K1 visa pending on security check for over 3 years.

[fip & jim 452]

They will do a security check on your fiance. It is one of the first things they do in the whole process. 

You need to know why this is being held up before you can decide how to resolve it. 

Do you have a specific contact at USCIS? 

 

[Alienbiteme 54]

4 hours ago, fip & jim said:

It's impossible to say why they are not processing, but as AL-MJD said perhaps your prolonged absence from US is causing the problem. You need to know what the problem is. If you file another petition you could encounter the same problem. Do you have a named contact at USCIS?

Be honest, we don't know anybody from USCIS, otherwise we would have found out what the problem was from the beginning. You see,  I'm 73 years old, my fiance is 44 years old. We never expected the same sex marriage  could be legal in the States. My fiance's sister is dying in hospital. And his mother is already 76 and has a few medical problem, which already put us in very difficult situation.  I'm heart patient  and needs to take pills daily. We've been through so much more than you could imagine in the past of 14 years. We just wanna get married like equal human Being. We are hoping to get a bit help from this form.

[fip & jim 452]

34 minutes ago, Alienbiteme said:

Be honest, we don't know anybody from USCIS, otherwise we would have found out what the problem was from the beginning. You see,  I'm 73 years old, my fiance is 44 years old. We never expected the same sex marriage  could be legal in the States. My fiance's sister is dying in hospital. And his mother is already 76 and has a few medical problem, which already put us in very difficult situation.  I'm heart patient  and needs to take pills daily. We've been through so much more than you could imagine in the past of 14 years. We just wanna get married like equal human Being. We are hoping to get a bit help from this form.

I understand. I've been through quite a lot myself in life, so I get it. 

Can you make a phone call to USCIS? The reason I keep saying about a named contact is because I know how bureaucracy works. It sounds like what's happening at the moment is that you are filling out an online enquiry form, then whoever looks at it reads all through your notes then tells you what you already know. You're stuck in a loop. You need to speak and interact with someone at USCIS. If you have someone's name you can try to hold them accountable and you have details of the employee if you make a complaint. Ask for the information you need and say something like "Can I take your name please? Can I check with your supervisor if the information you've given me is correct? Can you confirm this by sending me a follow-up email, please?" After all, you pay your fee when you file your petition and they should have a code of conduct with clients. Waiting 3 years is unacceptable. You need the information of what the issue is with the security check, you cannot move beyond that until you know what the obstacle is. For example, is it missing information, or because you are absent from the US for the majority of the time? If they can't tell you specifically then they should at least give you some kind of plausible explanation for what the hell is going on with your case. If an employee at USCIS doesn't know the answer to what you are asking then you have a right to ask to speak to someone who does and expect an answer. 

Yes, you deserve to be married and it's awful that many obstacles have been put in your way. Wishing you all the best. I hope you have a favorable outcome.

Edited June 6, 2018 by fip & jim

[NikLR 13,220]

Get married.  File DCF.  

[Teemo 252]

6 hours ago, Alienbiteme said:

I have had an I129-F (Petition for Alien Fiance(e) submitted for over 3 years now. At the time of my submission, the USCIS 's stated processing time was 3-5 months. I have made repeated inquiries to USCIS Customer Service website to determine and/or question the delay. Each time the USCIS representatives have stated that the hold was placed on my petition due to a security check. They explained that nothing could move forward until the security check was completed. They would not provide any specific period of time. I have contacted 4 congressional representatives, and after their offices checked on my petition, they all stated the same thing. The delay in my petition was due do a security check and they could not obtain any further information.

 

Fortunately, we have been living together in my fiance's country for almost 14 years.  Even though I return to the U.S. every year for a month or so, I must leave my fiance behind. My fiance and I have reached the end of our patience. From a realistic standpoint, our ages are threatening our ability to have a functional relationship if the petition is approved. 

 

Why would the USCIS be doing a security check on me, a U.S. citizen? Acquaintances of ours received the K-1 Visa approval in less than five months while not even having a fraction of the relationship track record that we have.

 

We have thought of re-filing, i.e. canceling our original I129-F and filing a new one. Is this a viable possibility, or would that make things worse?

 

Here is what we think our options are:  (1)Continue waiting and continue to contact USCIS,  (2) File court action against USCIS, Continue waiting and continue to contact USCIS, (3) Have my fiance get a tourist visa, travel to the U.S., and we marry, then return to his home country. (4) Withdraw original I129F and file a new petition.

