Suing USCIS with WOM for I-130 (19 mo delay)

[produke 0]

Thanks all for your support.

@waiting4approval: I chose to ditch 129, and I130 is going smooth. Thanks again for ur response.

@hasson: you need a good lawyer. US govt and bureau are incompetent.

@needgc: I dont check this forum alot so I am sorry about the long delay. I dont know whats the policy for this forum. I can post the lawyer info in this thread so people in desperate need can contact him to resolve their issue.

I sent my AOS documents. The lawyer said the backgound of wifey passport size pics has to be white (its was blue). I had to ask her to send pics again. It ended up adding a few weeks. Anyhu, the lawyer says I might get interview at the end of October. May be I can pick her up in Nov, close to my birthday...

Its a heartfelt grief to see so many people wait for their spouse for no apparent reason. We need major changes in immigration, however the government is diverting attention from all other issues ailing this country by focusing on healthcare for past 6 months. Its a shame that most common US citizen get bent all the time.

[New Beginnings 32]

Great news! I hope the rest is a speedy process for you and your wife!

[kaus&Sanu 0]

Hey all... I was told by my senator that my case for my wife (k-3 and Cr-1) can't be adjucated yet because my "background investigation" is still open... what is the difference between background check and background investigation? How soon does this typically take? Should i be getting worried, or begin preparing for a super long wait??? I know my case is still in processing timeframe, but is this something i should be concerned about or stay relaxed?

The actual email from the congressional liason for CSC to my senator is as follows:

"The processing of your constituent's case has been delayed. A check of our records establishes that the case is not yet ready for a decision, as the required investigation into the background remains open. Until the background investigation is completed, we cannot move forward on the case. These background checks are required to be completed on all applicants who apply for the immigration benefit they are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete. If your constituent does not receive a decision or other notice of action from us within 90 days, you may contact us again"

Any input would be greatly appreciated. I don't want to go through the USCIS horror stories you might have or still going through... Cause I feel for the people who have gone through this I don't know how you guys have slept through the night or stayed sane through it.

Basically, I want to be prepared for the worst and hope for the best...

[Malrothien 6]

Hey all... I was told by my senator that my case for my wife (k-3 and Cr-1) can't be adjucated yet because my "background investigation" is still open... what is the difference between background check and background investigation? How soon does this typically take? Should i be getting worried, or begin preparing for a super long wait??? I know my case is still in processing timeframe, but is this something i should be concerned about or stay relaxed?

The actual email from the congressional liason for CSC to my senator is as follows:

"The processing of your constituent's case has been delayed. A check of our records establishes that the case is not yet ready for a decision, as the required investigation into the background remains open. Until the background investigation is completed, we cannot move forward on the case. These background checks are required to be completed on all applicants who apply for the immigration benefit they are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete. If your constituent does not receive a decision or other notice of action from us within 90 days, you may contact us again"

Any input would be greatly appreciated. I don't want to go through the USCIS horror stories you might have or still going through... Cause I feel for the people who have gone through this I don't know how you guys have slept through the night or stayed sane through it.

I am greatly surprised that your senator actually inquired with USCIS given that you are well within the posted time frame for adjudication.

[kaus&Sanu 0]

I am too... I just got frustrated when I started seeing all sorts of approvals for people (I'm happy for them) who have filed after me. I contacted USCIS to get a status of where the heck mine is and they kept stating some generic #######. So I got po'd and talked to my senator... I'm surprised that he inquired too...

[produke 0]

I am too... I just got frustrated when I started seeing all sorts of approvals for people (I'm happy for them) who have filed after me. I contacted USCIS to get a status of where the heck mine is and they kept stating some generic #######. So I got po'd and talked to my senator... I'm surprised that he inquired too...

All govt officials are waste. Dont waste the precious time like I did. I wish I had sued earlier. I was told the same as what you posted above, and the lawyer said the last resort is to sue. USCIS always hand picks few applicants that are lost in investigation limbo. What a sad story USCIS really is.... I hope it goes well. If you need a good lawyer in NY, please let me know. Best of luck!

As for me, my case is now complete at NVC.

Edited October 10, 2009 by produke

[john & jean 37]

congrats, produke!!

I think that the hand picked is also true. Even the few that get an approval in record time, ALSO HAND PICKED...

I would encourage anyone with means, and just cause to challenge the wrong doing!!!

[kaus&Sanu 0]

I am too... I just got frustrated when I started seeing all sorts of approvals for people (I'm happy for them) who have filed after me. I contacted USCIS to get a status of where the heck mine is and they kept stating some generic #######. So I got po'd and talked to my senator... I'm surprised that he inquired too...

All govt officials are waste. Dont waste the precious time like I did. I wish I had sued earlier. I was told the same as what you posted above, and the lawyer said the last resort is to sue. USCIS always hand picks few applicants that are lost in investigation limbo. What a sad story USCIS really is.... I hope it goes well. If you need a good lawyer in NY, please let me know. Best of luck!

As for me, my case is now complete at NVC.

