AWA: 3 years married, no greencard yet

[music678 0]

Thats awesome! I'm so happy for you guys! Can you tell us the process you guys went through from start to finish?

Thank you Nonversation. I sent you an email.

[Deputy Purple 1,294]

Thank you Nonversation. I sent you an email.

Music, please don't keep this information private. Maybe start a new thread and share it with others who are in a similar situation.

[C0881 2]

Music678 congratulations to you guys!!! Even though it's not me I am so glad you finally achieve big progress towards your "journey"!!! I also want to know what you guys did to get this worked. Did you hire a lawyer or do it yourself? Please start a new thread to share? I am hopeful too...

[kazuava 4]

hello.

A few updates on my case...

I'm very frastrated today. I scheduled an Infopass appointment on 65th day since we sent reply on NOID. The reason for Infopass was to make sure USCIS receved our reply (even though we have a confurmation from FedEx) and it started to be prossesed.

THere were no updates in a USCIS system the officer could find. She said that case is still pending, and she saw that we were sent NOID, but she doesn't see any notice about our reply. She also said that NO agent was assigned to work on a case yet.

We wanted to hear if our NOID was attached to a file, so she went to look for a file and came back with a news that she could not find file at all and it was attached to our frevious file, the one we filed in 2007 and were denied in the end of 2007.

(In early 2008 we filed again and regulary going on hearings on remuval prossedings after 1st denial. Have to say here, that all those 2 years that I'm in a remuval prossedings, court hearings are kept being reset for later, because Court is waiting for a decision on a 2nd file. Since having 2nd file pending is my relief from remuval now).

Anyway... Back to a subject.

Not a long time ago somebody in USCIS for some reason combined two totally unrelated files and the officer at Infopass couldn't even find a file now because it is with my 1st one in court.

While it is in court no one is going to work on it.

Untill there is a decision on a 2nd case, court will not work on 1st, denied case. Vicious circle?

Why did I say that it happened resently that somebody combined 2 cases together? Because on the date of my last court (in late Feb 2010) 2nd case was not in Court.

No, 2nd case is NOT denied. It's showing pending with no agent assigned.

SO, instead start adjudicating our reply for NOID somebody... hide it well in a court system, so no one can even get to it now.

I'm very happy that I made this Infopass... I will have Court hearing again in just a few days, so I hope we will strait things out there.

2nd case, while it's pending has no business to be in court. It needs to be in USCIS office and somebody to be assigned to it (after 2.5 years!!!) and work on it, to have any decision born! (Hopefully a good one!)

I just feel like USCIS passes AWA files from one corner to another, and nobody wants to start working on cases. Yes, there are some cases approved, some, unfortunatelly, denied, but most are pending for months and years.

Again... For me, Infopass is the way to go. 2nd time we find case in ... inproper location. Like the last time, after not hearing after interview anything for 8 month, I went to Infopass, and it was found and moved "in a proper location", like the officer said and after that we finally got NOID. AT that time my case was already pending for 2 years.

So... We will se what happens at Court. And I will schedulle another Infopass in about 60 days, just to know in what hole they put it then. Hopefully, it will be at somebody's desk who is assigned to work on it. Then, we may hope to hear decision eventually.

May be everybody should schedulle Infopass?

[kazuava 4]

Another update.

Today we had Master Hearing again. Yes, my pending case was sent to Court, just a procedure, in case, prosecutor wants to review it. After Court it is going to be send backk to USCIS. SO, hopefully, somebody will start working on it. THe good news for me was that prosecutor proved that they received our reply for NOID.

Judge was not happy with all this tossing a pending case from USCIS to Court and back, since she doesn't see a reason for it. I agree. What for? Just to loose another 2 months, while somebody could be working on it and making a decision?

In 30-40 days I will make another Infopass appointment, to see, if there are any updates...

THe Master hearing was reset for another 6 months to see if there going to be any decision on my 2nd case then.

[evli1966 88]

Another update.

Today we had Master Hearing again. Yes, my pending case was sent to Court, just a procedure, in case, prosecutor wants to review it. After Court it is going to be send backk to USCIS. SO, hopefully, somebody will start working on it. THe good news for me was that prosecutor proved that they received our reply for NOID.

Judge was not happy with all this tossing a pending case from USCIS to Court and back, since she doesn't see a reason for it. I agree. What for? Just to loose another 2 months, while somebody could be working on it and making a decision?

In 30-40 days I will make another Infopass appointment, to see, if there are any updates...

THe Master hearing was reset for another 6 months to see if there going to be any decision on my 2nd case then.

Thank you fo rthe update.

When did the court start following your case and why?

Would there be a reason for anyone else to go to court besides appealing?

[kazuava 4]

Thank you fo rthe update.

When did the court start following your case and why?

Would there be a reason for anyone else to go to court besides appealing?

WE applied 1st time back in 2007. We were sent NOID then as well, but were given only 30 days to reply, and we missed a deadline. So we were denied. We reaplied, since at that point we would likely loose appeal because of missing a deadline for NOID. And all denied cases, if they are not appealed go to Court (remuval prossedings). If our 2nd case is approved, remuval prossedings will be terminated, if denied, we will have to appeal or fight it in court.

