Need Advice - our I-130 "Outside of processing dates"

[AngelnSteve 0]

Hi, my wife (US Citizen) and I (UK Citizen) were married on August 8th 2008 in the US, sometime after I returned home our immigration lawyer filed an I-130 and I-129:

@ VSC

I-130 received on December 10, 2008

I-129F received on December 30, 2008

My wife called the USCIS customer service centre today to ask if there was any information on our application (nothing mentioned online) and she was told by the guy that they are now processing January 11th for the I-130 and that our case is outside of processing dates and that she will need to make a Service Request and wait 45 days to find out what's going on.

What should we do - is it true we are going to have to wait a further 45 days just to find out what's going on with our processing?

[Arthur Roberta 1]

Hi, my wife (US Citizen) and I (UK Citizen) were married on August 8th 2008 in the US, sometime after I returned home our immigration lawyer filed an I-130 and I-129:

@ VSC

I-130 received on December 10, 2008

I-129F received on December 30, 2008

My wife called the USCIS customer service centre today to ask if there was any information on our application (nothing mentioned online) and she was told by the guy that they are now processing January 11th for the I-130 and that our case is outside of processing dates and that she will need to make a Service Request and wait 45 days to find out what's going on.

What should we do - is it true we are going to have to wait a further 45 days just to find out what's going on with our processing?

As you are outside the "published normal processing times" you can ask for an inquiry into your case. USCIS can tell you that you will have to wait up to 45 days for this to be processed. However what I would do (what we did) was to contact your congressman's immigration rep to make an inquiry regarding your case. You will have to get them to send you a form which is signed by the petitioner (USC) giving authority for the rep to make inquiries regarding your case. This is the best way to go forward. What you need to be aware of is those other cases CR-1 similar to your own and look at their individual time lines. You will see it took us 7.7 months 231 days from NOA 1 to NOA 2. So that gives you an idea of when to expect an approval.

I do hope this is useful to you.

Best Wishes

Arthur and Roberta

Edited June 15, 2009 by Arthur Roberta

[seperatedfor2long 0]

Wow, this is extremely specific info about processing dates. I just noticed that they posted on their websites that processing time at VSC is now at five months, but knowing the date is great. My petition was received on January 26th, so I'm hoping this is a positive sign that something will be in the mail soon.

[AngelnSteve 0]

Thanks Arthur Roberta, my wife will be doing as you advise - it was very disheartening to discover we're in this position.. as if the seperation wasn't bad enough.

Best of luck seperatedfor2long - hopefully you're not in the same boat as us.

[KarenJohn 3]

My husband is a British citizen too. We've been waiting nearly 11 months for the I-130 and 9.5 months for the K-3. I've had two Service Requests put in for our cases, two InfoPass appointments, and one Congressman David Price step in.

VSC is dreadfully slow. I'm so thankful that my husband has been able to come to his US home every 8 weeks and stay for nine days. That's been great during these trying times. Though being here forever with us (my daughter and I) would be the best.

Pull a chair up and hang out with the rest of us VSC'ers. :-)

[AngelnSteve 0]

How does he return to the US? - as I understood it I cannot visit my wife whilst the visa process is in place.. it would make a world of difference to be able to see her once in a while at least.. been 8 months online and webcam

[mahdi1474 0]

Hi, my wife (US Citizen) and I (UK Citizen) were married on August 8th 2008 in the US, sometime after I returned home our immigration lawyer filed an I-130 and I-129:

@ VSC

I-130 received on December 10, 2008

I-129F received on December 30, 2008

My wife called the USCIS customer service centre today to ask if there was any information on our application (nothing mentioned online) and she was told by the guy that they are now processing January 11th for the I-130 and that our case is outside of processing dates and that she will need to make a Service Request and wait 45 days to find out what's going on.

What should we do - is it true we are going to have to wait a further 45 days just to find out what's going on with our processing?

