TempunAlex

7 hours ago, TBoneTX said:

Everyone reading here is referred to this thread, pinned in the K-1 Process forum and similarly in the CR-1 Process forum:

In addition to the above, bear in mind that the most experienced members are typically participating in a great many threads all across the forums, trying to be concise while openly providing advice gained from personal or forum experience.

 

If a response seems unnecessarily blunt, read it again, picturing a brotherly or sisterly or avuncular arm around your shoulders as the words in the post are spoken.  Doing this can restore the elements of "tone" that are routinely lost when words are merely typed.  If you perceive more helpfulness after reading the post in this way, then you have your answer as to whether the post was well-meant.

 

Everyone is invited to review the site's Terms of Service, found here:

http://www.visajourney.com/content/terms

If a post truly violates a provision, hit the "report post" button at upper right and explain your reasoning.

 

Folks, this legal-immigration process is dysfunctional at best and broken at worst.  The tension and frustration become unbearable, seemingly with no way to fight against it or relieve it.  Please remain unfailingly supportive of each other.  Remember that if you hold one pencil and snap it, it will break; conversely, if you hold a handful of pencils and try to snap them, they'll remain undamaged.  It's best to hang together through this journey.

Remember, too, that those of us who are finished with this infernal process are hoping and praying for your progress almost as intensely as you are.  You're not alone, and you're never forgotten.  Take comfort and find renewed strength in this.

Hi, I am going to compile a very very large list of links and or screenshots of hundreds of posts by multiple members that this does not and cannot apply to. They are plain just rude and condenscending in every aspect. Some even love to bold certain sections of their replies to make it clear they are being stern and bullying. That's the whole reason why I steered away from here after joining a few months back. I now see the owner has made himself present so maybe it would be nice to get input straight from him on how to address this and make the forum community friendly. 

If veteran members are stressed from answering a great many threads across the entire forum, they should simply take a break. There are absolutely no excuses as to why anyone should think they can reply to anyone else with a tone that undermines them and sometimes plain old ridicules them for everyone to jump in on and piggy back off of that behavior. I look forward to improvement and enjoying many topics across the board with fellow members moving forward and hope this greatly changes in the near future. 

5 hours ago, dwheels76 said:

Because being land locked and can't travel can be a big issue. Parents get sick, die, Family members need help. I have a close friend immigrated here he waiting for his Advance Parole. Parents died like 8 months apart it took 15 months year to get his AP and EAD card. And this was before COVID. It happens.

Some folk still have personal business to attend to. Some need to still fulfill their job requirements to be ab;e to truly immigrate. Many reasons why people need to travel and can't wait 6 months and such.

But to expect to be here in 9 months I doubt you would be done at USCIS by then. Depends on your service center and California just posted today 16 months for K1. And depending on your country you got a wait to start processing and who knows how far out your calendar is.

You're right, a lot of things can happen but as I stated before it's on a person to person criteria. 

My entire family lives in the US so I wouldn't have any need whatsoever to come back here after my arrival in the US. The USCIS estimate is based on a 80% over a span of 6 months. USCIS hired over 3000 employees in January and has since started processing cases not on a month to month basis but on a 40-50% done move to next month basis. This means that the spread among 4-5 months of processing has rendered their estimate system in place on their website useless. 

I am unsure if It's allowed to post external links here but here is a link to an excel spreadsheet we keep on "view only" mode for the mass public by data scraping case tracker every single day for changes in cases. We have exact dates on when cases were submitted, received, RFEd, and even Approved so we can accurately tell what the processing times are right now. Which is somewhere in the neighborhood of 13 months/14 months and dropping. The months of January and February specifically have way less cases than the rest of the year so in a matter of about 1-2 weeks USCIS will begin working on March/April 2022. 

https://docs.google.com/spreadsheets/d/1sN2bo1xZhs8oVU6-QDUdBXBX2_ci8_QJ0wiz59Gp6H4/edit?fbclid=IwAR0_dTQNIXl44Yc08XXDS-bLN6dXYcDAqEsHm2XpU1n9XngKSAnRaRSSDmU#gid=1603169151

Anyone interested just take a look at said link and save it for yourself to keep yourself posted. 

