Will I EVER get to USA?

[mrsB 0]

Hey, CnT4ever,

Yeah my husband filled out the application for the ombudsman and sent that out last week on Monday... I wonder how long it takes to get a reply? Probably quite some time, knowing this sort of things... Also, thanks for the post with the numbers for Homeland Security! I have so many numbers here now... for federal government, USCIS and homeland security... So someone had called the USCIS director? We had mailed him directly and asked for an immediate expedite, but never got any kind of an answer.

Also, gogo, I can relate to your writing here... "I cannot believe you allow people who 1) cannot even afford support, and need others to support them, 2) people who convict many crimes, 3) people who supposedly "overstay" and just adjust their status , to allow to stay in America, while you allow innocent US Citizens (who never commit any crimes) and work for the government, to not have their loved ones with them." Well no, I'm not with the government or anything, but I kinda have been wondering about this too. It seems that it's easier to get to USA through all kinds of loop holes and illegal ways than trying to do it legally. Sure, I guess I could've married there and just stayed, but I wouldn't have felt very good about myself for doing that. I've never done anything in my life to be somehow suspicious, as you probably know if you've been following my "story" here. I don't even have a parking ticket... but I do have a college degree and I apparently know my English fairly well. :/ There should be no reason for them to even consider me not eligible for a visa. As far as I know, even if my husband was a criminal, they couldn't use that as a reason to deny MY visa... I guess they're just taking their sweet time.

I've been speaking to another Finnish girl, who also was on VisaJourney before, who also had a pretty long process in her hands but the last I heard of her, she had already been scheduled an appointment at the embassy and her case was advancing nicely. It too had taken a long time however... But they never asked biometrics from her husband even though he wasn't a natural born US citizen, he had moved to USA from Asia. I guess all these cases are just individuals and what might've worked for someone, might not work for someone else.

[mrsB 0]

Hrmm... been about 3 weeks now since my husband sent the papers to the Ombudsman... are we going to get some kind of a reply from him, saying that the papers have been received..? Or just get info when they figure out what to do with it? What CAN the ombudsman ACTUALLY do? Anyone have experience on the matter?

[Peikko 1,575]

Yes, as stated above, my husband cannot come see me without pretty much having to quit his job first. He's not able to get holidays, especially paid ones, and without pay it'd be extremely hard to travel here while he'd still have to pay for his apartment and car in USA. :/ And yes, Finland is a member of EU and we have visa waiver with USA and no there shouldn't be any reason as to why I couldn't visit, but homeland security can apparently send me back to Finland if they feel like it. I'm a citizen of Finland, born and raised here.

This is pretty much the normal situation for anyone married to a USC waiting for th process to go through. I, like many others, visited my husband during the process. Yes, there is a risk that you could go to the US and be denied entry - but that is only if the POE decide that you are a risk in the sense that once you enter, you will not leave until again. There are ways of persuading the POE that the risk of your doing that is negligable. Letters from employers etc, anything that provides proof that you still have a tie to Finland and will return. If you can provide these proofs then the chances of you being denied entry are significantly reduced. There are no guarentees, but for many, the risks are small and worthwhile. Such a denial does not have any effect on the process you are currently engaged in from what I understand but someone else might have better information on that.

[hasson 1]

1. Engaged in 2003. Submitted I-129F in April 2003.

2. Married in Sri Lanka in November 2003. Husband stayed for two weeks and returned to US.

3. Application denied December 2003. Reason was we never met before engagement. His brother is married to my cousin.

4. Submitted appeal January 2004. Case still pending.

5. Approval Notice sent June 8 2004. Our families were ecstatic. Notice of Rescission sent June 9 2004. Our families do not understand what is happening.

6. Visited me for two weeks September 2004.

7. Returned to Sri Lanka September 2005. He has been here since.

8. Submitted I-130 November 2005 Vermont center. Case still pending

every month hes calling and sending mail but always they reply "If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service".again when my Husband checked they say the same reply.

[FinnLove 0]

Wow Mrs. B, I've been reading about your journey (or lack of) and it scares me a little. I just married a Finn and am sending in the app this week. I don't have any more advice for you in addition to what you've received, but I just wanted to say hi and wish you the best of luck. By the way, I love Finland and Finnish people!

[Y's_habibitk 2]

Hrmm... been about 3 weeks now since my husband sent the papers to the Ombudsman... are we going to get some kind of a reply from him, saying that the papers have been received..? Or just get info when they figure out what to do with it? What CAN the ombudsman ACTUALLY do? Anyone have experience on the matter?