They do a security check on both petitioner and beneficiary, and it has nothing to do with living in the US or coming back for one month a year. They can do one on people living anywhere in the world, although of course it is easier to get in some parts of the world than others. The US shares and receives information widely with other governments. So first, you should stop assuming it's necessarily you the security check concerns, and your 1 month in the US a year has nothing to do with it (unless of course you have been busted smuggling stuff to the US in that time). The reason they do the security check on you, the US citizen, is that under the Adam Walsh Act if the US citizen poses a danger to the beneficiary (ie domestic violence, convicted of having sex with a minor etc) they won't approve the petition. But if you don't have that issue, then I'm willing to bet it's the beneficiary that the security check is held up on, does he have anything in his background, especially political, that China would have on him? Was he arrested of same sex/sodomy issues and maybe that's the problem? (sorry if that's insulting I just don't know how the law works over there)

 

Cancelling your current fiance visa and filing spousal visa wouldn't solve the problem, as security checks are needed there too so you'd just have the same issue. He likely can't get a tourist visa either if a security check is still pending. Continuing to just wait patiently isn't the best option either, since 3 years is about 4x as long as it should take. 

 

So yes I think your best bet is 1) contact the ombudsman, supposed to be a neutral party (www.dhs.gov/topic/cis-ombudsman); 2) update your congressman and have them inquire again; 3) request a FOIA (www.uscis.gov/g-639) to get all the info on your case - it's free; 4) call USCIS again and again and ask to speak to tier 2 representative; 5) make an infopass appointment to try and hurry them along (https://my.uscis.gov/appointment); 6) absolutely start the process of filing court action against them. I've seen a couple cases where just the threat of this speeds them along. 

 

Good luck! Very awful situation they have put you in. 

6 hours ago, AL-MJD said:

same sex couple wouldn't matter at all for either petitions. is your US address in a state that doesn't recognise same sex marriage, by any chance? i'm a beneficiary so i don't know my US politics.

All states recognize same sex marriage now

 

6 hours ago, Roel said:

Honestly after 3 years I'd just cancel k1, get married and file cr1. 

 

But you need domicle in the US. If you don't live there and have pretty much 0 connections there, why would they issue your fiance a visa to reunite with you? Since that's the point of family based visa... 

CR1 would not solve the problem of security checks, so that process would be held up too. Issue of domicile would not hold up security checks; besides, US citizens live all around the world and they are entitled to same rights that US citizens in the US receive. Petitioner/OP has a connection to the US - he is a citizen there. That is the only connection the petitioner needs - he has free and total right of entry and residency in the US. The issue in terms of this application is that the petitioner must prove he will move back to the US before or at the same time as the beneficiary, so at some point he will need to provide evidence of where he will live, work etc. But the application hasn't even progressed to that point, it is still stuck on the security checks! So that's not the issue since they need to interview him to get that info, and then they would approve/deny him on this basis, not simply hold it up for 3 years. 

 

6 hours ago, Paco415 said:

If there a reason why you are living in China more than you are in the USA? Why are you not willing to move to China permanently? I also think your living abroad for such an extended period of time may have something to do with it, but that is just a hunch.

Many US citizens live around the world and they apply for immigration benefits for partners all the time, when they are ready to move back to the US together. There is no rule or custom that only US citizens living in the US can apply or else face large delays, USCIS are fully capable of processing those cases in almost all cases. So most likely situation here is some issue in the beneficiary's background that China is being tight-lipped on causing the hold-up, because OP would know if something in his own background could be flagged as a national security or public safety threat. 

Edited June 6, 2018 by Teemo

[kemm360 144]

They did the same security check on me and my gurl.

At the end we were approved and they apologized for wasting time. Who care!!

Our K1 took 11 months to approve without RFE.

Edited June 6, 2018 by kemm360

[mrs thb 331]

You have the patience of Job.  3 years??

 

Not physically being in the USA might not be helping your case.  Perhaps that's the first thing you can do.  And instead of being apart, why doesn't your SO travel with you when you come?

 

And while your in the USA make monthly or bimonthly info pass appts or each time you come.  This is crutial.  They will see your serious, and one day you might end up with a supervisor as you IO and that person might be able to give you a little more info than just a regular employee.

 

Getting a lawyer might help some as some have a backdoor pass to USCIS offices and can sometimes get a bit more info for you.

 

BUT, you need to be present in the USA...... as in an active citizen.

 

2 hours ago, Teemo said:

 

Cancelling your current fiance visa and filing spousal visa wouldn't solve the problem, as security checks are needed there too so you'd just have the same issue. He likely can't get a tourist visa either if a security check is still pending. Continuing to just wait patiently isn't the best option either, since 3 years is about 4x as long as it should take. 