USCIS at current speed is completing nearly 5000 cases per month right now, with last week being somewhere in the neighborhood of 1200+ and this week possibly reaching that or exceeding it as well. 

I'm a data guy so I love keeping track of this kind of stuck and helping to provide accurate numbers. 

4 minutes ago, Crazy Cat said:

You haven't been around here long.  There are a lot of people who have valid (sometimes URGENT) needs to return to home country. Happens a lot. Good luck on your journey. 

You've been excellent, I've actually had you answer me in other threads before. The problem is when other people don't read the entirety of the thread and then post things undermining people's choices in the route they took for immigration without knowing why they did it. 

I wish there were more rules in place to prevent those type of discussions. I don't think I've been here long, probably only since October last year. I mostly lurk and read here and there.

Thanks btw!

14 minutes ago, Crazy Cat said:

Not exactly.

 

K-1        

•     More expensive than Immigrant Visa    
•     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

    

Immigrant visa

•     Less expensive than K-1    
•     No Adjustment of Status(I-485, I-131, I-765) required.    
•     can immediately travel outside the US    
•      is authorized to work immediately upon arrival.    
•      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.
•      has legal permanent Resident status IMMEDIATELY upon entry to US.

 

 

I think "Issues" depend on each individual. None of those listed would be an issue for us. Including filing more paperwork for AOS. I've always wondered why people find it an issue to not be able to travel for 8 months. What's the purpose of applying to go live in the US if you just want to travel outside the country immediately after getting into it to live with your partner. They're not really issues, they're more like small hiccups depending on the person.

Also I have a BoFA account in the US and it was very easy to open with foreign documentation through my fiance but I don't even use the account. 

Anyway, moderator may close the thread, I came here asking for 1 thing and it turned into something different completely. The forum is not very welcoming because of all the people trying to 1 up each other constantly in  posts. 

Hope the best to you all.

Just now, Boiler said:

End of the year may be optimistic.

It's not optimistic, I'm in dosens of K1 visa groups on facebook and other places where we have data miners. USCIS is processing over 1000 cases a week for the past 4 weeks. They're already going through Feb 2022 cases. We even have excel sheets with updates on % of cases approved per month and what is left. August 2022 is going to be processed sometime in July/August at this pace and NVC is taking no more than 45 days to process and send over to embassy (depending on embassy). There's not that many "Issues" with a K1 other than not being able to work until your Greencard is approved and mailed to you which is also dropping in wait time lately. Seeing most K1 filers get it in about 4-6 months. 

How come every time I ask a question in this forum, people start going off the rails trying to beat on others  saying "Oh that's bad, you shouldn't have applied to that" instead of actually just giving concrete answers to the questions asked. 

6 minutes ago, Crazy Cat said:

The F1 visa availability date is 01DEC14...a year or more longer wait than F2B category.

so Unmarried over 21 for Citizens falls under the F1 category? I didn't know that, I thought F1 was for students for some reason.

1 minute ago, Allaboutwaiting said:

Even if your K1 was approved before the I-130, you still have to go through NVC, medical exam, visa appointment and interview and visa approval.

And that would just grant you entry to the US.

 

Then you need to go through adjustment of status to be granted a conditional green card. And two years after approval you must go through removal of conditions.

 

Stick to the I-130 your dad filed. 

Right, but the priority date for NVC has been stuck in 2015 for a year now. That means that I would have probably a 2-3 year more wait before I can even travel to the US. With my K1 I'd be there end of this year and just waiting for my green card (Before anyone starts saying I can't work etc, We already know this and I have plenty of money saved to accommodate my lack of financial support to the household) 

If my Father were to become a Citizen would I get faster processing at NVC? 

Hello everyone I have a bit of a pickle here and need help figuring it out. 

In October 2017 my father applied for me through an I-130 for Unmarried son over 21. We made a case inquiry about it in 2021 and my father just received a letter stating our case would be expedited since it is now outside of normal processing time (been abou 66 months). I called USCIS and they indeed confirmed this and that we would have news within a week. 

