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

[Je ni 0]

2 minutes ago, Crazy Cat said:

You sent your package to the lockbox in Texas.  All I-129f are processed in the California Service Center. 

yes it got transferred before we get our NOA1 we send an inquiry first because we haven't heard any response.
We just keep tracking our case that's what we've been doing.

[crobot 23]

13 hours ago, K1visaHopeful said:

The OP clearly indicated that the beneficiary would be giving up her apartment.

That would not be considered visiting. 

You full stop. 

There is no requirement that you need to have a lease back home to enter the US on a tourist visa. It would, by definition, still be a visit as his fiance would need to return home to complete the interview, medical, get all the local paperwork in order, etc. His fiance has been approved entry into the United States a visitor, and there is no legal reason why they couldn't visit and spend time with OP while they wait, as long as it is within the rules and guidelines laid out by the visa that OP's fiance already has. It is obviously up to the discretion of the border agent as to whether or not they're allowed in.

But if OP's fiancée has a return flight scheduled, and intends to fly back home (which again, they would need to do in order to complete the K1 process), whether they've "given up their apartment" or not is irrelevant to what's being discussed. They can visit for 30 days, or four months, or however long they'd like to visit within the rules of their visa.

 

4 hours ago, Bintou said:

Yeah she won’t be able to enter even she have 10 years they won’t let her in she will have to wait on the k1 

 

Again, this is not true. There's a massive thread here documenting folks who have successfully used a tourist visa to spend time with their partner while waiting for the K1 process to complete:

 

 

[Mel.King 23]

On 8/9/2022 at 2:50 AM, powerpuff said:

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 

I second this! Not only does it helps having the evidence that you met up during the wait, but it is great for your emotional and mental wellbeing. 

 

My husband is already in the US with our 2 children, and we have been apart 9 months now but met up during the Summer break in a third country. It was refreshing and wonderful to see them again, and gave us all strenght to continue the wait! 

 

Good luck with the wait....the waiting and unknown is for sure the worste part of the process.

[down n down 15]

On 8/8/2022 at 3:05 PM, Ecofolux2427 said:

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

I m April 2021 filers and I m still waiting to approve my NOA 2 ,Mine is almost 17 in September, You still have time unless you get RFE .

[rich rich 10]

On 8/9/2022 at 3:32 AM, 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.

Absolutely agree with this.  I had an immigration lawyer tell me to bring my fiance to the US (having already filed a I-129f months ago), wait until day 91, get married and apply with I-130 and adjust status as spouse.  Anyone heard of this NOT being immigration fraud?  Sounds a bit iffy, but could be a valid loophole?

[Crazy Cat 39,624]

10 minutes ago, rich rich said:

Anyone heard of this NOT being immigration fraud?  Sounds a bit iffy, but could be a valid loophole?

How does one day or even 90 days change the intent you had when entering the US?  Entering the US as a tourist with the intent to stay and adjust status is fraud.....regardless of how long you wait....

[rich rich 10]

21 minutes ago, Crazy Cat said:

How does one day or even 90 days change the intent you had when entering the US?  Entering the US as a tourist with the intent to stay and adjust status is fraud.....regardless of how long you wait....

As the lawyer explained it, 90 days is treated as de facto fraud.  USCIS automatically treats it as if you entered with intent to marry.  Beyond 90 days is not considered fraud automatically, but you do overstay your visa.  The cutoff used to be 60 days.

[Crazy Cat 39,624]

5 minutes ago, rich rich said:

As the lawyer explained it, 90 days is treated as de facto fraud.  USCIS automatically treats it as if you entered with intent to marry.  Beyond 90 days is not considered fraud automatically, but you do overstay your visa.  The cutoff used to be 60 days.

The lawyer is wrong. There is no 30/60/90-day rule for USCIS. As I said, how does the length of time change a person's original intent? 