I was in the same situation like yours. After 9months helplessly waiting, I received an email from USCIS today saying that my case has been approved . I lost all that excitement I used to have before. I submitted my application on sept 14th last 08. After 7 months waiting from an approval, I decided to call USCIS and find out what was going on. The lady I spoke with said that case is out of the processing time. she opened a service request for me and I was asked to call back after 45 days. After the 45 days passed, I decided to call back. I was told this time that they have to open a new service request because nothing happened during those 45 days. I got so depressed and exhausted of this unclear and bureaucratic process. I decided to follow the advice of some who had the same case. I got in touch with my congressman as well as my State Senator. The Staff working for my Senater were kind enough to call me back and give me some updated about my case. I was told that my case will soon be processed. Two weeks later, I received an approval. my thoughts to you is to do likewise. Good Luck to you.

Edited June 16, 2009 by mahdi1474

[AngelnSteve 0]

Thanks, my wife is going to try and see if she can get some help from he State Senator, I fear the liklihood of experiencing a further Service Request after the following 45 days is quite high.

All posts are appreciated.. feel like I'm in limbo

[Arthur Roberta 1]

What I would suggest though is that you pursue the CR-1 visa. I can through personal experience tell you that the K3 visa is not only expensive but is also a tremendous amount of hassle. We sincerely hope that your approval is soon in coming as it at least gives some form of hope that the process will in fact end.

Best Wishes

Arthur and Roberta

[AngelnSteve 0]

We are considering that, at this point the primary concern is to be able to get to see one another as soon as possible.. my wife and her (our) children are going through a very difficult court case over there with her exhusband - they have very little emotional support and their well being is potentially at risk considering the probable outcome of the case.

We are all so stressed as it is and being so far from them is torturous, I can only deal with hearing so much distressing information from a loved one where your only natural response would be to give them a hug.

[imaisha 0]

How does he return to the US? - as I understood it I cannot visit my wife whilst the visa process is in place.. it would make a world of difference to be able to see her once in a while at least.. been 8 months online and webcam

You can absolutely try to come visit. My husband has been here twice for two months each time (under the VWP) and many others have been successful, especially coming from the UK. It's important that you bring proof of ties to the UK (rental agreement, letter from employer, car lease etc.) and the NOA1 to show you're going about things the legal way. You also have to understand that you can always be turned right around and put back on the plane. It's always a gamble but my husband was honest with the immigration officer and told him he was here to visit his wife- they didn't ask for any proof of ties and they told him to have a wonderful time. Others haven't been as lucky but it might be worth a shot. I know it meant the world for both of us.

[AngelnSteve 0]

My understanding is that should they decide to deny entry for whatever reason (and given that use of the VWP states something along the lines you accept you have no right to appeal) that it would change everything - for a start I would then have been denied entry to the US which could jeopardize the current petitions in place if not just create more red tape.

Pleased that it has worked out so far for you - guess I'm just not a risk taker

[imaisha 0]

My understanding is that should they decide to deny entry for whatever reason (and given that use of the VWP states something along the lines you accept you have no right to appeal) that it would change everything - for a start I would then have been denied entry to the US which could jeopardize the current petitions in place if not just create more red tape.

Pleased that it has worked out so far for you - guess I'm just not a risk taker

Nope it shouldn't have any effect on your petitions. Arthur (I think) of Arthur and Roberta was denied entry before they applied and they have just had their I-130 approved. It's just a matter of whether you can afford to potentially lose the money on the flight.

If you're really concerned you can try flying out of Dublin first. You go through U.S. customs there before you board the plane for many flights.

[Serendipity_ 0]

Hi, my wife (US Citizen) and I (UK Citizen) were married on August 8th 2008 in the US, sometime after I returned home our immigration lawyer filed an I-130 and I-129:

@ VSC

I-130 received on December 10, 2008

I-129F received on December 30, 2008

My wife called the USCIS customer service centre today to ask if there was any information on our application (nothing mentioned online) and she was told by the guy that they are now processing January 11th for the I-130 and that our case is outside of processing dates and that she will need to make a Service Request and wait 45 days to find out what's going on.

What should we do - is it true we are going to have to wait a further 45 days just to find out what's going on with our processing?

You should file a service request as well as an request an expedite.

Good Luck

[gogo 6]

here you go.. but only after 1 year though.. otherwise, USCIS can just have reason to dismiss the lawsuit..

http://www.visalaw.com/05feb3/2feb305.html