WENT TO INFOPASS..

[gogo 6]

haha, there are a few that are longer.. or about just as long.. actually I know a few but they gave up at the end.. went through a divorce.. I'm not going to go down that road.. I have fought for her from the beginning and will continue to do so.. the worst case scenario is for me to move back to China and be with her.. I would lose my government job and other stuff to be with her.. We may have a harder life, but we will be together.. USCIS can't take away this from us.. my countdown still applies (in my signature).. I update it as I go along.. so another 6 months would be my deadline.. with that deadline, it will be over 600 days and that's way too long.. if USCIS can't do it by then, they just can't do it.. although I have seen people with lot longer times (but they are I-485, naturalization)..

http://www.ailf.org/lac/clearinghouse_mandamus.shtml

take a look at some of these cases.. I know only a very few deal with I-130 and I-129F.. so it still applies to me.. guess USCIS has all sort of protection laws in case they get to court..

Edited June 17, 2008 by gogo

[Ilya R. 0]

You know listening to your story makes me cringe inside. Its just such a bullshit, no other words could describe their inability to help you. If my case is going to be delayed like yours, Im getting picket signs few friends and we are going to our senators office to "party"

[gogo 6]

ok, count me in.. haha, but the thing is we need a lot of people who have the same problem (or similar problems).. you know what else they told me? when I do things like "call in" and "service requests".. they pull my case out and put it back at the END of the line.. what the hell?

example:

out of a line of 100, I'm in 20th place

but then I do a service request or call in

they take it out and respond to the SR

then they put it back at 100th position

that's what they told me at the local office in LOS ANGELES.. :angry: and then they laughed at me and said I filed my stuff wrong.. I wasn't supposed to do TWO Applications (I-130/I-129F).. the supervisor was shaking his head and laughing at me.. I said "most of the people do it this way.. file the I-130 , then get the NOA1, then file the I-129F as K3 visa".. if I do the I-130 only, I would get the IR1/CR1 option..".. then they wouldn't even give me a pen to fill out a request to speak with the 3rd higher supervisor.. :angry: that was my infopass experience this time.. I'm not going back because it was the same two people I had last time (I had even brought my dad who likes to argue, lol.. and it still didn't work).. Also, the security guard came by and told me not to raise my voice.. why can't I raise my voice? I "bought" something (an application) for them to look at and it is still not done.. I'm a "customer".. ANY store you go to you have the right to complain if the thing isn't done right..

Edited June 17, 2008 by gogo

[MsZ 6]

Report this to the ombudsman. Give their names, etc.

[rebeccajo 14]

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:

Yes, I've not seen a mandamus filing at this stage before. I'm interested to see how your case goes. I like your lawyers 'style' - seems like they've got chutzpa.

[gogo 6]

according to 2 of their lawyers, it seems ok to do.. I'll email them tomorrow to see how the status of the preparation is coming.. they are preparing the case now and asked me for evidence of "financial, emotional, and other harm"..

"In preparation for the Mandamus, I would like to request details from you as to what your specific emotional, physical, financial harm that you have and continue to suffer due to the indefinite separation from your wife. I will include these details in the complaint. "

I have already sent them a folder with everything (letters to senators and others, the FBI letter with no security checks, and my personal letter to everyone who I faxed - about 3+ pages about what I feel, haha.. ) we will see in a few days..

[jonbless 0]

according to 2 of their lawyers, it seems ok to do.. I'll email them tomorrow to see how the status of the preparation is coming.. they are preparing the case now and asked me for evidence of "financial, emotional, and other harm"..

"In preparation for the Mandamus, I would like to request details from you as to what your specific emotional, physical, financial harm that you have and continue to suffer due to the indefinite separation from your wife. I will include these details in the complaint. "

I have already sent them a folder with everything (letters to senators and others, the FBI letter with no security checks, and my personal letter to everyone who I faxed - about 3+ pages about what I feel, haha.. ) we will see in a few days..

Hey gogo. I haven't been by in a while, but I'm still here in limbo as well. We are nearing the one year mark next month.

They just keep telling me that we will receive a decision "in the near future"......"very soon", etc.

#######???

SO when is the "near future" and when is "very soon"?!?!?!?!?

You have it worse than I do it seems, but don't feel alone cuz I'm sure there are others in the same boat.

Not that it helps to hear this I know, but.........

The "shitstem" I like to call it is just screwed and does not work properly.

Hang in there, and I will try the same.

Luckily I'm here in Brasil with my wife for a few weeks.

It helps, but doesn't solve our problems unfortunately.

Stay positive.

Jon Bless

[ninjarocket 1]

My suspicion is that real visa fraud merchants are so good at cheating the system that USCIS can't catch them. So instead they concentrate their wrath on genuine couples who have somewhat more complicated case histories. They need to deny some I-130's in order to justify their existence.

