at USCIS.  How come it says currently reviewing applications from June.  It was last updated as of October 2017 so is it possible that they have been reviewing June's from October until now?  Is there another site you can recommend the current processing times?

Website updates with the data of 2 months ago.

those dates are to pursue if someone is out of normal processing time, for you for example it needs to turn December 1 so that you can say it is out of normal times and put an inquiry.

 

as of Friday; they are processing mainly june and up to mid- july cases. (The last one we saw was 14th of July)

 

at this moment the average takes 185-220 days for noa1 to noa2.

7-8 months.

 

i don't know how it will change in the next months but it is hard to assume at this moment that it will go under 6 months. And NVC is taking 35+ days. 

 

So give it 9-12 months for k1 visa on hand.

 

unfortuantely everybody thought this will be faster, however whoever told you it would be 3-5 months when you were filing had no idea what the current timelines were. Most people don't have a clue about this. Lawyers have nooooo idea, and visa agents are just learning this too.

 

so good luck and sit tight. It will end one way or another.

[NYCruiser 423]

18 hours ago, RJandHamid said:

Yes, you cannot apply for AOS/EAD/AP until he has arrived and you get married. Also, be aware that there is an additional cost to file the AOS paperwork ($1225).

PS: The EAD and AP is included in that fee. We followed the guidance for K1 Visas and AOS on Visa Journey and it was fantastic

[Renee & Miguel 2]

Spoiler

 

Ok so I know I have a long way to go but I'm just trying to figure this all out so I know what we are in for going forward.  I've been reading a lot of information about all this.  So once he gets here and we marry, we can apply for the AOS, EAD, AP.  Realistically how long will it take to get the EAD and AP?  Of course one of the worries is that he has to wait a long time before he can actually work legally.  Then secondly I just worry that if he has to get home to his family for whatever the reason, I don't want to have any issues.  So my question is do we know currently what the timing is for the EAD & AP.  I understand the AOS can take easily at least 6 moths.  Thanks..

[Illiria 980]

EAD and AP can be 3 to 4 months with some taking longer.

 

AOS can take up to and exceeding a year in some cases. 

 

For those reading this and debating which route to take if working and travel as soon as you get to the US is important to you then marriage outside of the us and a spousal visa is the way to go. 

[RJandHamid 1,128]

Current processing times for EAD/AP are anywhere from 75-140 days. We filed for AOS along with EAD/AP in September 2017 and we just got my husband's EAD/AP approval letter yesterday (day 131 from filing). There are some who filed before me who are still waiting and some who filed months after me and received the EAD/AP in under 75 days. Some have had success in expediting the EAD with a job offer, or expediting the AP because of a personal/family emergency, but of course those quicker approvals are on a case by case basis.