K1 visa pending for over 3 years (split topic)

[Christopher H 0]

We started our K1 Visa February 22nd 2018 just over two years ago. About 10 months into this time our case was transferred from California to the Vermont office of Doom. I live in California my fiance lives in Brazil. We'd have made inquiries about our case being outside the normal time to USCIS through phone and also through the USCIS website and have gotten the response our case is on processing hold because there is an ongoing pending security check. I have contacted my congressman and his office contacted USCIS and they gave him the same answer I even took a long shot and wrote the White House yes I sent a letter to President Trump, the White House actually answered me and they contacted USCIS via email and would you believe USCIS gave them the same exact answer that they gave me. Since my fiance and I are not living together it has become an extreme financial burden to constantly fly to Brazil every 4 months to maintain our relationship. I also have personally been a victim of the campfire and am in the process of rebuilding my home so dealing with all this and having to start my life over again has been very challenging mentally. At least I do tree work and there is lots of tree work here so financially we are okay but it is extremely difficult being in the United States alone at this point in my life. She has had to watch all this from afar and it is extremely difficult on her you're not be by my side in my time of need. She absolutely is the love of my life and every moment that I'm away from her seems like a wasted moment of life. So we're about 2 years 1 month into this Visa Fiasco and I want to know if there's any other options to bring her to the United States legally. I am willing to wait another year obviously I will wait forever but it's hard on me and it literally seems like it's pointless for it to take this much time. I read how this other couple was able to wait out USCIS and after 3 years 1 month, they were approved. This seems like such an outrageous Injustice that it would take that much time, is there anything that can be done. I know that there is the option of hiring a lawyer to take them to court but I do not feel like this is a good option since they can just say no we are not approving you. Is there any of the other agencies I can contact that have control over USCIS that can move things along or at least get some answers different than the answers I've been hearing for the last 2 years? Any suggestions that are real suggestions and not just simply guesses would be extremely appreciated thank you for your time

[Hank_ 9,174]

Get married and file the I-130 for a spouse visa

[HTMW 378]

10 hours ago, Christopher H said:

We started our K1 Visa February 22nd 2018 just over two years ago. About 10 months into this time our case was transferred from California to the Vermont office of Doom. I live in California my fiance lives in Brazil. We'd have made inquiries about our case being outside the normal time to USCIS through phone and also through the USCIS website and have gotten the response our case is on processing hold because there is an ongoing pending security check. I have contacted my congressman and his office contacted USCIS and they gave him the same answer I even took a long shot and wrote the White House yes I sent a letter to President Trump, the White House actually answered me and they contacted USCIS via email and would you believe USCIS gave them the same exact answer that they gave me. Since my fiance and I are not living together it has become an extreme financial burden to constantly fly to Brazil every 4 months to maintain our relationship. I also have personally been a victim of the campfire and am in the process of rebuilding my home so dealing with all this and having to start my life over again has been very challenging mentally. At least I do tree work and there is lots of tree work here so financially we are okay but it is extremely difficult being in the United States alone at this point in my life. She has had to watch all this from afar and it is extremely difficult on her you're not be by my side in my time of need. She absolutely is the love of my life and every moment that I'm away from her seems like a wasted moment of life. So we're about 2 years 1 month into this Visa Fiasco and I want to know if there's any other options to bring her to the United States legally. I am willing to wait another year obviously I will wait forever but it's hard on me and it literally seems like it's pointless for it to take this much time. I read how this other couple was able to wait out USCIS and after 3 years 1 month, they were approved. This seems like such an outrageous Injustice that it would take that much time, is there anything that can be done. I know that there is the option of hiring a lawyer to take them to court but I do not feel like this is a good option since they can just say no we are not approving you. Is there any of the other agencies I can contact that have control over USCIS that can move things along or at least get some answers different than the answers I've been hearing for the last 2 years? Any suggestions that are real suggestions and not just simply guesses would be extremely appreciated thank you for your time

You should really fill in your timeline here so others can follow your story.

 

Submit a congressional inquiry - that sparked movement in our case. I spent far too much money on an attorney during our own battle while we were pending security checks - they didn't do anything other than what I was already doing (submitting an inquiry at USCIS every 30 days). A writ of mandamus action is very costly and as I'm sure you've already researched - not a certain approval would await you. A writ of mandamus action would also entertain another waiting period. This forum here will afford you much more education about this process than a highly experienced attorney would imho.

 

I'd go with the congressional inquiry and if after 60 days you are still waiting; perhaps you should think about withdrawing your K1, opting to get married and subsequently file the i-130.

