Will there be any problem to refile for I-130???

[andy777 0]

Hi all,

My case was return on March 09. It's pending at VSC . I already hired a lawyer and just waitng for VSC to give me a chance to appeal. But it been more then six months now and nothing happen. I heard VSC take forever to let u appeal. I am thinking to refile I-130 while waiting for the appeal because I heard there are people already waiting almost 2 years and VSC still didn't touch their case. Will there be any problem when i refile????

[Anh map 2,098]

What does your attorney say about your situation?

Did you make another trip to Vietnam?

[feelinglucky 1]

Andy, I think if you have already gotten a lawyer. He should have made you aware if the option for you to reapply really exist in your case. From what I remember only K1 petition has an expiration date, after that date. The petition is free to file a new petition. But in your case I think that IR/CR1 have no expiration date, therefore you have to wait it out. Also, you can try to speed things up on your own by doing what I did. You can call your service center directly and bug them every week about the status of your case, and if you get lucky like I did, one of the officer you speak to might help you get the ball rolling. These are the steps to connect to your local service center.

1) call (800) 375-5283 National Call Center

2) Press 1, 2, then 1

3) Enter your receipt # and confirmed by pressing 1 when prompted

4) your will start to hear the status of your petiion, immediatly press 1, 3, then 4

5) you will hear that you are being transferd, Then you will hear the welcome message for VSC, there you will be on hold till an officer picks up.

I know this works for CSC but Iam not sure it will work for VSC. I think it should let me know if it does

When you speak to them they are acutal immigration officers. They can tell where your file is in the building. Whether its siting in the file room, in transit to an officer or in the posession of an officer. Always get the officers name when calling after awhile they will start to remember you. After they acess your file on the computer you will see it touched on USCIS website the next day. Some are more helpful than others, but all are professional and knowledgable not like the idiots at USCIS. Remember that your wife is counting on you. If you dont try , Who's going to ? Good Luck

[andy777 0]

What does your attorney say about your situation?

Did you make another trip to Vietnam?

When my wife failed her interview on Feb 09, I went back to Vn the next week. I called the consulate to make an appointment but they deny it. They said my case is already send back to USCIS and there nothing they can do.

Once I return to US, I hire a lawyer to appeal. On Sept 09 I went back to Vn again to celebrate my wife and my birthday. Took a lot of pictures for evidencce.

Right now we dont know what to do. How long do we have to wait for the appeal..... It's so stressfull when I call USCIS and they wont give me the time waiting for the appeal. Time is torturing for me and my wife.. Anyone on the same boat please share your case.

[Hell0W0rld 10]

if you have a fax machine, call IRS and tell them to fax it to you, you could get the transcripts in 15-20mins, your husband needs to be there to verify identity though, so plan a date and make that call..