Will I EVER get to USA?

[mrsB 0]

I was told that I wouldn't be able to get a tourist visa because I'm applying for an immigrant visa, but I guess this is not something that applies to everyone. Seems that I'm just incredibly unlucky and that the entire universe has decided to keep me away from my husband.

This is all very confusing, the embassy tells me to have hope and that it'd be unlikely that USA would send me back and that regardless of what happens, it will not affect my visa application process. But then some people seem to think I shouldn't even go give it a try as it can ruin everything. And I'm not sure who to believe here. I guess it's best now that if I get no response on this case by mid-april (1-year-mark) I'll restart my life here in Finland and try to move out of my parents' house and perhaps to a city with better job opportunities. I can't just continue sleeping on my parents' couch indefinately.

Perhaps some day my husband can come see me for a week or two.

[cris11 0]

mrsB, I had email you, please check

[mrsB 0]

To this day, when I check my case status online with the receipt's number, this is all that I get:

"Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Case received and pending.

On April 16, 2008, we received this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our CALIFORNIA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."

So yeah, nothing has happened since April 16th, 2008.

[mrsB 0]

I called the USCIS again and the info I stated above is still the only info they provided me with. The person I spoke to couldn't even say anything about the FBI name check. I managed to get forwarded to an officer who said FBI name check is something EVERYONE goes through. The officer however wouldn't give me any information regarding our case, because I'm not the petitioner, I'm "just the spouse". So they won't discuss MY business with me. I'm having my husband call them now... All the suggested was making a service request... SIGH.

I'm going to call the congressman's office today as well. Starting to get tired of not getting any info about anything.

Oh and according to the USCIS, they're not required to tell us when our case has been touched or what has been done to it until they've either made a decicion about it or need more information.

Edited March 27, 2009 by mrsB

[♥Stiggy♥ 0]

Im sorry to hear that you have to go through all of this

[MonkeyJuice 3]

Why worry about being turned back on the Visa Waiver Programme. I did it 3 times in one year. The last time I stayed for 3 months. It's really no big deal. Lots of people do it.

[mrsB 0]

I have been told that I shouldn't even try to use the visa waiver program as I will FOR SURE be turned back and it'll cause problems. I've spoken to the senator's immigration specialist and she says there's nothing I can do right now but wait. And all she can do is check the status of our case every 30 days. That's all. I also learned that regardless of what the embassy said, our case might be with FBI for several more months and there's nothing anyone can do about it.

I've been told that the only way I could for sure go to USA is with a tourist visa, but I have been previously told that I can't get one because I'm married to an American. So I'm stuck here and my husband is stuck over there.

I'm happy for all those people who've been able to at least see their loved ones during this process, but apparently for some reason I'm on some kind of a blacklist or whatever and not wanted in USA - except by my husband.

By the way... How have you been able to tell when your case has been "touched" as stated on the timeline? USCIS told us that they're not required to give us that sort of information.

Edited March 28, 2009 by mrsB

[Hannita84 0]

I have been told that I shouldn't even try to use the visa waiver program as I will FOR SURE be turned back and it'll cause problems. I've spoken to the senator's immigration specialist and she says there's nothing I can do right now but wait. And all she can do is check the status of our case every 30 days. That's all. I also learned that regardless of what the embassy said, our case might be with FBI for several more months and there's nothing anyone can do about it.

I've been told that the only way I could for sure go to USA is with a tourist visa, but I have been previously told that I can't get one because I'm married to an American. So I'm stuck here and my husband is stuck over there.

I'm happy for all those people who've been able to at least see their loved ones during this process, but apparently for some reason I'm on some kind of a blacklist or whatever and not wanted in USA - except by my husband.

By the way... How have you been able to tell when your case has been "touched" as stated on the timeline? USCIS told us that they're not required to give us that sort of information.

When you log in the USCIS web site to check your case status online, it shows a date there. If that date has been changes since you last time logged in, that means you have been "touched" I don't know why do they say you can also get the latest updates to your e-mail as well, because that never works..

[mrsB 0]

Oh wow... that means my case has never been touched O_O;

Yet it went to FBI... Interesting.

[cris11 0]

Being denied entry into the USA is not the same to be at the black list!

We are many here at VJ who comes from an EU country with Visa Waiver (tourist visa) rules, who travel to US even when our cases are pending. Some had been sent home, but that hadn’t affected their K3 or CR1. I also had write and ask the US embassy in Stockholm who also informed me, that I can travel,, but,, they can send you back if they don’t believe you plan to travel back,,,,,

It’s more a question if you can "handle the situation" to be denied at the airport and take the next flight back! My last travel to US in dec 2008, that time they take me to the office and asked me why I travel so often to US (4 times on a 12 months period) ? - Yeah, because I miss my husband! I answered!

Of course I had always bring with me proofs that I plan to travel back..and never lie to the about your reason and your stay!

[VN10 0]

Hi all !

The first time i saw case same as mine even my case taking longer than your. I dont know why and we are just know to wait. Hope for u, for me and for all will get news soon from uscis. Im from vietnam,i have been interview for visitor visa but they did not agree that. They said me have to wait for interview about my case K3.

Anyway, good luck to u.

[edp333 9]

Sorry to hear you are waiting so long. It is hard to wait and really there is not much you can do about it. Have your spouse keep in touch with the congressman and senators.

As for touches, CRIS is not always accurate on touches. Many VJers are approved with no touches showing on CRIS or Case Status Online. We never had any touches after our petition was transfered to CSC.

Gogo waited the longest out of any K3 filers since I have been on VJ. They waited 533 days for an approval. They ended up hiring a lawyer.

[mrsB 0]

I wish now that I would've met my husband later in life, when I would've already earned a good deal of money and had a stable life. That way I could've afforded to hire a lawyer for all this and maybe I'd be more welcome in USA too.

I just received an e-mail from the US embassy regarding my question about a tourist visa. They said: "The US embassy represents the Department of State and can not get involved issues belonging to the Department of Homeland Security and USCIS. As you are an intending immigrant the US law prohibits the US consul to issue you a non-immigrant tourist visa. If you meet the visa waiver criteria you are welcome to use the program." Oh and that they feel sorry for me as well. Which doesn't really make me feel any better. But apparently it's illegal for them to give me a tourist visa. So yes, I can use the visa waiver - at my own risk. *sigh*

[Y's_habibitk 2]

MrsB,

Im so sorry that you have been in limbo for so long. <--little fake rose doesnt make you feel better, I know.

Do be careful on the VWP, some people have no issues whatsoever..but if the officer at the POE enters something negative as the reason for denial, then it will be much worse than just you having to hop on a flight back home. This has happened and was questioned at the interview stage. Probably not a big deal, but after the hell you guys have already been through..you dont want any hangups at the interview.

I would suggest staying on top of the congressman to keep inquiring into the case. The backlog of fbi namechecks was goaled to be cleared in Feb 2009.

Im so sorry. Keep advocating, thats all you have to do at this point.

[mrsB 0]

Bothering the senator's people doesn't seem to do much good as they say the only thing they can do is to ask about our case from the USCIS once in every 30 days... We're now waiting for Friday when we supposedly will get NEW info. We'll see.