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MarioBG

Massive delay K1 Visa processing

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Hi everyone,

 

I have Spanish nationality but at the moment (since 2016) I'm living in Bristol (United Kingdom). More than one year ago, my partner (from and living in San Francisco, California) and I decided to get married. Then, my fiancé submitted the K1 Visa in May 2018, requesting that it be managed through the Consulate in London as I am registered there as Spanish citizen in the UK. A few days later, we received the confirmation that this application (I-129F) was received by the USCIS California Service Centre in Los Angeles.

 

Ever since, 15 months later, this application hasn't been approved yet. We haven't received any proper feedback from them (not even RFE) that explains this massive delay of our petition. We've sent monthly enquiries for updates of our case always receiving the same answer "background checks still ongoing", with no further explanation.

 

My fiancé has also contacted her corresponding Congresswoman, Vanessa Lee, for further information, with no success and no other than the same answer again "additional research is required". Our lawyer, who assured us that the details we sent together with our application was more than enough and complete, hasn't either provided us alternative solutions or information that explain this delay.

 

We are desperate as we don't really know what's going on with our application. We haven't found any explanation and, thus, we don't know what to do in order to accelerate this process. Apart from that, if I'm not wrong, the USCIS CA Service Centre doesn't accept walk-in visits unless they require us to, so there isn't any efficient way to communicate with them for a better understanding of this delay.

 

Any help, suggestion, information or assistance will be hugely appreciated in order that we understand what's going wrong with our application.

 

Thanks in advance!

 

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Your fiance or the attorney can call and/or email USCIS and submit an official inquiry............not much more can be done....


                    "What I am to be, I am now becoming"-  Benjamin Franklin     

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Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

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
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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Posted (edited)

Withdrawing and re-submitting a new petition (I-129F or I-130 if you get married first) will not bypass security checks. There is a significant risk of just resetting the clock by doing so.

 

I don't normally suggest this, but since it's in possession of USCIS and it has been an extended period of time, you might want to ask your lawyer if a Writ of Mandamus (WoM) is appropriate.

To be clear: if the issue is really background checks, a WoM will not bypass it. There's no bypassing of security checks. If the case has been lost, misplaced, etc., then it can compel them to get their act together and make a decision.

 

Edit: Also, did you reach out to the ombudsman?

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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I would have your fiancé attempt an inquiry through the ombudsman first, then if nothing is done follow @geowrianadvice.

 

Good Luck!

 

https://www.dhs.gov/case-assistance


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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37 minutes ago, geowrian said:

Withdrawing and re-submitting a new petition (I-129F or I-130 if you get married first) will not bypass security checks. There is a significant risk of just resetting the clock by doing so.

I was thinking more along the lines of it might get sent to a different processing center.

 

Some USCIS office (Vermont) are just plain garbage w/r/t processing time.  

 

Reset the clock?  Maybe... but IR-1 is cheaper and 'faster' when you consider the time K1s need to wait to AOS.

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