 

 

[elkski 30]

SORRY  to hear about such a delay...  I think the OP says he has contacted his congressman successfully with no benefit. Why would they transfer this case out of California?

Are there any reasons to explain some extra security scrutiny in your case? 

I am currently wondering if the corona virus may end up affecting the service centers time lines in the next 6 months. .

[HTMW 378]

2 hours ago, elkski said:

SORRY  to hear about such a delay...  I think the OP says he has contacted his congressman successfully with no benefit. Why would they transfer this case out of California?

Are there any reasons to explain some extra security scrutiny in your case? 

I am currently wondering if the corona virus may end up affecting the service centers time lines in the next 6 months. .

I think the OP should CONTINUE to contact regarding a congressional inquiry as it wasn't mentioned when that completed.

 

Cases get transferred to other service centers for a myriad of reasons and not all bad reasons - the most common reason in my experience is due to backlogs. 

 

If the congressional inquiry results in another vague statement mimicking the USCIS general responses, perhaps the OP should then consider a WOM action or withdrawing their K1 and opting for the spousal visa route. I made congressional inquires a year into waiting to no avail - it was when I made further congressional inquires later into the wait into the process when it resulted in movement. Everyone's own mileage varies. It's a situation that's incredibly difficult to navigate through emotionally.

 

Coming from experience, and waiting a total of 755 days from k1 filing to when my (now husband) finally arrived with VIH - I have a colossal amount of empathy as I've been in the OP's shoes. They are not easy shoes to walk in. You're just a few weeks into the waiting process @elkski - wishing you don't experience what this person is living, and what many others have had to endure.

 

In regards to the coronavirus, USCIS's Seattle office has closed  temporarily - I imagine their case loads are being transferred to other service centers. More may close, it wouldn't be surprising if a backlog ensues. USCIS also published this on their website: https://www.uscis.gov/about-us/find-a-uscis-office/if-you-feel-sick-please-consider-canceling-and-rescheduling-your-uscis-appointment

 

Good luck @Christopher H, please feel free to message me.

 

 

 

 

[elkski 30]

755 days.... i cant imagine.  How can this happen?   Seattle office closed? fuddle smuck... i just got into the CA que so if they transfer older cases i am screwed

[HTMW 378]

23 minutes ago, elkski said:

755 days.... i cant imagine.  How can this happen?   Seattle office closed? fuddle smuck... i just got into the CA que so if they transfer older cases i am screwed

I know - it sucks. We have very little control.

 

I’m hoping you get your approval in the coming months; just be patient - you got this!

 

 

[SalishSea 18,419]

I have never seen a K-1 transferred from the CSC due to backlog.  I have only ever seen them transferred to VSC for the other reasons mentioned.  Spousal visas, OTOH, are transferred for workload purposes all the time.

[Christopher H 0]

I'm curious what is the longest somebody has waited for the K1 Visa in this situation and it come through and be approved. I have searched the internet and have not found anyone that was put off for more than 3 years. The above noted Visa that took 3 years 1 month makes me think that play saw that 3 years went by and then took a month to process it. In my heart I feel like our papers are just in a file somewhere on a desk not even being patched nothing happening with them because even if you read one word on each page a day, they probably could have read through it twice by now JK, but everything taking years to get done with paperwork is obviously not being given any kind of priority. So that's why I am curious to see if any other visas has gone longer than three years to try to give myself a little bit of president or something to look forward to saying OK it shouldn't be more than three years

[Villanelle 4,122]

Do you have a criminal background/record? Ever been arrested/charged with something?  I only ask because VSC is the 'special' service center. Any petitions that are suspected of being AWA are routed to VSC. For those cases extended never ending admin processing is normal... followed by a denial. Have you been asked to do biometrics?  Have you traveled internationally to any of the countries on the ban list or otherwise have any ties to such?  Because of what you posted- 'ongoing pending security checks' its hard to guess what time frame you are looking at or what the issue could be. So Im just throwing things out there.

 

Its important to also note that pending security checks have NO time frame. No one can speed it up. Part of the problem is many records are actual paper files that need to be shipped around from person to person as needed. In the background check they look for anything under your name, variations of your name, phonetic name, etc. It covers any records where you were the subject and even those where you are simply named in any capacity. Also getting married and filing the 130 (or withdrawing and refiling another 129f) sometimes helps- other times it doesnt. The checks have to be completed in order to proceed so refiling doesnt change that, its more like if your computer gets stuck so you reboot hoping it wont get caught on whatever glitch again.