 

So yes I think your best bet is 1) contact the ombudsman, supposed to be a neutral party (www.dhs.gov/topic/cis-ombudsman); 2) update your congressman and have them inquire again; 3) request a FOIA (www.uscis.gov/g-639) to get all the info on your case - it's free; 4) call USCIS again and again and ask to speak to tier 2 representative; 5) make an infopass appointment to try and hurry them along (https://my.uscis.gov/appointment); 6) absolutely start the process of filing court action against them. I've seen a couple cases where just the threat of this speeds them along. 

 

@Teemo is right on with #1,2,3 and 5.  You can't be buddy-buddy with congressman if your not in the country and I do believe they too have a back door pass to the field office if this is one of their favoured congressional topics. The FOIA might not pan out in time (It can take forever) but getting this process rolling rings alarm bells within the system and this might get them rolling on the security check. 

 

IMO, tier 2 knows s #  # t.

 

Good luck.

[Alienbiteme 54]

2 hours ago, Teemo said:

They do a security check on both petitioner and beneficiary, and it has nothing to do with living in the US or coming back for one month a year. They can do one on people living anywhere in the world, although of course it is easier to get in some parts of the world than others. The US shares and receives information widely with other governments. So first, you should stop assuming it's necessarily you the security check concerns, and your 1 month in the US a year has nothing to do with it (unless of course you have been busted smuggling stuff to the US in that time). The reason they do the security check on you, the US citizen, is that under the Adam Walsh Act if the US citizen poses a danger to the beneficiary (ie domestic violence, convicted of having sex with a minor etc) they won't approve the petition. But if you don't have that issue, then I'm willing to bet it's the beneficiary that the security check is held up on, does he have anything in his background, especially political, that China would have on him? Was he arrested of same sex/sodomy issues and maybe that's the problem? (sorry if that's insulting I just don't know how the law works over there)

 

Cancelling your current fiance visa and filing spousal visa wouldn't solve the problem, as security checks are needed there too so you'd just have the same issue. He likely can't get a tourist visa either if a security check is still pending. Continuing to just wait patiently isn't the best option either, since 3 years is about 4x as long as it should take. 

 

So yes I think your best bet is 1) contact the ombudsman, supposed to be a neutral party (www.dhs.gov/topic/cis-ombudsman); 2) update your congressman and have them inquire again; 3) request a FOIA (www.uscis.gov/g-639) to get all the info on your case - it's free; 4) call USCIS again and again and ask to speak to tier 2 representative; 5) make an infopass appointment to try and hurry them along (https://my.uscis.gov/appointment); 6) absolutely start the process of filing court action against them. I've seen a couple cases where just the threat of this speeds them along. 

 

Good luck! Very awful situation they have put you in. 

All states recognize same sex marriage now

Thank you for your suggestions. I will consider and act on each as I can. Your numbers 3 and 6 are the only ones I haven't done before, but it can't hurt to do the others again. In one response that I received from USCIS to my question as to why the processing was taking so long, they replied, in essence, don't keep asking us this question.

2 hours ago, Teemo said:

 

CR1 would not solve the problem of security checks, so that process would be held up too. Issue of domicile would not hold up security checks; besides, US citizens live all around the world and they are entitled to same rights that US citizens in the US receive. Petitioner/OP has a connection to the US - he is a citizen there. That is the only connection the petitioner needs - he has free and total right of entry and residency in the US. The issue in terms of this application is that the petitioner must prove he will move back to the US before or at the same time as the beneficiary, so at some point he will need to provide evidence of where he will live, work etc. But the application hasn't even progressed to that point, it is still stuck on the security checks! So that's not the issue since they need to interview him to get that info, and then they would approve/deny him on this basis, not simply hold it up for 3 years. 

 

Many US citizens live around the world and they apply for immigration benefits for partners all the time, when they are ready to move back to the US together. There is no rule or custom that only US citizens living in the US can apply or else face large delays, USCIS are fully capable of processing those cases in almost all cases. So most likely situation here is some issue in the beneficiary's background that China is being tight-lipped on causing the hold-up, because OP would know if something in his own background could be flagged as a national security or public safety threat. 

