frambuesas

Just had to call the USCIS as it's been over five months since we filed for AOS (Adjustment of Status using I-485 via a K-1 visa) and over three months since we received and fulfilled an RFE.

They were really helpful and placed a question on file to chase up the case, but I was just wondering if anyone else is having these delay issues? I've received my Advanced Parole, and my EAD (permission to work), and I've done my biometrics, too. The case was moved from our original processing center to the California Service Center in April to "speed up processing" but we've not heard anything since. It's getting very frustrating! Anyone else's experiences/knowledge would be much appreciated.

Ray

the average takes 8-10 months ..some countries even a bit longer

frambuesas

Wow! The processing times on the website suggest four months, and that's what they said on the phone too - that I have every right to file a query as it's outside average processing times. But good to know it can take longer, I guess, and I do appreciate being able to contact them by phone.

A friend of mine did the same process recently, about seven months before me, and got the green card pretty much immediately, with a brief interview a short while after the biometrics appointment. They filed in May 2011 and he had his green card in August 2011. I guess it's just the luck of the draw!

Ray

sounds like you friend case ..the alien was already in the country
and did not need a visa

frambuesas

Nope, exactly the same visa as me - a K-1.

Ray

impossible .. they never work that fast ... what country was he in

frambuesas

I might not be explaining myself properly. This isn't the whole visa. It's the adjustment of status process. On a K-1 you go through 8 or so months processing in your home country and then get married in the US. I am talking about the paperwork you file after the wedding - to adjust status to a permanent resident.

That part of his process took just over three months. Mine is over six months and counting (I filed for AOS in December). The USCIS advise three to four months on their website and on the telephone customer services line.

frambuesas

Oh, and he is from the UK. His wife is American. I am also from the UK, and my husband is American. So it's a pretty much identical case other than the genders!

Noorah101

Ray, the OP is not talking about the visa processing time. He's talking about the adjustment of status processing time, after arrival in the USA on a K-1 visa.

Rene

Noorah101

Hi frambuesas,

A typical AOS case, with no problems and no RFE's, takes about 6 months from start to finish. Once there's an RFE issued, you can no longer rely on the posted processing times. The RFE throws a wrench into the processing time. Yours can take longer. There's no way of knowing how much longer.

The good news is that you have AP, you have EAD, and your case is being processed. Just be patent and wait it out. But do not compare your case to the cases processed without an RFE.

Rene

Ray

I was talking about the overall time

frambuesas

Thank you for the advice! They seemed pretty surprised on the phone that it had taken that long even with the RFE, but it's good to know I shouldn't be getting frustrated. As I said, I'm really glad that I can actually call someone and they can request it gets investigated. Even if they just say "wait longer", it is good to know it has been looked into and there's actually a human to talk to.

frambuesas

As I said in my first post, I meant the time from filing the I-485 after fulfilling the requirements of my K-1 visa (to get married within 3 months of entering the US). As you are referring to the whole process, that can take around two years, from first filing to green card - I am aware of that, and it's getting to that point with me!

Noorah101

There's no need to talk about the visa process time....that's over and done with. The OP is only concerned about the AOS processing time.

Rene

Ray

I will go and sit in the corner