Crazy Cat

I think the issue causing the extended Administrative Processing is the ceremony. Seems, to me, it shouldn't take much longer to make a decision.

An approved I-129F expires after 4 months. The consulate has the discretion to extend them for 4 month increments up to a year. Sometimes, they just let them expire. There is no appeal.

I know. My point is that, you might face another round of extended AP with a CR-1. However, after re-reading your first post, I think it is clear that the issue is the ceremony. That is something we always advise members to avoid. I completely understand your frustration because there is a real possibility that the K-1 will be denied......due to being too married for a K-1. I think you will get a decision soon. I would probably wait another couple of months before making a final decision to marry. Or, as @Boiler said, you could sue them for a decision (which could go either way). Good luck.

Marriage will not solve the Administrative Process delay for a CR-1. Marriage would force you to start from scratch again. What is your fiance's country of origin?

There are even cases where people received a new Green Card after their oath ceremony....LOL.

You are still a legal resident with or without the 10 year card. There have been multiple cases where members traveled without issue. I have never heard of anyone having problems using the expired Green Card and extension letter in this situation. The official CBP carrier guide allows airline boarding with the expired Green Card and unexpired extension letter. It even allows boarding with an expired 10 year card. Realistically, the word "difficulty" doesn't mean "barred from". Anyway, my rationale FWIW.

***Personal info removed from OP comment***

I believe she meant to say to speed up the I-130.

Our combo interview was at Dallas, too, in late 2022. However, my wife received a letter about a week later which stated she would NOT receive a 10 year card since her N-400 was approved.

She can still travel on the expired Green card and extension letter or the 10 year Green card until the oath ceremony. At the oath ceremony, she will surrender both of them. She will need a US passport to travel after the oath ceremony.

That is inaccurate. A Joint Sponsor has exactly the same income requirements and obligations a primary sponsor. Both the primary sponsor and joint sponsor are independently and equally obligated. Numbers look OK to me....but I am not the consulate officer.

This K-1 flowsheet might be helpful: I agree with @Boiler. Early marriage is better.

Ideally, you need proof of filing....which would be the USCIS I-797 for receipt of the I-485.

It is highly recommended to file the I-485 package prior to the end of that 90 days....as on day 91, the K-1 visa holder is out of status and subject to deportation. Marriage to a US citizen gives no rights to remain in the US. As of right now, once the applicant submits a PROPER I-485, they are granted authorized stay until the I-485 is adjudicated via a DHS policy. That policy could change. With this administration, anyone without clear status in the US is subject to increased scrutiny.

That is a standard note from NVC when taxes appear low...which is meaningless. The Consulate Officer is the sole authority for visas. The last thing you want is to confuse the consulate officer. That is why a single, well-qualified joint sponsor is better than throwing family members in the mix. To answer your question: A joint sponsor's income and qualifications must be (and are) considered separately as an independent sponsor.

You are still very early. My neighbor's case too several months after they sent an RFE reply.

Separate. A person who enters the US via a K-1 visa is given a 90 day stay.

The time for obtaining a Green card is not faster via a K-1. Is she aware that she will not be able to cross the border for up to 9 months after submission of the I-485 (with approved advance parole) or until she receives a Green card? In the past 9 nine years, I have seen many K-1 couples who now wish they had gone the spousal visa route. I have seen no spousal visa couples say they should have gone the K-1 route. It's your choice....Good luck.

Current income is king....not what was reported in past years. Why get a joint sponsor or household member at all?

No, imho. If she really needed a joint sponsor, the brother should have completed an I-864 as an independent joint sponsor, not as a household member (since his income is sufficient alone). An independent joint sponsor (I-864) is better than a household member completing an I-864A, imo.

You could marry while she is in the US, then start the spousal visa process either before or after she returns to Canada. You can continue to visit during the process.

If you can visit each other so frequently, why are you going the K-1 route? Many people here (myself included) believe the CR-1 is the superior visa. 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 (up to 9 months) Spouse can not work until she/he receives EAD (up to 9 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 K-1 entrant cannot file for citizenship until after having Green Card for 3 years. Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises. If US spouse declines to participate in Adjustment of Status, the foreign spouse will have a very difficult avenue to legally remain in the US. Current Presidential executive order (travel bans) don't allow K-1 visa holders from some countries to enter the US. CR-1/IR-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. The clock for citizenship filing starts immediately upon entry to the US. A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. Current Presidential executive order (travel bans) exempt immediate relatives of US citizens.

Here is a link to such a case:

Yep. Nothing you can do except wait (as is the case through the entire process). As you said, there is, at least, activity on your case.

It is rare that a petitioner is scheduled for a biometrics appointment. Personally, I can remember only a very few cases (maybe 3) over the last 9 years I have been here on VJ.