 

[javadown2 308]

9 hours ago, Alienbiteme said:

I have had an I129-F (Petition for Alien Fiance(e) submitted for over 3 years now. At the time of my submission, the USCIS 's stated processing time was 3-5 months. I have made repeated inquiries to USCIS Customer Service website to determine and/or question the delay. Each time the USCIS representatives have stated that the hold was placed on my petition due to a security check. They explained that nothing could move forward until the security check was completed. They would not provide any specific period of time. I have contacted 4 congressional representatives, and after their offices checked on my petition, they all stated the same thing. The delay in my petition was due do a security check and they could not obtain any further information.

 

Fortunately, we have been living together in my fiance's country for almost 14 years.  Even though I return to the U.S. every year for a month or so, I must leave my fiance behind. My fiance and I have reached the end of our patience. From a realistic standpoint, our ages are threatening our ability to have a functional relationship if the petition is approved. 

 

Why would the USCIS be doing a security check on me, a U.S. citizen? Acquaintances of ours received the K-1 Visa approval in less than five months while not even having a fraction of the relationship track record that we have.

 

We have thought of re-filing, i.e. canceling our original I129-F and filing a new one. Is this a viable possibility, or would that make things worse?

 

Here is what we think our options are:  (1)Continue waiting and continue to contact USCIS,  (2) File court action against USCIS, Continue waiting and continue to contact USCIS, (3) Have my fiance get a tourist visa, travel to the U.S., and we marry, then return to his home country. (4) Withdraw original I129F and file a new petition.

Ok...read more of the replies.....not sure there is much you can do but keep waiting it out. Sorry for your unfortunate situation.

Edited June 6, 2018 by javadown2

[javadown2 308]

8 hours ago, Alienbiteme said:

No, just me I think. They really don't have enough information about my fiance to do a security check.

Yes they do....the do it in your fiancee/fiance's home country more then likely.

[JonasSobieski 17]

6 hours ago, NikLR said:

Get married.  File DCF.  

China doesn't recognize same sex marriages or civil unions.

[geowrian 22,335]

28 minutes ago, JonasSobieski said:

China doesn't recognize same sex marriages or civil unions.

Travel to Hong Kong? Or a nice scenic marriage and honeymoon?

[Teemo 252]

5 hours ago, mrs thb said:

You have the patience of Job.  3 years??

 

Not physically being in the USA might not be helping your case.  Perhaps that's the first thing you can do.  And instead of being apart, why doesn't your SO travel with you when you come?

 

And while your in the USA make monthly or bimonthly info pass appts or each time you come.  This is crutial.  They will see your serious, and one day you might end up with a supervisor as you IO and that person might be able to give you a little more info than just a regular employee.

 

Getting a lawyer might help some as some have a backdoor pass to USCIS offices and can sometimes get a bit more info for you.

 

BUT, you need to be present in the USA...... as in an active citizen.

Like I said, there is no requirement or custom or expectation that a US citizen HAS to be in the US for this process to work or to go smoothly. US citizens live around the world, and have the same guaranteed right of entry and ability to petition an immediate family member (or fiancee) as anyone else.  They apply for immigration benefits for others ALL the time and are granted them routinely. Something is specific to this story that is not making it go smoothly but there is nothing anecdotal or otherwise to suggest that separating from his fiancee,, uprooting his life and living in the US alone will change anything here.  His fiancee from China likely can't come visit the US on a visitor/non-immigrant visa given his security check is pending and he has demonstrated immigrant intent, and non-immigrant intent is a requirement of a visitor visa. 

 

Long story short this advice is not based in law, custom, anecdotal evidence, or reality. It's just a hope and a prayer. Much better to explore all avenues to get the security check done as it should have been done in a timely manner, regardless of where the petitioner lives in the world. 

Edited June 6, 2018 by Teemo

[elmcitymaven 9,711]

8 hours ago, NikLR said:

Get married.  File DCF.  

This is what I was thinking. Chinese citizens don't need a visa to enter Saipan, and same sex marriage is legal in the Northern Marianas. It doesn't matter whether the marriage is recognized in China, it only has to be a marriage that is recognized as legal in the United States. 

 

At the same time, the amount of time for the security checks is outrageous. It could be writ of mandamus time, in which case it's time to get an attorney who knows his/her stuff in that arena.

[KBA 542]

I have not been waiting as long as you but almost a year...and the same thing that security checks are pending. If we got married instead and filed for the spousal visa, my understanding is that the security checks would start all over again. I contacted my congresswoman’s office and they got the same response...that the security checks were pending. Have you filed an inquiry with the Ombudsman? I did that also but they still haven’t assigned my case to anyone. I would be pulling my hair out by now if it was 3 years...I would consider contacting a lawyer as I heard of writ of mandamus may be an option. Please keep us posted!!