I contacted the ombudsman about a month ago and received a letter back saying they would look into it and help..bla.bla about a week later. He should have at least gotten a letter saying that they received his request.

I'll let you know if/what action they actually take for us when we find out.

[mrsB 0]

It's August. We still haven't heard one word from the Ombudsman. It's starting to get pretty weird. No words from the USCIS since they wanted my husband's biometrics, nothing from the senator and nothing from the Ombudsman. Haven't even received a letter saying they got our papers. MYSTERIOUS, I would say. However, in a few days, I'm flying to USA and hopefully I will get to see my husband, instead of just wasting over 700 dollars.

[vickydeutsch 0]

It's August. We still haven't heard one word from the Ombudsman. It's starting to get pretty weird. No words from the USCIS since they wanted my husband's biometrics, nothing from the senator and nothing from the Ombudsman. Haven't even received a letter saying they got our papers. MYSTERIOUS, I would say. However, in a few days, I'm flying to USA and hopefully I will get to see my husband, instead of just wasting over 700 dollars.

Very good!!! i hope you don't have any problems at POE and you can enjoy some good time with your hubby!!!!

[VN10 0]

Hi Mrsb, how are you doing ? do you get in usa and see your hubby yet ? I wish best to both you.

Now i saw somebody still pending case take longtime as me. Before my husband called uscis and they said will let us know some news in august-this month. Im not sure.....just will see how.

Anyway, i want to say good luck for both you and for me, for whom still stay far away husband or wife.

[mrsB 0]

Just wanted you guys to know that I did get to enter the USA for the 90 or so days. It wasn't easy breezy, but after about 1,5 hours at the airport talking to people and having them go through all my possessions I was finally allowed to enter. I didn't have to show them any papers other than my passport and the forms you need for customs. So I'm in the USA now, visiting. No news on the visa or the ombudsman or anything like it.

Also, off-topic... when you get a spouse visa to USA, are you required to live in the same apartment/house/address as your spouse or can you live in another address? Does it matter?

[Y's_habibitk 2]

Just wanted you guys to know that I did get to enter the USA for the 90 or so days. It wasn't easy breezy, but after about 1,5 hours at the airport talking to people and having them go through all my possessions I was finally allowed to enter. I didn't have to show them any papers other than my passport and the forms you need for customs. So I'm in the USA now, visiting. No news on the visa or the ombudsman or anything like it.

Also, off-topic... when you get a spouse visa to USA, are you required to live in the same apartment/house/address as your spouse or can you live in another address? Does it matter?

Im so happy you got in Mrsb!!!

btw- our letter to the ombudsman paid off and we got our EAD approval this week "early"(actually on time considering their f up) We didnt get anything else from the ombudsman other than the first standard letter, only saw the results! I hope yours is the same soon

[lgg 2]

that is awesome! THank goodness for that. Sorry it was a bit of a pain in the #### but frankly? It doesn't sound too bad and.... you made it. Yay!

So glad to hear it.

Not sure what you mean by that second question, really... I do believe that once you get your visa that yes, you are required to cohabitate... you mean your CR1 visa right? If so then yes, I believe that is mandatory or else they'll have an easier time citing you for marriage fraud even if that may not be the case.

I don't believe that the USCIS/NVC are well versed in atypical domestic set-ups you know? Like a couple not living in the same house and such.

am totally happy to be corrected by someone else more in the know...

Glad you got in mrsB... good news.

Just wanted you guys to know that I did get to enter the USA for the 90 or so days. It wasn't easy breezy, but after about 1,5 hours at the airport talking to people and having them go through all my possessions I was finally allowed to enter. I didn't have to show them any papers other than my passport and the forms you need for customs. So I'm in the USA now, visiting. No news on the visa or the ombudsman or anything like it.

Also, off-topic... when you get a spouse visa to USA, are you required to live in the same apartment/house/address as your spouse or can you live in another address? Does it matter?

[hindocha 0]

Alright, sorry, I didn't know that timelines were mandatory for posting here. The last call to the officials was made by me when I called the USCIS on 12th of March 2009. During that phone call I was only told that our case was opened and that all I could do would be to tell my husband to send in a service request. I told him this and he told me 4 had already been sent. So the most recent information I have is from March 2009. The USCIS did not mention about the FBI name check, that we learned from the congressman in February. I guess this topic can now be considered as abandoned as I don't have a timeline. Thank you all for reading and for your time. I shall seek help elsewhere.

If, when logged in you're looking at your account page , you'll see a link about half-way down the page called "my timeline". Click on that, it takes you to the page to enter your information. Approximation is fine, exact dates are not necessary. By looking at one's timeline, people can offer help and suggestions, and it is of great help to other members in estimating their own process.