Fast foward to 2022 and my fiance and I decied to apply for a I-129F (K1) in August. 

If my case were to get approved for the I-130 would I still have to wait a very very, very long time at NVC to get processed? or does getting expedited at USCIS for an I-130 also expedite you at NVC? 

I want to know because if that's the case it would be best to stick with the K1 for speed in processing rather than have to wait another 1-2 years more for NVC for my I-130.

My second question is, if my father were to change his status from PR to Citizen would that speed up the process at NVC in any way? He's been studying for it and might take the exam soon.

Any input is greatly appreciated!

14 minutes ago, pushbrk said:

I think you mean the folks submitted an I-129F for spouse after submitting the I-130.  K3 is not "submitted".  And then when you say they were approved, you must mean their I-130 was approved early or at the same time their I-129F petition was denied or closed in favor of the I-130.  Correct terminology is critical for understanding here.

If you want to be hypercritical of wording and condencending about terminology, sure that's what I meant. At the end of the day OP understood my post. I specify K3 as submission and not I-129F because I-129F is a general application for all the K categories 1 through 4. 

In the past 2 weeks I've seen roughly 20 people get approved (that posted about it) on FB groups from mid 2022 to late 2022 that submitted a K3 and somehow got approved. I don't know what the logic behind it is or how it's working but you have nothing to lose to submit a K3 after filing your I-130 and getting a case number. There's even a FB group that is for people that submit K3 forms every couple of weeks until I guess USCIS gets tired of it and approves them. They're free afterall.

On 10/31/2022 at 10:06 AM, jan22 said:

I would first ask for the source of the quote, as I don't believe it is from neither the State Department nor USCIS to see the context from which it was quoted.  It is, possibly, a mis-interpretation, mis-statement, or mis-understanding of the provision that allows a spouse and minor children to be issued derivative E-visas even if they don't have the nationality of the principal applicant/business entity.

Thank you for making this clear. 

Some of the rules written for quite a few laws regarding immigration can be a little complex and allow a margin for error in interpretation. I guess going down the E2 route is a no go. I'll just patiently wait for our turn to come up with the K1 and hope for the best. 

3 minutes ago, Mike E said:

 

You aren’t eligible  for a K-1 because you are married.  And if you keep going the direction you are going you risk a permanent ban for material misrepresentation . 
 

Cancel your K-1 process.  Start the IR-1 process. Forget about the E visa. 

I never said I was married, 

I could marry and go down a different route, I applied for a K1 since she's my fiance, I even just said in my last post she's my fiance.

7 hours ago, SusieQQQ said:

OP was asking if he could qualify for the E2 on cross chargeability rules (even though he didn’t phrase it that way) because his wife is a citizen of the US. Not sure what question you were answering. 

The why is because I am waiting on a K1 visa we filed a few months ago but I do have the capital to go through an E2 if I were legible but unfortuantely my country is not on the treaty list. I was not aware that the E2 would not allow me to change status and have immigrant intent down the road so this is definitely off the table. My fiance and I are planning on opening several businesses and It was just a thought. Thank you guys for your insight! Waiting patiently it is then for another 10 months or so haha.

56 minutes ago, Boiler said:

Treat countries are ones the US has a treaty with.

 

I do remember somebody who obtained an E1 who was married to a USC, needed a waiver that was available for a non immigrant but not a immigrant.

Do you have any idea what that waiver is? Would love to do more research on this and that seems like great help.

Thank you!

49 minutes ago, Boiler said:

E2 is a non immigrant visa, I am not sure what you mean about having a US Spouse, not an obvious or likely common situation.

There are 2 ways to qualify for the visa according to various sources including gov website. 

I will paste here what it says :

":Citizens of non-treaty countries can qualify to apply for an E-2 visa through one of two ways. Either by taking up the passport/citizenship of a treaty country or derivatively i.e. if the applicant investor is married to a citizen of a treaty country, they may be eligible to apply for an E-2 visa."