Thanks Produke! And congrats on soon being re-united with your s/o ia, unfortunately you had to do go thru hell and back to get your wife here. I will contact you via PM if they don't resolve within their 5 mos. processing timeframe... Otherwise, yea, i'd like to not wait around...

Im in the chicago area so if I do need a lawyer ... and it does'nt have to be in chicago, i'll be pm'ing you.

Anyway, goodluck with the rest of the process and hope you have a speedy re-unification with your wife ia.

-kausar

[produke 0]

Hope everyone is doing great, and the wait have been worthwhile and fruitful. kaus&Sanu, hope there has been progress in your case.

As for me, I received a notice today saying my wife has been assigned interview at ISL embassy on Nov 3, 2009. However, she hasn't yet received anything from NVC in the mail at Pakistan. Why did i get the notice first? Does the notice that she will get for interview the same exact as the one I received from NVC? Thanks all for their help.

best wishes...

[produke 0]

ok...i am started to get worried now. hope the wife gets the letter soon. btw, does she need the interview letter to go get a medical before the interview? Can I just scan and send her the interview letter i received? The letter I received does not have any info about the medical. It seems like a short notice....

[sachinky 465]

Hmm, that is short notice. Yeah, your wife will require the interview letter to go for her medicals. And that needs to be ASAP. Either call the consulate or NVC.

[produke 0]

So I called me lawyer. he said my wife will never get an interview letter. I should just fax or scan and email her the letter the I got. She can show it to the folks at the medical office and interview.

I feel so relieved right now. I am now just days away from seeing my wife, hoping all goes well at the interview. It seems once I got out of the shitty hell hole called the USCIS, everything went smooth. I would have gotten a date a month ahead had I not been busy with studies and work. I am happy I made this far, and it has been a tough two year seven month journey.

Thanks again everyone. Best wishes.

[kaus&Sanu 0]

So I called me lawyer. he said my wife will never get an interview letter. I should just fax or scan and email her the letter the I got. She can show it to the folks at the medical office and interview.

I feel so relieved right now. I am now just days away from seeing my wife, hoping all goes well at the interview. It seems once I got out of the shitty hell hole called the USCIS, everything went smooth. I would have gotten a date a month ahead had I not been busy with studies and work. I am happy I made this far, and it has been a tough two year seven month journey.

Thanks again everyone. Best wishes.

Produke,

No progress yet on my side, but I'm very happy to here that your's is going smoother. Good Luck! And IA you will soon be re-united with your wife. I'll PM you if I need some information.

Thanks again,

Kausar

[produke 0]

Happy days are here!!! To conclude this thread, I would to tell everyone that my wife's interview was successful at ISL, and she has been granted a visa. She got her medical done 5 days before the interview, and was given 5 immunization shots. She had a sore arm for a week after her medical. On the day of the interview, she had to leave to for ISL at 3am, since the interview was at 8am. She says there weren't that many green card applicants at the embassy, but there were many for K3 visa. Apparently, the interviewers were giving hard time to many applicants, especially those under K3. When she was called for the interview, a US female interviewer asked her who is sponsoring her, and then asked what her husband does in the US. Apparently the interviewer smiled and was impressed by the fact I was a PhD student in neuroscience . After that, they never gave her hard time, and just asked her when did we get married, and when did I visit her last time in Pak. They didnt even ask for wedding pics. AT the end, the interviewers congratulated her, and said to hand in her passport, which would be returned in 3 days.

As I write this, my wife is has boarded the plane, and will be here tomorrow. We are both ecstatic to say the least.

I hope no one has to go through such a painstaking procedure to rejoin with a spouse, but if any one every gets parted from their sweet heart, please post here and keep this thread alive. Once again, it took 2 years 5 months in order for me to rejoin with my wife in the USA.

[sara..... 371]

Happy days are here!!! To conclude this thread, I would to tell everyone that my wife's interview was successful at ISL, and she has been granted a visa. She got her medical done 5 days before the interview, and was given 5 immunization shots. She had a sore arm for a week after her medical. On the day of the interview, she had to leave to for ISL at 3am, since the interview was at 8am. She says there weren't that many green card applicants at the embassy, but there were many for K3 visa. Apparently, the interviewers were giving hard time to many applicants, especially those under K3. When she was called for the interview, a US female interviewer asked her who is sponsoring her, and then asked what her husband does in the US. Apparently the interviewer smiled and was impressed by the fact I was a PhD student in neuroscience . After that, they never gave her hard time, and just asked her when did we get married, and when did I visit her last time in Pak. They didnt even ask for wedding pics. AT the end, the interviewers congratulated her, and said to hand in her passport, which would be returned in 3 days.

As I write this, my wife is has boarded the plane, and will be here tomorrow. We are both ecstatic to say the least.

I hope no one has to go through such a painstaking procedure to rejoin with a spouse, but if any one every gets parted from their sweet heart, please post here and keep this thread alive. Once again, it took 2 years 5 months in order for me to rejoin with my wife in the USA.

congratulations :dance: :dance: finally

sara