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

[usmsbow 795]

So you're almost at the NOA2 stage, but you're considering going back to step 1 for a CR-1? And therefore guaranteeing you another year long wait? interesting thought process... 

[C&AH 104]

5 hours ago, Orientalelf said:

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. 

 

My opinion is that you should wait because you are approoaching the 9 month mark, which means you might be hearing something soon. Keep in mind that USCIS is the longest and most difficult phase to endure. After you pass that mark, everything begins to move faster.  If you start over, you are looking at another year. 

[Michael2017 368]

It is getting frustrating but hang in there girl.

[debbiedoo 2,339]

plenty of valid reasons to switch but for this? no.

 

odds are (and im sure its been said) you will be getting an approval (or SOMETHING soon). To cancel it now, youd have to start the CR1 process, which can take upwards of a year. And if your K1 is being help up for background checks (which seems to mean nothing but be a catch all phrase), its likely the SAME thing would happen with the CR1.

 

patience you must have.

[payxibka 10,044]

6 hours ago, Orientalelf said:

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. 

 

What is the importance of same surnames?

[JFH 12,189]

Wait times can be completely random. Back in 2016 when we were waiting for our I-130 to be approved, Nebraska was approving petitions for Filipino beneficiaries in less than 30 days - all because of a typhoon that happened 2.5 years earlier and a USCIS policy to give priority to people from the Philippines, regardless of whether they were directly or indirectly affected by the typhoon or not. 

 

https://www.uscis.gov/archive/uscis-reminds-filipino-nationals-impacted-typhoon-haiyan-available-immigration-relief-measures

 

Meanwhile our petition took 5.5 months to be approved. That might not seem like a long time now (but back then the NVC stage as considerably longer than it is now, as @missileman will also recall). And you can imagine how it felt for us, seeing people who filed at the same time as us being approved in less than 30 days and we waited 5.5 months for the I-130 approval, and all because of the beneficiary’s location. Back then K-1s were taking around 90 days from NOA1 to interview. It is what it is. All we can do is wait patiently because one day this will all be a distant memory. 

 

I would also recommend not calling USCIS regularly. The phone handlers cannot tell you anything as to when you will be approved or what is going on with your petition. I believe calling USCIS only makes people more frustrated. I’m thinking that this “rudeness” people report is merely frustration that the phone call did not yield the desired information. 

[ThomasNC1988 762]

2 hours ago, JFH said:

would also recommend not calling USCIS regularly. The phone handlers cannot tell you anything as to when you will be approved or what is going on with your petition. I believe calling USCIS only makes people more frustrated. I’m thinking that this “rudeness” people report is merely frustration that the phone call did not yield the desired information. 

Say that 1000 more times and loudly. I'm not sure that anyone has ever gained any real information or movement by calling USCIS about a pending petition in the time that I have been around VisaJourney.

[Unshakable Faith 493]

Have you spoken with anyone in Tier 2 or just the CSR at USCIS?

[Orientalelf 50]

Thanks for your comments everyone. I understand that the general consensus is to wait it out and that the uscis procedure will be long and irritaing for both types of visa. We're going to wait it out and perhaps reconsider if it gets over the year mark. 

 

In terms of calling, we don't call all the time. We have called maybe 4 times with either a reference e-mail OR assigned number. None of the reps know what they're doing, some of the same people who assigned us referal numbers told us they had no memory of it. If that isn't fustrating, I don't know what is.    

 

Whatever the case, I know people who are still waiting longer, so here's to the long wait. 

[Orientalelf 50]

2 minutes ago, Unshakable Faith said:

Have you spoken with anyone in Tier 2 or just the CSR at USCIS?

They refuse to transfer us, even with all the BS referal numbers and Senator inquiries we've made. Any answer would be good. 

Edited December 2, 2018 by Orientalelf

[Unshakable Faith 493]

3 minutes ago, Orientalelf said:

They refuse to transfer us, even with all the BS referal numbers and Senator inquiries we've made. Any answer would be good. 

They really shouldn't be refusing to send you to tier 2... One tried with me and I just repeated that "I would like to speak with tier 2 please." 

Edited December 2, 2018 by Unshakable Faith

[belinda63 2,981]

I just don't understand that with all your frustration with the process why you would want to start all over again.

[Orientalelf 50]

14 minutes ago, belinda63 said:

I just don't understand that with all your frustration with the process why you would want to start all over again.

We all have our valid reasons, I don't think mine need to be paraded but we have gotten no answers and so that makes up feel hopeless. I'm sure we've all been there. We could be waiting a year, over a year with still nothing? But if we get married, that's an accomplishment in itself. We have the option of going to the UK too, not just the States. Anything is better than waiting for nothing. But like I mentioned above, we're going to wait it out and see what happens. At least till the 1 year mark. 

[Sandy05 24]

Our NOA2 took 10 months to get, without an RFE or anything. We were a straightforward case too, but it took them a long time to finish the security checks. We are still waiting on his interview in three weeks and we applied Nov 14, 2017. You are out of normal processing times but everyone these days seems to be in the same boat. I would wait it out. I know people who went the CR1 route and it took them 2 years. Not worth it at this point to withdraw the petition and start all over. And unless you have criminal convictions or some sort of major red flag in your application, I wouldn't waste money on a lawyer. Ask your senator to do a congressional inquiry on your behalf. At this point that is the only thing you can do, that and wait it out. 

[Diane and Chris 651]

13 hours 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.

Same here. We got an RFE because of our attorney. He submitted papers without the proper signatures. It added at least 8 weeks extra to the process. Hopefully, they can stay calm and things will happen soon for them.