[gogo 6]

haha, we won't give up.. and you don't give up too.. I'm in this until the very last day and will keep putting up a fight.. I'm still in shock as of the "place in line" thing they said.. for example, if you are in a line of 100 and they take a look at your app due to a service request or other thing.. they said they put it right back at the end of the line.. you start 20th, let's say, then you end back at 100.. :angry:

[ninjarocket 1]

As far as I'm aware, the service request has been of no help. Never heard anything back on any of them so there is no point. I went to the infopass site and unresponded service requests seems to be one of the items for which they make infopass appointments, or should I say "misinfopass" appointments. I have one booked in Albuquerque Monday morning, but it's probably a waste of time. It's one of the prerequisites for Mandamus action however that one does things like make pointless infopass appointments.

Is there anything in you case that you suspect might cause some confusion with USCIS and could conceivably be causing you problems, or do you have absolutely no idea?

haha, we won't give up.. and you don't give up too.. I'm in this until the very last day and will keep putting up a fight.. I'm still in shock as of the "place in line" thing they said.. for example, if you are in a line of 100 and they take a look at your app due to a service request or other thing.. they said they put it right back at the end of the line.. you start 20th, let's say, then you end back at 100.. :angry:

[gogo 6]

they said I sent both petitions in .. they told me I should only send I-130 in.. Also, one of the CSRs I spoke with on the 1-800 number stated I had an A# on my I-130.. One of the boxes told you to fill in the petitioner's citizenship and how he got it.. and almost everyone asks me "are you a citizen or permanent resident?".. I get that a lot.. maybe they thought I was a PR instead of Citizen..?? :wacko: stupid people..

[MsZ 6]

Gogo, have you considered putting in a freedom of information act request on your files? See the bottom of the uscis.gov page for a link.

[gogo 6]

I checked it out.. thanks MsZ... but the thing is they can't help with cases that are still pending.. it has to be approved first.. I even received the form to fill out and send back to do a FOIA request.. but it should result in a dead end again.. I didn't try it, but maybe I should..

[ninjarocket 1]

In my case I married and submitted the I-130 after submitting my Naturalization application, and so had to declare I was now married during the interview. The Naturalization went ahead fine (since this is not a problem), although they asked me many questions about my marriage etc... during the Naturalization interview, which I found a bit invasive. When I finally had the oath ceremony, they had made a mistake and put me down as single in the Nat. certificate. I had it corrected to married the following week, but I do wonder whether something to do with this is causing some confusion with some idiot at CSC. Maybe they think by mistake that I committed bigamy or that my Naturalization is invalid fore reason? It can't be because my greencard was never marriage based. I also wonder whether they might be cross checking my I-130 off against what I said in the Naturalization interview? Who knows? Other than those stupid things, I can't think what else might be bothering them? My previous divorce was too simple with no disputes. Maybe they find something wrong with that: i.e. maybe they expect the norm is for someone to shoot somebody or something or massive legal expenses in order for it to be recognized as a real American-style divorce?

I checked it out.. thanks MsZ... but the thing is they can't help with cases that are still pending.. it has to be approved first.. I even received the form to fill out and send back to do a FOIA request.. but it should result in a dead end again.. I didn't try it, but maybe I should..

[The_dip_sticks 0]

Hang in their Gogo. I know exactly what you are feeling. We waited 2 years for our approval. As you know our I130 got sent to the local office and the I129F was in the Chicago since the day we sent it there 2 years ago. Every time I did an info pass the IO kept telling me different things. They also tried to tell me that I filed the applications wrong. The officer told met that I should have sent both applications together and that because I sent them seprately, thats what caued th delay and all the confussion. Then when I kindly tried to remind him that I filed 2 years ago and that the process was different that we were supposed to send off the I-130 and then send the I129F with the receipt notice of the I130 he said that I was completely wrong. He claimed that he worked in immigration for years and that both forms had to be mailed together, and that he never heard of what I was talking about. Any ways to just avoid any more cofussion and fussing I let him have his way. Inside I felt so mad, but I did my best to keep my cool and still be kind even when the person was talking BS to me. He was not very helpful when it came to telling me infomation about my applications, as a matter of fact he told me nothing and left me more confused than I was in the first place. He did however put in a service request just like all the other times that I have made an info pass. I always made sure I did th info passes 45 days exactly apart so USCIS couldnt tell me that I had not waited long enough for a response from the previous service request. I pretty much left the place with all hopes on the floor as the IO said that our applictions would never get approved since they were not paired together. Low and behold just a few days ago we got a letter snail mail saying that our I129F is approved !!!!! Its crazy because the status on the USCIS has not changed since 2006!! I hope that the lawyers that are working on your case can help you untangle all the confussion that USCIS has done with your paper work and that you may too be able to move on with your journey.