Quote:
Originally Posted by Rachel_Heath
Not sure where you got that information from because as far as I'm aware it's very wrong! Granted a delay may be incurred because of the Adam Walsh Act requiring the USCIS to perform criminal background checks on petitioners however that's true no matter which way the spouse enters the country.
Coming in as a spouse to an American does not incur any delay. The Green Card will be issued with a 2 year 'temporary status' limitation. 21 months later the holder requests to have the status removed and the card converted to one without conditions.
In addition, as per the US consulate in the UK:
Your statement seems very alarmist and untrue.
Why on earth would it be 'faster' to obtain a K fiancé Visa than to come in on an I-130? It makes no sense what so ever!
Where did you get the 36 month delay from? |
Where does the "faster" K Fiance Visa come from??
I refrained from responding to this message until I once again confirmed with one of the top USA Lawyers dealing with 100's of these specific cases. Between him and the
USCIS I obtain my regular information about Immigration.
He was visibly disturbed by this response to say the least and specifically went directly back to the
USCIS and confirmed what I said before .
The info on the web act as guidelines only .
Immigration Laws adjusts continuously and can be very confusing to say the least.
Anyone wanting to get married to an Alien Spouse should do so in the USA and/ or if married outside, submit directly in the US to the
USCIS or through a a legal representative again in the US.
Several Embassies does not accept the I-130 any longer.
Every case varies but in an almost perfect scenario, one could get a response within 8 weeks. As you can see for yourself it is now standing on 11 weeks (almost 4 months) for submissions to be getting processed only.
That does not mean that you will get your answer in 11 weeks.
Entry for the Spouse and /or children does not occur immediately.
Various recent case entries was only after 2 years, complicated cases can take up to 36 months.
The time period depends on the available number of I -130 's issued for a certain period and to different states . Thus even the state where the petition is submitted differs from another in the time it takes to process and approve it.
Those that had to deal with the US Consulates will know from experience how complicated it sometimes can be.
I say again get a Tourist Visa and get a law firm in the US to deal with your further applications.
"Alarmist or Untrue " whatever you choose to call it , I choose to ignore it because I know and work with the facts of my 5 year experiences with the US Immigration.
