K1 Visa Delays: So frustrated and disappointed, I don't know what to do

[Ecofolux2427 11]

I'm a US citizen and my fiancé is Chinese. We applied for the K-1 Visa back in September 2021 (yes we have confirmation that the California processing center received it in September 2021). It's been 11 months and it's still the same, no updates, no progression. I don't know what to do, I see some people from May 2021 still waiting. It's infuriating! I haven't seen my fiancé in 2.5 years. I almost want to bring her here on her valid 10 year tourist visa and "wait it out" here because who knows how much longer it really will be. The big problem I see with this is if she comes here, she will move out of her apartment. When they send a letter to her Chinese address for her interview, no one will be there to receive it. I don't know what to do and I'm getting to the point where I might snap. Is there anything else I can do besides just "wait"? Thanks for any input

[Verrou 1,962]

unless the case is outside processing time, nothing you can do beside " just wait"

if its outside processing time, then u can raise e-inquiry 

hang in there. 

[Crazy Cat 41,981]

14 minutes ago, Ecofolux2427 said:

When they send a letter to her Chinese address for her interview,

What letter is this?  Beneficiary doesn't get mailed letters as I recall.

Edited August 8, 2022 by Crazy Cat

[Rocio0010 5,579]

15 minutes ago, Ecofolux2427 said:

to bring her here on her valid 10 year tourist visa and "wait it out" here

I doubt they’ll let her in, considering she’s established immigrant intent..:

[Ontarkie 14,280]

She can visit but under no circumstances should she give up her apartment. She needs ties to her home country. She would be visiting not living with you.

 

[Ecofolux2427 11]

9 minutes ago, Crazy Cat said:

What letter is this?  Beneficiary doesn't get mailed letters as I recall.

I was/am under the impression that once we get past this first phase of the process, they will mail my fiancé a letter with the interview date/time on it. Then she goes to the US embassy in China and does her interview, passes it and then is granted her entry visa, then we have 90 days to get married. This seems incorrect to you?

[Ecofolux2427 11]

7 minutes ago, Rocio0010 said:

I doubt they’ll let her in, considering she’s established immigrant intent..:

You think they're aware of her trying to get married and wouldn't allow her entry on a tourist visa?

[Rocio0010 5,579]

2 minutes ago, Ecofolux2427 said:

You think they're aware of her trying to get married and wouldn't allow her entry on a tourist visa?

Absolutely.

And also, trying to get married and adjust status on a tourist visa is immigration fraud. And anyone telling you to do so here would be violating the Terms of Service.

[Ecofolux2427 11]

9 minutes ago, Rocio0010 said:

Absolutely.

And also, trying to get married and adjust status on a tourist visa is immigration fraud. And anyone telling you to do so here would be violating the Terms of Service.

Understood. We wouldn't be getting married on her tourist visa, she would just be visiting me because we haven't seen each other in a long time and we're uncertain whee our case will actually start progressing. But since there's a good chance she would be denied entry, I can't chance that

[powerpuff 6,734]

3 minutes ago, Ecofolux2427 said:

Understood. We wouldn't be getting married on her tourist visa, she would just be visiting me because we haven't seen each other in a long time and we're uncertain whee our case will actually start progressing. But since there's a good chance she would be denied entry, I can't chance that

You two can also meet in a third country and spend some time together. It would be good to meet before she has her interview as you have not seen one another in a very long time. Save boarding passes, etc from the trip 

[To_the_moon 94]

38 minutes ago, Ecofolux2427 said:

I was/am under the impression that once we get past this first phase of the process, they will mail my fiancé a letter with the interview date/time on it. Then she goes to the US embassy in China and does her interview, passes it and then is granted her entry visa, then we have 90 days to get married. This seems incorrect to you?

Once your petition is approved, you, the petitioner, will receive a letter from USCIS stating that your case will be forwarded to NVC for further processing. This process of "sending out documents from USCIS to NVC" can take up to several months, then another weeks, or months for the consulate in China to invite her to the interview. So you will definitely have enough time to prepare everything for the interview. Also, as mentioned, they do not send any physical mail anymore, everything is done via email on the petitioner side, your fiancé will track the progress using your case number. 

 

In addition, you know the timelines...14-15 months from NOA1 is a legitimate timeframe to expect. So just plan your or your fiancé's visit based on those timelines. 

Edited August 8, 2022 by To_the_moon

[beloved_dingo 1,979]

23 minutes ago, Ecofolux2427 said:

I was/am under the impression that once we get past this first phase of the process, they will mail my fiancé a letter with the interview date/time on it. Then she goes to the US embassy in China and does her interview, passes it and then is granted her entry visa, then we have 90 days to get married. This seems incorrect to you?

That is all done online/via email. She will not get a letter physically mailed to her address.

 

More info here (assuming this is the correct consulate): https://china.usembassy-china.org.cn/visas/immigrant-visas/fiancee-visa/

 

"After you have completed the steps included on the Fiancé(e) Visa Process , the National Visa Center (NVC) will conduct preliminary processing on your case.  Your case will then be forwarded to U.S. Consulate General Guangzhou for pre-interview processing.  You will receive a notification to complete the required visa application form (DS-160) and prepare the necessary documents.  Once your case becomes qualified for an interview, you will be notified to go to the visa application services website to schedule an interview."

 

[Ecofolux2427 11]

Thank you everyone for your input. I'm happy to hear they will contact me about further steps rather than physical email to my fiancé.

 

I spoke to a USCIS representative today and we're trying to escalate the case due to "humanitarian issues". I explained how China (a communist country) does arbitrary lockdowns/covid punishments and frankly how I'm worried about potential war over this whole US-Taiwan-China controversy.  I just want to get her out of China as quickly as possible.

[Rocio0010 5,579]

33 minutes ago, Ecofolux2427 said:

Understood. We wouldn't be getting married on her tourist visa, she would just be visiting me because we haven't seen each other in a long time and we're uncertain whee our case will actually start progressing. But since there's a good chance she would be denied entry, I can't chance that

She can always try and visit on her tourist visa, but her entry is at discretion of CBP

[Pleasework89 47]

1 hour ago, Ecofolux2427 said:

Thank you everyone for your input. I'm happy to hear they will contact me about further steps rather than physical email to my fiancé.

 

I spoke to a USCIS representative today and we're trying to escalate the case due to "humanitarian issues". I explained how China (a communist country) does arbitrary lockdowns/covid punishments and frankly how I'm worried about potential war over this whole US-Taiwan-China controversy.  I just want to get her out of China as quickly as possible.

I applied for an expedite based on those factors. As well as an expiring visa for us spouse to be with foreign husband and the fact that the US citizen spouse is living there with their shared young child....and was denied. MAYBE you might have better luck than I did.