[Lil bear 3,842]

4 minutes ago, rich rich said:

As the lawyer explained it, 90 days is treated as de facto fraud.  USCIS automatically treats it as if you entered with intent to marry.  Beyond 90 days is not considered fraud automatically, but you do overstay your visa.  The cutoff used to be 60 days.

There is no such” defacto fraud” before 90 days.. nor is there “ automatically not fraud” after 90 days. Urban myths.  At any and all stages of immigration the assessing officer can review everything already completed  .. including previous determinations .. and on the totality of evidence before them make the decision. Intent/change of circumstances etc are not “ check the box.. done”.. unfortunately. 

[rich rich 10]

Not the lawyer I talked to but:

 

https://myorlandoimmigrationlawyer.com/trump-administrations-new-90-day-marriage-rule-puts-green-card-applicants-at-risk

 

Under the 90-day marriage rule, if a foreign national enters the U.S. and marries a U.S. citizen or permanent resident within the first 90 days of being in the country, USCIS will presume the marriage to be a fraud and will deny a Green Card, claiming the applicant misrepresented his or her intentions in coming to the country. Prior to September 2017, such actions were at risk of being classified as fraud only if they occurred within the first 30 days of entry.

 

6 minutes ago, Crazy Cat said:

The lawyer is wrong. There is no 30/60/90-day rule for USCIS. As I said, how does the length of time change a person's original intent? 

I can see where they need to have the number of days as cutoff.  If someone comes to America and gets married at the airport chapel in Vegas (having made the reservation a week before travel), then I think you can presume they had intent to marry.

 

Like I said, it sounds iffy.

Edited August 24, 2022 by rich rich

[Crazy Cat 39,624]

1 hour ago, rich rich said:

Not the lawyer I talked to but:

 

https://myorlandoimmigrationlawyer.com/trump-administrations-new-90-day-marriage-rule-puts-green-card-applicants-at-risk

 

Under the 90-day marriage rule, if a foreign national enters the U.S. and marries a U.S. citizen or permanent resident within the first 90 days of being in the country, USCIS will presume the marriage to be a fraud and will deny a Green Card, claiming the applicant misrepresented his or her intentions in coming to the country. Prior to September 2017, such actions were at risk of being classified as fraud only if they occurred within the first 30 days of entry.

 

I can see where they need to have the number of days as cutoff.  If someone comes to America and gets married at the airport chapel in Vegas (having made the reservation a week before travel), then I think you can presume they had intent to marry.

 

Like I said, it sounds iffy.

There is no USCIS 90 day rule.  The 90 day rule applies to the Department of State.  USCIS officers are not bound to DOS rules.  Marrying within 90 days, itself, is not a determination or assumption of fraud unless other fraudulent activity is evident.   There are a LOT of ignorant attorneys out there.

 

90 Day Rule | Office of International Programs | University of Southern Maine

 

Edited August 24, 2022 by Crazy Cat

[rich rich 10]

48 minutes ago, Crazy Cat said:

There is no USCIS 90 day rule.  The 90 day rule applies to the Department of State.  USCIS officers are not bound to DOS rules.  Marrying within 90 days, itself, is not a determination or assumption of fraud unless other fraudulent activity is evident.   There are a LOT of ignorant attorneys out there.

 

90 Day Rule | Office of International Programs | University of Southern Maine

 

Wow, so many subtleties and differences in opinion.  

[Crazy Cat 39,624]

Just now, rich rich said:

Wow, so many subtleties and differences in opinion.  

Here is one I used to quote:

Can I enter on a visitor’s visa (B-2) and then adjust status to permanent resident? – Sound Immigration

[Quell 3]

If you bring your Chinese fiance here, she will not be qualified for a k1 visa. 

 

[Angied 7]

On 8/8/2022 at 3:05 PM, Ecofolux2427 said:

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

They are just now processing May and June of 2021, sadly the wait is very long I just got my approval recently. The only thing you could do right now is try to meet as much as you can. When the time is getting closer try to get a congressman involved. Best of luck!