Case returned to USCIS

[indianheart 2]

when a case is returned from the embassy to USCIS for review, what is the process and the possible length of time?

[brnidokiegurl 0]

hate to tell u but i know of a couple going on two years for review and they have heard nothing during this time

[vkhn 0]

Two year? That is not fair, my fiancee and I will either die or grow apart.. what is life anyway maybe we'll met after death..Thanks you Jesus!!

hate to tell u but i know of a couple going on two years for review and they have heard nothing during this time

[indianheart 2]

hate to tell u but i know of a couple going on two years for review and they have heard nothing during this time

did they hire an attorney?

[brnidokiegurl 0]

ok first u have in cr1 group, i do know one cr1 at two years the k1 i know of is going 3 years and they have had few inquiries in the last 6 months and no lawyers for either, also both thru vermont, calif usually lets k1 expire

ok sorry that was someone else posting

Edited November 23, 2008 by brnidokiegurl

[indianheart 2]

Can anybody out there tell me if an attorney will make the process faster?

[laurarajesh 0]

when a case is returned from the embassy to USCIS for review, what is the process and the possible length of time?

hello indianheart

how u doing. pls tell whose case is returned from the embassy to USCIS for review.

my case also in ap from 7 months. i am woory.pls tell wt going with u r case. thanks

[WaitingforRakesh 0]

Indianheart,

I think you are doing the right thing by hiring an attorney. They should know what avenues to take to get your case resolved. What relationship proof did you have other than your trips to India? From what you said in a previous post do they believe your husband is more involved with his ex-wife than you, regardless of the circumstances that would be justifiable in the US in regards to his children? Plus it sounds like you may have a hardship case in regards to the fact that financially, you cannot live with him in India do to your financial obligations, plus you have future medical needs. An attorney can help you with that. Make sure you use an immigration attorney.

Edited November 26, 2008 by WaitingforRakesh

[indianheart 2]

according to the attorney all they should be concerned with is if the divorce is legal and our marriage legal, just be spouses are dovorced relationship (friendships) are irrelevent. People share history and children and too many times in India family (cousins being married). how do you not continue relationships when there are children involved.

as far as proof there was the first 2 trips, copies of bus and train ticket for our travel there, pictures of the first year and our wedding, his tax ID with USA address (mine), and he offered chat and phone logs at the interview and they said they didnt need them.

they just wanted to deny and looked for evidence to do it (and when not clear enough they stretched it). they made a home visit to his ex's during the ganesha festival week where he was visiting the kids. dont tell me they didnt plan that when our interview was 5 months prior. he told them he visits his kids often, so they I am sure knew he would be there for his kids.

[Old Dominion 26]

An attorney can't do much but perhaps your state's senior Senator can dislodge it and get some action. Maybe not. When an embassy returns a case, it goes to the VSC and then to the USCIS, where it seems to lay buried for months on end, even years. The bottom line is that the visa was not approved, which for all intents and purposes means that it was denied.

[WaitingforRakesh 0]

If you go to the USCIS site, it tells you some contact information on what the process is for appeals/motions. I would get an attorney (someone who has a good history with these situations) and like someone said a senator to see if you get any headway with that. It sounds like you did not have one when you petitioned and in this case, might have not worked in your favor. My attorney had me send in more Bonofide relationship support than I would have possibly thought of myself. (travel docs, pictures (wedding and other pictures) wedding inv. Joint bank account statements, Wills, life insurance, Letters from families, Plus, all my docs have my name change on it, which was done soon after the wedding)

Did you change your name? Do you and your husband have any joint ownership? (Bank accounts, house) Some of this is hard to do, but it is possible. Did you ever send him money (western union) They are getting my phone logs whether they like it or not! I should own Verizon as much as we talk. Mail system in India sucks, they lost too much of my stuff. Fed ex is great though inspite of the cost. (Just trying to think of things that you can gather to help your cause.

What I read you have 30 days to appeal if in fact your case has been denied.

I know this really hard time for you. I am sorry. If you need to talk I am here. We Indian wives can stick together.

All I know if I were in your shoes and if I find myself in the future, I would sell my house and car and just move to India. It is a personal choice, but when I got married, I knew nothing was definate. I got married knowing that if I got married to my husband, I would have to be willing to live with him in India if necessary. It was a risk I was willing to take. I love my husband more than I love the US. Not saying I would rather live with him here, but what can you do?

Take care and you are in my prayers. God Bless and watch over the both of you.