This means that if you are from a country that is not within the treaty but you are married to a person that is from a country of the treaty ou can still apply. What if your spouse is from the United States? Would that qualify since they are from the country of origin of the treaty? That is what I am trying to figure out.

Thank you!

Hey guys,

I've been researching online about the requirements for an E-2 Visa for investment.

For some strange reason there's absolutely nothing regarding having an American Spouse. The law for said visa states that the applicant must either be from a treaty country or have a spouse that's a citizen from any of the countries on the treaty list. However there is 0 information as to if having a United States Citizen as a spouse counts.

Can someone share some insight on this? 

Thank you!

34 minutes ago, Jorgedig said:

You are dispensing completely incorrect information.

 

Try 15-20 years.

 

And no, there is no 'expedite on the grounds of health needs' for ANY immigrant visa beneficiary, even if it was for an immediate relative.  There are no expedites whatsoever for family preference visas.

 

Please don't be so rude, would be nice for a friendlier answer like "Sorry man but that information is wrong, here is the correct information"

Why does it feel like everyone on this forum is trying to 1 up others and have a general negative demeanor towards everyone. My answer was based on data from this very website for F4 classes as well as USCIS. I do know that NVC is currently backlogged all the way to 2007-8 for F4 cases but again there's no need to be so hostil. 

Could you tell me if this screenshot from travel.gov is not evidence of health needs for grounds to expedite for immigrant visas for benficiaries? If so, i'd love to know more.

Thank you.

On 8/29/2022 at 3:29 PM, SincerelyMeike said:

My parents and I lived in the US since 1999 on an E2 visa as they have a company here but never had PR.

 

I was able to give my parents their PR through my K1 visa marriage after I became a citizen, so unfortunately they’ve only received their PR a little under a year ago. We just gathered all of our resources to be in a place to be able to apply for my brother now  

When did you become a citizen? You could have filed for your brother when that happened and he would be there by now. The wait is roughly 10 years for direct sibilings. You could also try to expedite the I-130 F2B after filing on grounds of health care needs, they will most likely approve it if you gather the right documentation.

I've been waiting for a F2B for 6 years almost. It will not take 7 years, it will take at least 9 years at the current pace. My case was submitted on November 2016 and they're still processing cases at NVC from August 2015. Even when they get to my date there is an additional 2 year wait or so until i get approved all the way. So my fiancee and I got tired of waiting and applied for a K1. Submitted July 2022 and expected to be approved by August 2023 or earlier if they keep on their promise to shorten wait times for I-129F filers. 

I would highly suggest asking him if he's willing to wait 9 years to migare to the US or if he's gonna get married, a nearly 20 year wait the way things are going. 

On 7/19/2022 at 10:19 PM, WaterLeaf said:

Hi. I'm the US Citizen who petitioned for my Husband as he is also from Uruguay for K1.

 

We went this expensive and time consuming route because we could. We aren't trying to rush anything other than being accurate with our case. I went with it because it help him learn more about the local information, laws, and other things for the area he plan to stay in Tennessee. Once the time is up we also went ahead and worked on filing out the other papers and have everything ready before sending them out on the day he could send them and reviewing everything like a few days later for fresh eyes and make sure we aren't missing anything. Yes, it take time but we were managing well. We did nothing to engage in illegal activity.

So I feel like I need to tell you again, nothing about getting someone into the US is fast. Even in Uruguay they have their own time frame and it can depends. Also, it take both of you to do this completely.

Hi, Nice to see someone from my home country doing this process. Could you explain what you meant by time is up? Do you mean the 90 days you have to marry after approval? 

I also want to make clear that I meant K-1 Visa being fastest for my specific situation. The reason I consider it fastest is because if we were to wait to get married first and file for IR1 it would take me over 2 years. My fiance cannot travel to meet me until sometime March Next year, this means that we would just start filing for a IR1 April and then from there have to wait the whole 13 months until approval. That puts the IR1 at roughly 20 months total vs 13 from us having filed K-1 (This past week actually). 

