We just applied for K-1, are we really looking at 26 months?

[Nuba 57]

40 minutes ago, Steve & Erma said:

I'm just going to throw this out there even though you have said it won't work for you.

 

The Utah online wedding is simple. You get a license, set a date within 32 days of getting the license, you both get on the zoom call at that date and time (you can be in separate countries as long as you can get on the zoom call), the officiant they provide marries youb in minutes (took us all of 15 minutes from start to finish), and in about 10 minutes you get the electronic marriage certificate and in a week you get the paper copy. I'm the eyes of the United States you are now husband and wife. Fly to wherever you can both meet up and "consummate" the marriage (take lots of pictures). Fly back to the USA and file for the spousal visa.

 

I don't know what the laws in Japan are about marriage but none of that applies in a US wedding. I married a Filipina and we have to report the marriage to the Philippines government only so she can legally change her name there. We just got married on 9/14. Hope this

One thing my lawyer pointed out when I asked about Utah marriage.  Although USCIS doesn't considered you to be married for immigration purposes until you meet in person to "consummate" the virtual marriage, other state and local agencies do consider you married as of the date of the ceremony. In particular the IRS does, so don't overlook the tax filing consequences.

[Steve & Erma 33]

13 hours ago, Nuba said:

One thing my lawyer pointed out when I asked about Utah marriage.  Although USCIS doesn't considered you to be married for immigration purposes until you meet in person to "consummate" the virtual marriage, other state and local agencies do consider you married as of the date of the ceremony. In particular the IRS does, so don't overlook the tax filing consequences.

Is that a good thing or bad thing I am going to be filling joint taxes this year? Do I somehow have to figure out how much she make with her little cake business that she barely makes any money with?

[Crazy Cat 39,694]

19 hours ago, Nuba said:

Although USCIS doesn't considered you to be married for immigration purposes until you meet in person to "consummate" the virtual marriage,

Just to add:  After consummation, USCIS, also, will consider the marriage legal as of the date on the marriage certificate. 

[Nuba 57]

6 hours ago, Steve & Erma said:

Is that a good thing or bad thing I am going to be filling joint taxes this year? Do I somehow have to figure out how much she make with her little cake business that she barely makes any money with?

It really depends n your individual situation.  Best to consult with a tax advisor.

[FianceeInBrazil 1]

On 9/12/2022 at 6:05 AM, Crazy Cat said:

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   
 

Things sure have changed

 

When we did our K1 it was the opposite.  But in my case as well as the OP the bureaucracy of getting married in her country is what told us to do K1.  But we did not have the backlog that exists now. Now it is much shorter and easier for spousal.

 

My wife had parole and work permit 6 weeks after marriage and initial green card 3 months after marriage.  You do not see those numbers now since the pandemic.

 

 

[Lynxyonok 316]

On 9/27/2022 at 10:52 AM, Lynxyonok said:

I wish I had a crystal ball for you

 

Let's wait for the Q3 2022 report. That's where we get to see if "4,000 new USCIS hires" were myth or reality.

Q3 report is up; processing delays went up by over a month.

 

https://www.uscis.gov/sites/default/files/document/data/Quarterly_All_Forms_FY2022_Q3.pdf

[Crazy Cat 39,694]

3 minutes ago, Lynxyonok said:

Q3 report is up; processing delays went up by over a month.

 

https://www.uscis.gov/sites/default/files/document/data/Quarterly_All_Forms_FY2022_Q3.pdf

They received 12,686 new I-129s, but they processed only 7,230 cases......  The backlog continues to grow.   They denied 38%???  Wow.

Edited September 29, 2022 by Crazy Cat

[Lynxyonok 316]

1 minute ago, Crazy Cat said:

They received 12,686 new I-129s, but they processed only 7,230 cases......  The backlog continues to grow. 

And U4U is interestingly omitted altogether. That program had to have impacted everyone else, but by how much?

[GinoNiña 178]

how about in the travel.state.gov website, monthly non immigrant visa issuance stats, when are they putting out for August?

[GinoNiña 178]

8 hours ago, Crazy Cat said:

They received 12,686 new I-129s, but they processed only 7,230 cases......  The backlog continues to grow.   They denied 38%???  Wow.

my noa1 is april 2022, according to this  chart the processing time is 12.9.

 

https://egov.uscis.gov/processing-times/. this  website tells me processing time is 14  months. Slightly off?

[Nikobe 129]

4 hours ago, GinoNiña said:

my noa1 is april 2022, according to this  chart the processing time is 12.9.

 

https://egov.uscis.gov/processing-times/. this  website tells me processing time is 14  months. Slightly off?

It is the Q3 report. We are at the end of Q4. Q4 will show 14 months.

Edited September 30, 2022 by Nikobe

[Nikobe 129]

16 minutes ago, Nikobe said:

It is the Q3 report. We are at the end of Q4. Q4 will show 14 months.

Based on 50,103 pending applications and assuming a constant rate of applications and processing, it takes the USCIS 6.9 quarters --> 20.8 months --> ~624 days to work through the pending applications if somebody is interested in this little number.

Spike to 8000 cases processed (daily 125) --> 6.3 quarters

Spike to 10000 cases processed (daily 157) --> 5 quarters

Spike to 15000 cases processed (daily 234) --> 3.3 quarters

 

The USCIS numbers are usually lower than the above as it is reported for median processing times for 80% of cases (that also makes sense because some cases are naturally/legally more complex).

 

Monday being the strongest day (alongside Friday) according to our fellow case trackers had 97 approvals in July 21 filers, 17 for June, 5 for May ==> 119 approvals. Considering that there is roughly 5% "easy" denials of new filers based on my 500 group (failure to comply with the simple regulations like paying etc.) => 200 cases per month, 7 per day, we can raise the number to 126 processed cases (+ X unknown cases from other months processed based on expedites/randoms) on the strongest day of the week (benchmark for what USCIS is currently capable of with the allocated workforce for I129F).

 

Therefore, it is fair to say that the USCIS is at 130 cases per day capability as per September --> ~6 quarters for 100% of the cases processed --> 5 quarters for 80%, which in turn is roughly 15 months. USCIS needs to get to Monday levels consistently in order to achieve this, however.

[biscoito1r 72]

14 hours ago, Crazy Cat said:

They received 12,686 new I-129s, but they processed only 7,230 cases......  The backlog continues to grow.   They denied 38%???  Wow.

I'm guessing the denied must be included rejected, withdrawn and denied cases.

[GinoNiña 178]

So when my case leave uscis and moves to nvc and eventually makes it to my local embassy, I have no more chance to track it? is that how it works?

[biscoito1r 72]

32 minutes ago, GinoNiña said:

So when my case leave uscis and moves to nvc and eventually makes it to my local embassy, I have no more chance to track it? is that how it works?

You may wanna check this out

https://drive.google.com/file/d/1nfin98c33IEpB0T0FlURERriblYmlm5O/view