Specific to your case, though...if your senator was able to find out that you're in FBI namecheck, it unfortunately means that that the lenght of time your process can take is uncertain. There is no set time for how long FBI namecheck can take, and you'e going to be able to find much more info than that. I'm sorry.

In the meantime...you should look around here and gather as much info as you can for what you'll need for when your petition is approved at USCIS. Your husband filed a spousal petition, and once approved there are still a few steps before you can interview for your visa.

On a bright note (it may not be any consolation, but I'll put it out there) since your process has taken long(er) and if it is two years since marriage, I'd scrap the K-3 visa and go with the IR-1 visa, which will give you the 10 year green-card right off the bat....no need to remove conditions. You'll be a permanent resident from the time you get to he US.

-P

I cant find "my time line" link

[Y's_habibitk 2]

Alright, sorry, I didn't know that timelines were mandatory for posting here. The last call to the officials was made by me when I called the USCIS on 12th of March 2009. During that phone call I was only told that our case was opened and that all I could do would be to tell my husband to send in a service request. I told him this and he told me 4 had already been sent. So the most recent information I have is from March 2009. The USCIS did not mention about the FBI name check, that we learned from the congressman in February. I guess this topic can now be considered as abandoned as I don't have a timeline. Thank you all for reading and for your time. I shall seek help elsewhere.

If, when logged in you're looking at your account page , you'll see a link about half-way down the page called "my timeline". Click on that, it takes you to the page to enter your information. Approximation is fine, exact dates are not necessary. By looking at one's timeline, people can offer help and suggestions, and it is of great help to other members in estimating their own process.

Specific to your case, though...if your senator was able to find out that you're in FBI namecheck, it unfortunately means that that the lenght of time your process can take is uncertain. There is no set time for how long FBI namecheck can take, and you'e going to be able to find much more info than that. I'm sorry.

In the meantime...you should look around here and gather as much info as you can for what you'll need for when your petition is approved at USCIS. Your husband filed a spousal petition, and once approved there are still a few steps before you can interview for your visa.

On a bright note (it may not be any consolation, but I'll put it out there) since your process has taken long(er) and if it is two years since marriage, I'd scrap the K-3 visa and go with the IR-1 visa, which will give you the 10 year green-card right off the bat....no need to remove conditions. You'll be a permanent resident from the time you get to he US.

-P

I cant find "my time line" link

Go to "immigration timelines" at the top of the page, click it.... you will see "edit my timeline" on the left

[mrsB 0]

Thanks LGG,

I was suspecting something of the like. Sadly, that might mean that I'm not going to move to USA after all, because I don't think I could live in the same home with my husband for the time being. I think I mentioned somewhere in my posts, but I've always had a lot of allergies and last year I was diagnosed with asthma. The doctor suspected that the reason why it suddenly erupted was the fact that my husband got a kitten during my last stay in the USA. I've always been the MOST allergic to cats, though not all cats have caused me problems. Then again, I've never lived with one yet, only visited households with cats. At the time, we agreed that if the cat would cause problems with my allergies, we'd find him a new home... But now he has lived here with my husband for 2 years and of course my husband is very fond of him. I've however had to increase the amount of asthma medicine I take since I got here and even had to use my airway opening medicine a lot - something I never had to do before. I am also taking antihistamin on a daily basis. The humid air is only adding to my problems, but my health has been poor since I got here. I do always feel better after a day spent outside or shopping or whatever, but then at night when it's bed time I find it very hard to breathe again. So basically, me and the cat... we don't mix. My husband loves the cat, he's used to the cat and so far he hasn't even considered about finding him a new home. And if I indeed can't just move to USA to my own place (somewhere near his), I will probably have to scrap the idea. I wouldn't want to ask him to give the cat away anyway, because I can see how much he means to him.

Well, one day at a time, but I do think my trip will turn out to be much shorter than the 90 days I could stay, since battling with my health might turn out to be a problem. I only had a certain amount of medicines with me, just enough for the trip. Since I've had to use so much extra, I'm not sure how long my medicine lasts. Or how long I last for that matter

Anyway, that's all for now. Still no news what so ever on the visa front anyway.

Oh also, I'm not sure what kind of a visa I would now be ending up with, since the USCIS was supposed to toss our I-129F away, but as far as we know, they haven't done this. So I don't know if it'll be a K3 or CR1. Last time we talked with them, we got the impression it'd be CR1, but with the I-129F still lingering about... who knows?

Edited August 29, 2009 by mrsB