Frustrated with Processing Times

[DorfMaster 0]

This may be a waste of effort, but I am curious if there is any faster way to get my spouse-to-be into the US and living with me, as she has been struggling financially. I studied as much as I could the differences between K1 and CR1 (with K3) and was advised by a friend that works in immigration that we should go K1 route. We filed our 129f at the end of July this year and it we got NOA1 that it was received on 1Aug2022 and had begun processing at the California center. The approximate timelines are pretty disheartening. My fiance is a Canadian citizen, if it matters any.  I was just curious if we had made a mistake and should have just gotten married over there and filed for the 130. I wasn't sure if there was any way for her to move here while waiting on this processing timeline, had we went the other route. I read that the Biden administration was going to work to get times down to 6 months, I don't know if there has been any change to be hopeful for though. Thanks!

[Mike E 11,723]

Switch to CR-1

[DorfMaster 0]

2 minutes ago, Mike E said:

Switch to CR-1

How will this help things?

[powerpuff 5,907]

With either CR1 or K1, your significant other cannot move to/live in the US while waiting for processing, that’s just not how it works. They need an appropriate visa to do so (CR1 or K1). Unfortunately, that’s what comes with having a foreign spouse/spouse to be that you need to sponsor.

 

As a previous k1 applicant myself, I’d advise to go with CR1 for the simple reason that they are currently taking about the same time and CR1 has many other benefits.

 

[Mike E 11,723]

Just now, DorfMaster said:

How will this help things?

Your alien partner will get a gc faster, versus being a 4th class member of society once the K-1 visa is approved. The K-1 route is frustrating to you now. Wait until your partner enters the U.S., marries you, and gets frustrated by:

 

* getting an SSN

 

* health insurance

 

* a drivers license

 

* a job

 

* not being able to travel

 

[Boiler 43,450]

Is she eligible for a TN for example?

[DorfMaster 0]

10 minutes ago, Mike E said:

Your alien partner will get a gc faster, versus being a 4th class member of society once the K-1 visa is approved. The K-1 route is frustrating to you now. Wait until your partner enters the U.S., marries you, and gets frustrated by:

 

* getting an SSN

 

* health insurance

 

* a drivers license

 

* a job

 

* not being able to travel

 

Oh really? What's the holdup with SSN or health insurance? I have heard about the job thing, having to wait longer before being eligible to work. She will definitely need health insurance if she's going to be unable to leave (and for how long?).

2 minutes ago, Boiler said:

Is she eligible for a TN for example?

TN?

[Mike E 11,723]

22 minutes ago, DorfMaster said:

Oh really? What's the holdup with SSN or health insurance? I have heard about the job thing, having to wait longer before being eligible to work. She will definitely need health insurance if she's going to be unable to leave (and for how long?).

You filed in July of 2022 and its October 2022, and you aren't up to speed on these issues. All the answers are in visajourney.com and you should read the applicable forums, wikis, and guides.

 

We did the K-1. It was a battle getting through each issue. I studied in advance and so knew what to do at each step well before I-129F was approved.

 

These issues are non issues if she enters the USA on a CR-1. Her passport and stamped visa let her work immediately, apply for an SSN, immediately, open a bank account, etc. The battles with red tape and bureaucracies are less intense.

[DorfMaster 0]

2 minutes ago, Mike E said:

You filed in July of 2022 and its October 2022, and you aren't up to speed on these issues. All the answers are in visajourney.com and you should read the applicable forums, wikis, and guides.

 

We did the K-1. It was a battle getting through each issue. I studied in advance and so knew what to do at each step well before I-129F was approved.

 

These issues are non issues if she enters the USA on a CR-1. Her passport and stamped visa let her work immediately, apply for an SSN, immediately, open a bank account, etc. The battles with red tape and bureaucracies are less intense.

Hmm. Alright. Still, that's even more annoying that these past two and a half months will have been wasted.

[SalishSea 16,776]

10 hours ago, DorfMaster said:

Oh really? What's the holdup with SSN or health insurance? I have heard about the job thing, having to wait longer before being eligible to work. She will definitely need health insurance if she's going to be unable to leave (and for how long?).

 

She can absolutely get health insurance, through you (assuming you have an employer based insurance you can add her to).

 

Did you not really research these visas before filing the petition?  K-1 requires adjustment of status in the US, which can take a couple of years.  To be able to work, she will need an EAD (work authorization), and to leave the US and be readmitted, she'll need AP.  Both of these are taking many months.

 

Suggest you stick around and educate yourself on these processes so that you can avoid pitfalls and delays.  Good luck!

[P055UM 259]

19 hours ago, DorfMaster said:

Hmm. Alright. Still, that's even more annoying that these past two and a half months will have been wasted.

Two and a half months wasted sure, but I’d argue that is still preferable to the 6-12 months she’ll wait for work and travel authorisation when here on a K1, and a possibly even longer wait for her GC. Or in other words, you’re not so far in yet that it doesn’t make sense to change, if you want.

 

As I K1 myself I can tell you that the fights with bureaucracy and waiting times within the US certainly are a challenge. 

[nschristiansen 1]

1 minute ago, Boiler said:

CR 1 is a visa and by definition is not issued in the US but by a Consulate

It is also issued in the US. And she went to the consulate there for the interview.. with her husband. All this happened in 2022 btw. And we did a lot of studying and researching and talking with the officials before we applied to CR-1. There are a few ways to apply for a marriage based visa by a consulate. Either you are living in the US with your foreign spouse or living in beneficiary's country. 

[DorfMaster 0]

1 minute ago, Crazy Cat said:

You are mixing up a spousal visa and adjustment of status.  You are confusing the OP with bad information.

I understand adjustment of status, but I don't think that that applies if she does not technically have a visitor/student visa, she's just a Canadian with a passport (I would love to be wrong if there's an easier way about this). I'm simply looking to find the fastest way to have her out of her apartment and living here with me, so we don't have to pay for two sets of housing.

[DorfMaster 0]

Is there any way I can just go, in person, and talk to an immigration officer to ask about everything?

[Crazy Cat 39,267]

3 minutes ago, DorfMaster said:

but I don't think that that applies if she does not technically have a visitor/student visa, she's just a Canadian with a passport (I would love to be wrong

You are wrong. Assuming she is already inside the US.

2 minutes ago, DorfMaster said:

Is there any way I can just go, in person, and talk to an immigration officer to ask about everything?

Why?  Visa Journey is the best source for accurate immigration information.

Edited October 15, 2022 by Crazy Cat