If you appeal, case doesn't go to court untill you exaust all possible ways to appeal... I don't worry about Court right now, since while 2nd case is pending they will not do anything. I worry about destiny of our 2nd case.

[kazuava 4]

I haven't been posting anything for a while, since there is really little progress on a case.

But life is moving: we are married for 4 years now and recently we had our 2nd daughter born. SHe is adorable! She smiles so bright and Dad is her favorite person. Also, to fell a little better, I hope to start college this Jan. But I started admission prosess so close to a deadline that I'm not sure if I will make it for Spring Semester...

And Infopass a week ago revied that my case is being actively prosessed but there is no decesion yet and there is no prosessing deadlines for I130 petition, but they hope to have it decided on some time in 2011...

So, new year, new hopes and new child to love and take care of!

I wish all of the aplicants good luck with their process and have a great holiday season!

[minipie 1]

hello, tel_raider. reading your last post, the 1st thing comes in mind, be patient. YOur case is going through the typical AWA senario. Now, cince they determined that your case falls under AWA, they will have to make a decision if HE is a theat to you. The good thing is, that so far your case was moving pretty fast. But now you are at a critical stage. You are also at the same stage I am. We sent all courrt capers and so on WITH our petition. At the interview, IO spent most of the time going through those papers with my husband and, apparently half of then were missing, so she was taking our copies, we had with us...

My interview was 5 months ago and IO said she will send us a request for what she thinks is a proff of my husband being not a threat to me (those papers are not a proff, they get IO an adea about what happened in your husbands past).

And the reason I went to this forum was to find out from those AWA petitioners who got approved, if they sent proff by themselve or they where waiting for USCIS sent a letter requesting it. Unfortunatelly none of those people reply.

They already accepted your petition, evaluated it and stated that it's under AWA. Thay can't deny you just because of it. But now there are decisions to make: wait for any kind of actions from USCIS, thinking, that eventually something going to happen and USCIS is a serious organisations and they will not have cases pending forever, or act yourself.

Act yourself, means to sent all proff you can. But here you have to be carefull, because AWA petitioner has only one attempt to prove he is not a threat. And, that is scary. You would think, that if you send not enough, USCIS would simply ask for more, but I'm afraid that they may simply deny, using that as a cause (like, well, you havent proved for us anything.... F..k you.).

Readung through forum, I have seen people proving themselve not a threat. What they sent is impressive. Yes, they did polypraph too. So, if you decide to act first, make sure you treat it seriously.

Otherwise, wait, live your life (they haven't deny your already, they will not too. With all that mess, they still need to state why thay are denying you. Just because your husband is AWA petitioner is not a reason. That is why USCIS changed their policy to NOT accept AWA petitions an a 1st place, because after accepting, things complicate. I thing, that is why AWA cases are on hold for such a time, because that is not that easy to deny, but they are undesirable for processing... Here I have to say that I saw a recent post of a guy who were denied. I really want to write him, I wonder what is stated in a reason for denial. In my denial it was "refusal to comply", when we missed deadline, but not AWA itself. It can't be!)

So, the worst what can happen it a LONG wait... And I mean LONG... You have your work permit and nurse licence. CONGRATULATIONS!!! I know, it's sounds hard but you will get used to a day going after day with no news... That's why, don't get crazy. You can do everything what a person with a green card can, and in a year if you have to, you can renew you work permit.

So, for now, I thing just wait. But it may make sence wait with perpose: save up money for expensive evaluations, work on gathering proff, get in touch with those who got approved! Consult your lawyer about if to send proff on your own.

Another thought PRO sending proff yourself is, that in USCIS guidelines states that the burden is on AWA petitioner to prove he is not a risk (crazy, even murders are assumed to be innosent untill proven guilty in court. And to prove theirs guilt is a prosecutor duty!). What is unclear for me is will we, you, somebody else ever see a request for that prove, or our cases are going to be pending for undefinite time?

That is a ? for your lawer, but I want to hear also from people who went through it!

Our lawyer recomends to wait, but my case is still differend then yours, because I have this courts hearing going on, and I saw that judges were unhappy to keep resetting them. So, may be that will make USCIS move. Otherwise, we have faith in law suits if we have to go through them. Lets say I got denied 2nd time (not yet ), then Master hearing on the 1st case will finally not reset, but held. On it individual hearing will be set and that is where we ARE GOING TO WIN IT!

Reading through forum, 90% of cases like ours are pending. That's why, with your lawyer help it may be a good idea to send proff of him not being a risk for you on your own.

So, don't act like the worst had happened. What state are you at? In my state I found a polygraph place for less then a 1000. Set a goal for 10 000 to save. With your work you can! Put yourself together and make it through interview! 10 000 Enough for all proff. More than enough. And hopefully in the end you will not need to spend it all on it on this #######!

I will keep your posted!

[kazuava 4]

dear friends! I appreciate the messages some of you sent me asking and worrying about how my case is going. I apologize for taking my time to reply, and will do it to each of you personally after this short update.

Well... As you might know, after 2nd denial we appealed in Feb 2012, and so far I didn't hear anything from BIA yet. Still waiting and hoping...

I hope that the people who work in USCIS can sleep better then I do after 6.5 years of fight to simply be with the person I chose to be my husband.