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Orientalelf

Cancelling K-1 for CR-1, is it worth it? (K-1 trouble)

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Hello everyone, 

 

Our K-1 case is over the normal processing time for noa2 and bordering a year's wait. This would be fine, but uscis are both rude and extremely unhelpful.

The amount of times reps have slammed the phone down on is actually disheartening (my fiance isn't rude in the slighest). 

We have no reason for it to be delayed (no criminal records, same surnames etc.) and have been running around in circles with the same generic e-mail "awaiting officer assignment please wait 30-45 days" at least 4 times now. We're in a pickle, if it gets to a year with the same e-mail, we're lost?!

Very much regret not going through a lawyer (although they can't help with the processing), so the only option is pulling out, getting married and CR-1ing it.

Knowing what we know now about backlogs and waiting times, is the CR-1 still worth it? Is going through a lawyer a sensible option? 

 

Confused, agitated and losing the will to function. 

 

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Has the US petitioner contacted his senator in WA D.C. This could help jog it though the system. At least you might get a better read on what is happening.


 

 

Service Center : California Service Center on 2014-03-17Consulate : London, United KingdomI-129F Sent : 2014-03-10I-129F NOA1 : 2014-03-14I-129F NOA2 : 2014-04-07NVC Received :4/21/2014NVC Left :4/23/2014Consulate Received :2014-04-29Packet 3 Received :2014-05-01Packet 3 Sent :2014-05-01Medical Complete: 2014-05-07Packet 4 Received :2014-5-31Interview Date :2014-06-06Visa Issued: 2014-06-10Visa Package Received: 2014-06-13Arrival at POE Seattle: 2014-6-13

Married 07/07/2014

AOS Timeline
AOS package mailed 08/08/2014 (Chicago Lockbox)
NOA date 8/13/2014
Biometrics done 09/14/2014
INTERVIEW DATE!!!! 10/31/2014
Approval e-mail 10/31/2014
Card production e-mail 12/27/2011
GREEN CARD ARRIVED 11/08/201

Employment Authorization Document
CIS Office : Chicago National Office
Filing Method : Mail
Filing Instance : First
Date Filed : 2014-08-04
NOA Date : 2014-08-13
RFE(s) :
Bio. Appt. : 2014-09-04
Approved Date : 2014-09-25
Date Card Received : 2014-10-03

ADVANCED Parole
CIS Office : Chicago National Office
Filing Method : Mail
Filing Instance :First
Date Filed : 2014-08-04
NOA Date : 2014-08-13
RFE(s) :
Date Received : 2014-10-03


ROC Timeline
ROC package mailed to CSC 10/13/2016
NOA1 date 10/17/2016
Biometrics date 12/8/2016

Interview: None
Card production ordered: 03/27/2018
10-YEAR GREEN CARD ARRIVED

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Doesn't make sense to start all over.


Removal of Conditions

12/29/2018  Sent ROC package to Dallas PO Box by USPS Priority Mail. 

12/30/2018  ROC package arrived & ready for pickup at Dallas PO Box at 7pm.

01/03/2019  Credit card transaction alert received at 7:10am authorizing charge of $680 to USCIS Dallas Lockbox

01/03/2019  Received text message from USCIS stating original receipt to follow in mail and a receipt number starting with MSC.

01/07/2019  Added receipt number to myaccount.uscis.dhs.gov/ and it shows case received and nothing to do at this time.

01/11/2019  Received US Postal Service Informed Delivery email at 8:20am showing incoming letter from USCIS.

01/11/2019  Received biometric appointment in the mail.  Biometric appointment is for 01/22/2019

01/14/2019  Completed walk-in biometric at Tampa Field Office.

 

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36 minutes ago, Orientalelf said:

Knowing what we know now about backlogs and waiting times, is the CR-1 still worth it?

You bring up a very good question.  Normally, I would say that it doesn't make sense to withdraw your K-1 this late in the game.  However, even if you did that now, your fiance/spouse might have a Green Card in hand a little earlier than if you went the conventional K-1/AOS route........but it would be an expensive route.

I'm sure most people, including me,  would say you should just wait......

 

 


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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Have you done an e-request for outside normal processing time?

https://egov.uscis.gov/e-request/displayONPTForm.do?entryPoint=init&sroPageType=onpt

 


Removal of Conditions

12/29/2018  Sent ROC package to Dallas PO Box by USPS Priority Mail. 

12/30/2018  ROC package arrived & ready for pickup at Dallas PO Box at 7pm.

01/03/2019  Credit card transaction alert received at 7:10am authorizing charge of $680 to USCIS Dallas Lockbox

01/03/2019  Received text message from USCIS stating original receipt to follow in mail and a receipt number starting with MSC.

01/07/2019  Added receipt number to myaccount.uscis.dhs.gov/ and it shows case received and nothing to do at this time.

01/11/2019  Received US Postal Service Informed Delivery email at 8:20am showing incoming letter from USCIS.

01/11/2019  Received biometric appointment in the mail.  Biometric appointment is for 01/22/2019

01/14/2019  Completed walk-in biometric at Tampa Field Office.

