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Chris Balan

Joint Motion to Reopen

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Hi all,

My wife and I have been married for two years, but have been together for 3 years almost. I am a citizen and I applied for her papers right after our wedding. The situation with my wife is she has been here since the age of 7 (she is 24 now). In 2004, her and her family was ordered to leave the country but her parents decided to stay.

I applied for I-130 and it got approved in January of 2009. Since she has a prior case open, our lawyer decided to file a "Joint Motion to Reopen". Within the two months of filing, US Immigration and ICE (immigration and custom enforcement) consented to join in the motion to reopen request. ICE also agreed to TERMINATE the reopened proceeding to allow my wife to pursue change of status. All these happened in Oct of 2009. We have not heard anything back regarding the outcome. We keeping bugging our lawyer for some status, but he says since its the government attorney who is filing the motion it is out of his control. After that, the BIA (board of immigration) takes over the case and that might take a while.

My question is, do any of you guys know how long the process might take? And is there a way get a status of the case directly without needing my lawyer? I am getting really impatient. I hope you guys understand.

Thank you all.

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Filed: Citizen (apr) Country: Canada
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Moved from K-1 forum to AOS from a work, student & Tourist visa as that is what the OP and his wife are trying to do.

Chris Balan - you should change your profile information and remove the K-1 status as you are not applying for a fiancee visa, but applying for Adjustment of Status from an overstayed visitor's visa.

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