WENT TO INFOPASS..

[gogo 6]

officer said "they just transferred my case in May 2008 to the local office".. I thought it was sent already November 2007 (I told them that).. they say it is only 2 months time and to wait more.. so I said "what happens to the time from April 2007 to May 2008??".. His reply was that they dont' know.. so I raised my voice and wanted to see a supervisor.. but then I met had guard steaming down my neck and he told me to not raise my voice or he will kick me out.. I talked with the supervisor and he told me to fill out a form , but the thing is that none of them will give me a pen to use.. All of them have NO HEART.. they don't care about what I have been through.. the lawyer is my last choice, and I hope that something will come through..

in short

1) met officer to talk with

2) talked with supervisor

3) met the guard for raising my voice

4) filled out a form (to request to speak with supervisor) with a customer's pen

5) they told me they receive the case in May 2008 (I filed in April 2007) and told me to wait .. they said the cases are "consolidated" now (it has been since November 2007, ####)

6) **WEIRD THING** they told me I filed TWO applications and I wasn't supposed to do that (I-130/I-129F).. he said because they have to "consolidate" it now, so that's why it takes more time than other people.. no ####, they had "consolidated" back in November 2007.. I told him that most people do it this way (explained I-130 gets IR1/CR1, and that I-129F gets K3 visa).. he didn't care for the answer.. he was like "who taught you all this?".. he said I was supposed to only go with the I-130.. and by filing the I-129F, I made it slower on myself..

Edited June 16, 2008 by gogo

[Ilya R. 0]

so everyone gives different facts, what else is new, USCIS!

[gogo 6]

I know.. but most of us filed I-130 and I-129F... he said because of that, my case got delayed.. what a load of #######.. :angry:

[NicoleX08 1]

I am sorry gogo. I know how you feel. I have not waited nearly as long as you, but my case was transfered to the local office last month and now my case is lost in LALA Land. Cincinnati says California has it and California says Cincinnati has it. SOOO... 5 and a half months lost and I may have to start the whole Effing process over...

[gogo 6]

have you tried doing a writ of mandamus? I hired a lawyer at the end of April this year, and currently in the process of filing a lawsuit.. There really isn't much data on people who file this for the I-130.. only for naturalization (green card) problems..

http://www.visalaw.com/05feb3/2feb305.html (I know this one is old, but it is good general info on it)

http://www.ailf.org/lac/pa/lac_pa_081505.pdf

I miss her a lot (even though I just went back about two weeks ago); it's just not the same when we are apart =(

Edited June 16, 2008 by gogo

[MsZ 6]

It'd be better if they just said they didn't know what happened and they don't know why you were delayed instead of making up nonsense reasons. Those 3 words, "I don't know" followed by "but I'm sorry and I understand your frustration" would go a long way toward eliminating people raising their voices at them.

I'm afraid that once you did that you turned them off completely though, gogo. When you need someone you need to control yourself even when you really want to wring their necks.

[hyd617 1]

It'd be better if they just said they didn't know what happened and they don't know why you were delayed instead of making up nonsense reasons. Those 3 words, "I don't know" followed by "but I'm sorry and I understand your frustration" would go a long way toward eliminating people raising their voices at them.

I'm afraid that once you did that you turned them off completely though, gogo. When you need someone you need to control yourself even when you really want to wring their necks.

gogo im so sory this is still bothering you.. i wishhh that they would have told u to re-file long time back, it would have been done by now..

i hope the lawyer works, and i hope he is a good one with lots of experience in immigration

i always think of u ,and are in my prayers!!

i pray that they approve you and get ur wife here FAST!!!

good luck to u

[gogo 6]

thanks guys.. look what I found here about lawsuits.. :crying:

http://www.ailf.org/lac/clearinghouse_mandamus.shtml (near the bottom)

this is one of the excuses that USCIS uses (Anticipating the Government's Answer and Preparing to Respond SECTION)

1) There is no right to immediate adjudication of the application because USCIS cannot adjudicate an application or petition before the name check is completed.