 

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Based on your timeline you are at 9 months, not a year. Nine months is actually not unheard of.

 

Yes, K1s are taking longer than usual.

 

You are more than half way of the process so better to waiting it out.

 

Patience is key.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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You’re not even at 9 months yet (but you will be next week). Looking at current trends, it’s not that far off the mark. 

 

If you were to start over, you’d still be dealing with USCIS, who you have found to be rude (that was never my experience so I’ll say it was just bad luck, maybe?) and a lawyer will not speed things up or improve your chances of being approved. 


 

 

 

 

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One more thing:  For a straight forward case, an attorney mean nothing but added, needless expense.....In our case (as straight forward as a case can be), I feel the attorney's negligence caused us a 12 week delay.


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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2 hours ago, G Walters said:

Has the US petitioner contacted his senator in WA D.C. This could help jog it though the system. At least you might get a better read on what is happening.

He has and the office got the same generic answer as us.
 

1 hour ago, gregcrs2 said:

Have you done an e-request for outside normal processing time?

https://egov.uscis.gov/e-request/displayONPTForm.do?entryPoint=init&sroPageType=onpt

 

We've done 2 of these and 2 submitted by the office themselves.
 

1 hour ago, NuestraUnion said:

Based on your timeline you are at 9 months, not a year. Nine months is actually not unheard of.

 

Yes, K1s are taking longer than usual.

 

You are more than half way of the process so better to waiting it out.

 

Patience is key.

I say we are borderlining because there are people with very similiar case structures at a year and still waiting. Not to be pestimistic, but I have a feeling ours will be the same with the generic answers. If it does get to a year, do I still wait it out? That's the question. 
 

1 hour ago, JFH said:

You’re not even at 9 months yet (but you will be next week). Looking at current trends, it’s not that far off the mark. 

 

If you were to start over, you’d still be dealing with USCIS, who you have found to be rude (that was never my experience so I’ll say it was just bad luck, maybe?) and a lawyer will not speed things up or improve your chances of being approved. 

Bad luck must run deep in our roots then haha, we've had horrible people every time. 
 

1 hour ago, missileman said:

One more thing:  For a straight forward case, an attorney mean nothing but added, needless expense.....In our case (as straight forward as a case can be), I feel the attorney's negligence caused us a 12 week delay.

Wow, I'm very conflicted on seeking advice from a lawyer now. The whole system is blotched. 

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What do you think a lawyer would do for you that you can't do yourselves? 

From the outside, I do not see why you would need the assistance of a lawyer since your application seems to be processed normally so far, but maybe you know your situation requires legal help.  

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Getting married starting all over puts you at the back of the line and a 10 to 12 month wait soo you gain nothing. I know a few K1' waiting so wait you must it's actually normal processing.

 

Hang in there it will come. Just be ready to run like the win when you get that approval.


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13 minutes ago, Lemonslice said:

What do you think a lawyer would do for you that you can't do yourselves? 

From the outside, I do not see why you would need the assistance of a lawyer since your application seems to be processed normally so far, but maybe you know your situation requires legal help.  

Absolutly nothing for our K-1. But if we decide to withdraw I thought getting a lawyers help for the CR-1 might be a good idea. 

 

6 minutes ago, dwheels76 said:

Getting married starting all over puts you at the back of the line and a 10 to 12 month wait soo you gain nothing. I know a few K1' waiting so wait you must it's actually normal processing.

 

Hang in there it will come. Just be ready to run like the win when you get that approval.

The 7-14 month average tells me nothing, but we've done everything in our power to get answers. We have no choice but to wait but at this point being backtracked another 12 month feels more accomplishing than waiting with no purpose lol   

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7 minutes ago, Orientalelf said:

Absolutly nothing for our K-1. But if we decide to withdraw I thought getting a lawyers help for the CR-1 might be a good idea. 

 

The 7-14 month average tells me nothing, but we've done everything in our power to get answers. We have no choice but to wait but at this point being backtracked another 12 month feels more accomplishing than waiting with no purpose lol   

I hope you get your approval very soon.  I don't think an attorney would be worth the expense for a CR-1...especially since you would have already forfeited your K-1 fee........but there are advantages to a CR-1 for many couples.  I am not advocating that you should withdraw your current petition, but this is my analysis:

K-1

More expensive than CR-1    
Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
Spouse can not work until she/he receives EAD (approx 5-6 months)    
Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
Spouse will not receive Green Card for many months after Adjustment of Status is filed.

 

CR-1    
Less expensive than K-1    
No Adjustment of Status  (I-485, I-131, I-765) required.    
Spouse can immediately travel outside the US    
Spouse is authorized to work immediately upon arrival.    
Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
Spouse has legal permanent Resident status IMMEDIATELY upon entry to US. 

My Final Analysis:  If you can marry your fiance in his/her country or outside the US, CR-1 is a much, much better option


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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You might as well wait it out. If you cancel the K-1 and file for the CR-1 you will start the wait all over again (another one year plus). While many attorneys will promise you the process will be faster with their help that is not true. No one can bump you to the head of the line, not an attorney, not your congressman, (unless you have a legitimate expedite reason). 

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