I wanted to read everyone's input on the matter as well as see if there were any alternative routes I was not aware of. I appreciate all the comments even though quite a few touch on points that don't have to do with me like being unable to travel or work. Those wouldn't be an issue for me at all. As for driving, that's also not that big of a deal to be honest, I can just uber or something if I need to get somewhere fast. 

Thank you to everyone!

5 minutes ago, Crazy Cat said:

Incorrect  You have 60 days.  You are confusing visitors with new residents (like you).

Please read again, the state law says that any foreigner on a visa (not permanent residen status, you are a visa holder while on a K-1 until you get your greencard) is allowed to drive lawfully with their legally obtrained foreign driver's license for up to 1 whole year upon entering the US.

16 minutes ago, Jorgedig said:

Another incorrect assumption.

 

strongly recommend you do some real research!

 

 All these wild assumptions could lead to disappointment at best, and delays and financial losses at worst.

According to New jersey state law I can drive with my foreign license for up to 1 whole year

7 hours ago, JeanneAdil said:

you say she can't marry as she can't travel to marry and that also leaves Utah online marriage out as she wouldn't be able to travel to consummate the marriage

Or live in SA with u as unable to travel there

 

SO K1 is the only way for u go go

 

understand a K1 can be denied especially if the USC and u have not spent quality time together

 

Also,  as a California resident , u have 10 days to apply for a California license as u would be a resident and not foreign visitor using International license 

 

The USC needs to read the guides to apply for the visa and be familiar with all the steps and documents and proofs needed to petition for u

This is what I also thought due to my circumstances. Thank you for your input.

7 hours ago, yuna628 said:

Firstly, an IDP or IDL is not used to swap out or trade for a license in the US. It is merely a document that translates your current foreign drivers license into English for authorities to read. You can drive on a foreign license only for a limited period of time as a visitor, but this changes when you become a resident of a state. Every state has their own license and ID system, most are tied to residency and the length of time you are a resident is important to trigger when you need to obtain an official license of the state. Let us estimate that in a state you become a resident of that state if you mainly reside there for 30-60 days (but some states are very short like 10-20 days). You would need to go to the city's DMV and begin the licensing process. Some states are more complicated than others. Some allow foreign residents to swap out their foreign licenses and undergo little training. Others, require the foreign driver start from scratch as a new driver would - which generally insist upon tests, a lot of hours, and classes. That is just one part of the battle though, because every state has their own DMV paperwork requirements for a foreign driver and new resident to obtain a license. They could be straightforward - such as immigration paperwork, birth certificates, and marriages certificates but also may include more complex items such as your name on an American utilities bill and bank statement.

 

Secondly, understand that when using the K1 route - you, the foreign spouse cannot work once you enter the USA until you file for AOS/EAD/AP and you have an approved EAD (work authorization) in your hands. You are also going to need to obtain a social security number, which can have their own complex issues cropping up (if you search around the forum), and will need health insurance (no not travel insurance). If you have business ventures in a foreign country, I would say using a K1 will not generally be the best route. A spouse visa will allow you to work upon entry a K1 does not.

 

At this point both options take a long time - and K1 is only half of the process because filing for AOS/EAD/AP and then green card is an additional long wait getting increasingly delayed. Even if you have an EAD, the immigrant can encounter obstacles to finding work (in an increasingly difficult work environment in the US) such as an employer that does not understand what an EAD vs a green card is. It was well over a year before any employer paid my husband interest and only until he had a green card. And yes, we did believe that K1 was the best path for us - but we had a great deal of savings on hand, had a plan for insurance, and had limited obstacles in obtaining his american drivers license. On the other hand, the wait for AOS documents was so long and went through so much of our savings because of it - ultimately a spousal visa would have work out better for us in the long run. But it is what it is.

I am aware I cannot work nor do I need to, even if I had to wait 2-5 years I would be more than okay with my foreign company earnings.

4 hours ago, ROK2USA said:

When is the last time you saw her? She was able to travel then but unable to now? How many times have you met and will she be able to travel to see you while the I-129F is pending? 