* USCIS has argued that (a) no statute or regulation provides a time period in which USCIS must adjudicate an application and (B) the agency has discretion to conduct background checks under 8 C.F.R. §103.2(B)(7) (providing that the Service may "direct any investigation" necessary to the processing of applications or petitions) and withhold adjudication under 8 C.F.R. §103.2(B)(18) (authorizing a district director to withhold adjudication of a visa petition or other application due to an investigation in connection with eligibility or the exercise of discretion). See Zahani v. Neufeld, No. 05-1857, 2006 U.S. Dist. LEXIS 56416, *7 (M.D. Fla. 2006) (holding that 8 C.F.R. § 103.2(B)(18) provides USCIS with discretion to withhold adjudication of an adjustment of status application and that delays caused by the FBI are justifiable); Gemini Realty, Inc. v. Gonzalez, No. 06-786, 2006 U.S. Dist. LEXIS 74194, *11 (M.D. Fla. 2006) (8 C.F.R. § 103.2(B)(18) provides that if " . . . the application is not processed within the first year, the Government is given addition [sic] time, in six-month increments, if certain factors are met. . . [a]t all times, the decision to withhold adjudication remains in the discretion of the agency").

in other words, they can keep delaying our cases forever..

Edited June 16, 2008 by gogo

[gogo 6]

haha, MsZ.. that's right.. I played it through my mind a hundred times.. but I just needed a straight-forward answer... not something like "you are still under additional processing".. or like what they gave me today (they just transferred my case to here.. it's been at the local office for the last 7 months)..

[NicoleX08 1]

have you tried doing a writ of mandamus? I hired a lawyer at the end of April this year, and currently in the process of filing a lawsuit.. There really isn't much data on people who file this for the I-130.. only for naturalization (green card) problems..

http://www.visalaw.com/05feb3/2feb305.html (I know this one is old, but it is good general info on it)

http://www.ailf.org/lac/pa/lac_pa_081505.pdf

I miss her a lot (even though I just went back about two weeks ago); it's just not the same when we are apart =(

No, I have not done anything yet, just because I am not outside the processing times. They will tell me to wait anyways. I know what you mean about missing your spouse. I am going on July 9th to see my husband in Mexico for 2 and a half weeks. How sad is this. I get to see my husband for 2 and a half weeks out of the entire year. I don't know how military spouses do it. I commend them because this is just torture. I love my husband so much and there has been a lot in my life that I wish he were here for. My sister was murdered on Easter this year and it has been very difficult to do without him. Not to mention the fact that he did not have the opportunity to be at her funeral to say goodbye. It made me realize that if something were to happen to me, God forbid, what would happen, he would not be allowed to come and see me and would not know how I am. And he is working as a cop in Mexico, so if something weere to happen to him, God Forbid, I would not be able to make it there no sooner than 2 or 3 weeks. It makes me very angry with this whole process.

[rebeccajo 14]

Gogo, all the case law you are reading and citing here refer to mandamus actions filed for an adjustment of status petition.

[gogo 6]

ok, thanks rebecca.. guess I need to do more research.. but it is hard to find something on the I-130.. even the USCIS 1-800 CSRs said it was very very rare.. :crying:

[Ilya R. 0]

ok, thanks rebecca.. guess I need to do more research.. but it is hard to find something on the I-130.. even the USCIS 1-800 CSRs said it was very very rare.. :crying:

Hey gogo did you ever try to get the press involved?

[gogo 6]

not sure.. but we may need a few people with the same problem for them to consider it .. do you know of others who are still active that have this problem?

[Ilya R. 0]

not sure.. but we may need a few people with the same problem for them to consider it .. do you know of others who are still active that have this problem?

I dont know anyone with I130 delay as long as yours. But at the same time I know more people with delays at Vermont Service Center than without delays.