K1 visa pending on security check for over 3 years.

[NikLR 13,220]

Help the OP please and stay on topic.  

[Crazy Cat 39,206]

17 hours ago, geowrian said:

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

Taiwan is close also.

[Alienbiteme 54]

On 2018/6/6 at 7:27 PM, fip & jim said:

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.

Hi! Guys,

After 3 years and 1 month waiting, our k1 visa was approved on July 2nd 2018, we will keep updating our processing timeline on this form.  The timeline part of this form somehow didn't let me complete the timeline, it kept saying I wasn't putting correct date on N0A 1 and NOA2,  USCIS received our k1 application in June 1st 2015, transferred our application to Vermont service center from California Center in May 18 2016,  We got NOA2 on July 2 2018.  We wanna thank you for supporting us and giving us suggestion.

Lee and Bill

[Alienbiteme 54]

On 2018/6/6 at 7:55 PM, 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

 

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. 

Guy, we got NOA2 on July 2 2018 after over 3 years long waiting. We appreciate everything you said and will update our processing timeline once our application got updated on USCIS website.

[Rocko20 159]

34 minutes ago, Alienbiteme said:

Guy, we got NOA2 on July 2 2018 after over 3 years long waiting. We appreciate everything you said and will update our processing timeline once our application got updated on USCIS website.

Congrats! Jesus, 3 years? I would bet that's some type of record

 

You have alot patience but I would imagine it also helps that you were living with your fiance at the time. Good luck on the rest of your visajourney.

Edited July 14, 2018 by Rocko20

[Alienbiteme 54]

11 minutes ago, Rocko20 said:

Congrats! Jesus, 3 years? I would bet that's some type of record

 

You have alot patience but I would imagine it also helps that you were living with your fiance at the time. Good luck on the rest of your visajourney.

The date when we noticed our case was approved  was when we were on vacation in Bangkok last week, we were sitting at McDonald's in Siam Paragon which wasn't opened until 10 am, my fiance was checking email on his cellphone, then told me our case was approved,  I was just completely calm, most people would probably cry or smile, I was just calm.......It's hard to describe all these over 13 years difficulty we've been through together. Realizing that we are still the lucky couple compared to lots of gay couple in other countries, I thanks god, family and friends who support us in one way or another during those difficult time.  Thank you for your support and kindness.

[Valmabe 249]

On 6/6/2018 at 1:01 AM, 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... 

That´s a hell of a point. 

[myjourney2018 52]

On 7/14/2018 at 2:16 AM, Alienbiteme said:

The date when we noticed our case was approved  was when we were on vacation in Bangkok last week, we were sitting at McDonald's in Siam Paragon which wasn't opened until 10 am, my fiance was checking email on his cellphone, then told me our case was approved,  I was just completely calm, most people would probably cry or smile, I was just calm.......It's hard to describe all these over 13 years difficulty we've been through together. Realizing that we are still the lucky couple compared to lots of gay couple in other countries, I thanks god, family and friends who support us in one way or another during those difficult time.  Thank you for your support and kindness.

did you end up just waiting it out or what course of actions did you take that moved it along? also congrats, you deserve it with all the patience you guys have!

Edited July 20, 2018 by myjourney2018
to say congrats

[LeesaMarie 206]

On 14/07/2018 at 3:16 AM, Alienbiteme said:

The date when we noticed our case was approved  was when we were on vacation in Bangkok last week, we were sitting at McDonald's in Siam Paragon which wasn't opened until 10 am, my fiance was checking email on his cellphone, then told me our case was approved,  I was just completely calm, most people would probably cry or smile, I was just calm.......It's hard to describe all these over 13 years difficulty we've been through together. Realizing that we are still the lucky couple compared to lots of gay couple in other countries, I thanks god, family and friends who support us in one way or another during those difficult time.  Thank you for your support and kindness.

Will you be moving back to Washington if all goes well?  

[Alienbiteme 54]

On 2018/7/20 at 9:35 AM, myjourney2018 said:

did you end up just waiting it out or what course of actions did you take that moved it along? also congrats, you deserve it with all the patience you guys have!

It's hard to explain how our application was approved. It just happened. We did try to get hold of USCIS by the phone or congressmen numbers of times.  My fiance even made several appointment to meet USCIS officers in American Embassy located in Beijing. We have tried too many times........

[Alienbiteme 54]

18 hours ago, LeesaMarie said:

Will you be moving back to Washington if all goes well?  

Our plan was to buy a house in Seattle area, but as our case couldn't get approved in less than 6 months, we might have to change our plan of buying property in Seattle , I do notice that property value in Seattle area already has gone up at least 25 percent in the past of 2 years, which means that we have missed the best chance of investment, which made me really upset and even made me wanna sue Federal Government cause some people in government didn't get their job done on time, which effected our relationship badly. I sometimes even questioned myself if I was doing the right thing.  By thinking back all those years we have spent together ,even before I met my fiance, I always tried to do right things,when people needed help, I always offered help. My family is nobody in China and I don't understand why life is so hard on me.......My sister had stoke in early 2017, she's been in hospital ever since then. Before that, my sister and I pretty much weren't as close as when we were little. She's pretty much on her husband side. My brother-in-law isn't bad person but he doesn't like his son, my nephew, to get nearer to me. He calls me freak and treats me like  . It was just before my sister was supposed to get brain surgery, my brother-in-law called me in hospital, that was at almost 10 am on March 6 2017, he told me what happened and  I might never be able to talk to my sister for the last time. My fiance and I headed to hospital by cab........ that was also the first time that my brother-in-law met my fiance. Till know, he still doesn't accept me....... The medical care bill from hospital is close to 10,000 USD a month.  it's the situation we are facing with everyday. My aged mother has been living with my sister's family since my nephew was born. Even though I got my k1 visa in hand now, I can't just leave China right away, there's some arrangement needed to get done.

Edited July 21, 2018 by Alienbiteme

[Alienbiteme 54]

On 6/6/2018 at 7:27 PM, fip & jim said:

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.

Guys, we just received an email from NVC and they said they already sent our k1 application file to Guangzhou where I'm expecting a visa interview. I'm hoping to receive package 3 before we are flying to Bangkok on Sep 5th.

 

[Alienbiteme 54]

On 6/6/2018 at 7:27 PM, fip & jim said:

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.

 guys, we received a letter from Consulate General of the United States, Guangzhou last week.  We are still working on filling up the ds-160 form and will try to get it done before this Friday. Later we will send all documents they require to Guangzhou.

[Alienbiteme 54]

Guys, I passed visa interview on Nov 5th.

[fip & jim 452]

On 11/9/2018 at 6:22 PM, Alienbiteme said:

Guys, I passed visa interview on Nov 5th.

I haven't been here in a while. So happy for you!