The CR1/IR1 and K1 timelines for Uruguay haven't been updated for a few years (last interview according to VJ was in 2019 for both categories). 

3 CR1/IR1s issued in May. 4 in April. 3 in March.  Monthly Immigrant Visa  Stats

2 K1s were issued in May.None in April. None in March. Monthly Non-Immigrant Visa Stats. 

 

If you really think the K1 will be quicker (especially if your partner cannot visit you for another 6-12 months) I would go the K1 route. You seem convinced this is the best option for you. 

Not sure if Montevideo has K1s as low priority or most US/Uruguay couples decide spousal visa is the better option. 

 

You can always file the I-129F now and if the waiting times increase revisit your decision when you and your partner decide to meet again and reconsider the spousal route. 

 

Good luck! The immigration process (K1 or spousal) is not quick or easy and can really test your relationship. I wish you the best of luck with your decision. 

The last time was this past February, however there's a lot of time constraints we're trying to see if we can beat like wanting to be there for our son's (I consider him my own) 8th grade graduation and many other things. That's the only reason I asked. The amount of people that apply here for K-1 and CR-1 is very low because most people usually go to America first, get married there and apply for both I-130 and I-485 consequently so it avoids the needs to come back here to the embassy (I know at least 15 people that have gone down this route).  The reason I don't do that is because I've been denied a B1/B2 since I have a pending I-130 through my father (He is a permanent resident and my whole family is in the US so no family here back in Uruguay) which has been a priority date of late 2017. Even if they were to ever get there and approve me I'd have another 2-3 year wait with the NVC so my fiance whom I've been for a couple of years now and I decided we'd go down the K-1 route. 

I know the CR1 could be faster or the same amount of time but like I said she is a single mother and there's a lot of things that play against her like:

1. Her ex not wanting to give permission for the kids to fly internationally all the time1

2. Her job having long hours and odd schedules 

3. Her already having had taken all her vacation days for this year in February. 

For those of you that say "You'll be disappointed" I know I won't because trust me, I've been waiting for an approval for almost 5 whole years on an I-130 F2B

Thank you for your inputs!

25 minutes ago, Timona said:

If you want to be together ASAP, stay with her in her country and file a K-1 or CR-1 and wait for it to be adjudicated.

 

I'd advise CR-1. 

I am the beneficiary and I explained above the reason we cannot do that. What is the difference between IR-1 and CR-1?

1 minute ago, MarJhi said:

Well I would tell you that you probably need to disregard anything you see on those apps and facebook groups. We got our NOA1 356 days ago and we are expecting to wait another 2 months minimum to receive the NOA2. 

 

Tamp down your expectations or you will be very disappointed.

Oh but we share our timelines as well as screenshots of NOA1 to NOA2 on our groups and subreddits. I do know that the philippines has longer wait times since you guys have a huge amount of applications versus countries that have way less applications like mine or even countries like Peru etc. I am not having insane expactations, I know it can take up to 13 months or so, just trying to figure out apart from the "Having a greencard upon entry" and "financial struggel" what else makes filing for an IR-1/CR-1 better than a K-1.

Hey guys,

I'm new here and I've been reading through the forum for some input from individuals on going the K-1 route. 

My fiance and I are just about ready to file for the K-1 this coming week. We're just wanting to make sure this would be the fastest route to be together. We've been seeing through several apps and facebook groups that this is the case as the processing backlog is almost null with cases from as early as December 2021 already being processed. We want to be together as quickly as possible and the financial aspect would not be a factor for me since I own a company here in South America and make passive income. I would be easily able to support and maintain us for 2 whole years if needed. I also know that if I bring my driver's license I can trade it in for an international driver's license once within the US so driving is not another issue for me. 

I'm just asking for some input from people since they keep claiming IR-1 and CR-1 are the way to go, our only issue is that we cannot get married as she cannot travel due to work and having 2 small children (Which I am dying to live with and yes we've met already in person, have lots of proof etc).

Would greatly appreciate some input from you guys, 

Thank you!