Appeal Processing Times?

[LostInConfusion 0]

Hello all.

I'd like to know if anyone has had a denial from the USCIS and then appealed? If so, how long did it take to receive (any) decision on your case? Was it finally approved or denied? We've started the I-130 (and I-129F, which later became useless) process over 2,5 years ago and got an intent to deny a year ago and then a denial notice on March 2010. We immediately appealed, have left a few service requests since, but we're still waiting on a decision and the ability to make some plans for our future. We've lived in separate countries this whole time (and the few years before we got married) and would like to be (re)united.

Thanks in advance.

Edited September 16, 2010 by LostInConfusion

[Darnell 8,478]

what's the word, for today, from an ISO ? http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#5

[LostInConfusion 0]

what's the word, for today, from an ISO ? http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#5

Are you asking me what the officers are saying when we call them? Nothing. They merely say it's being processed. But that's the message we've got for a couple of months now. T They've only informed us that there's no actual timeframe within which they HAVE to decide on these cases - even though they told us a couple of months ago that it's usually about 5 months. I'm a biiiiit confused as now they in fact said there's no time limit. Ugh. Surely the national average for the whole process is 5 months but we've waited quite a bit longer and apparently they CAN make us wait forever, if they feel like it? That's why I was asking around if anyone has been in the same situation.

[Darnell 8,478]

ya, I did mean an ISO - my apologies if that wasn't clear -

Tier 1 ppl are clueless

Tier 2 ppl (an ISO) can look up things, tell you the results of service requests, tell you what the status is...

sometimes you must ask the right questions though -

I'm sure yer staying on top of this, but if I was doing the asking - I'd be asking, of an ISO:

--where's the casefile today?

--what's the status on the USCIS review?

--we hit the right window to file an appeal, and filed an appeal, what's the result for that ?

[LostInConfusion 0]

Thank you again, you're being very helpful!

For some strange reason these people seem very reluctant to answer anything when we call them. All they say is that "it's being processed" and that's it. No news on if it's making progress or just sitting in a drawer somewhere or what not. However, I think that the first thing next Monday, I'll have my spouse call them (once again) and ask the very questions you just pointed out. The funny thing is... I don't really trust these "service requests" anymore as we had left 6 during one year at some point and got nowhere. Then FOR ONCE our case was escalated higher up (due to my spouse's congressman being involved) and we learned that basically all of our service requests went straight into the Z-folder, or whatever you'd want to call it. They were looked at, marked down as resolved and left to sit somewhere, without anyone taking another look. Why? I have no idea. I'm pretty suspicious of anything that the USCIS says they'll do at this point, seeing as thusfar they've managed to fail at so many things

[Darnell 8,478]

ya, I feel yer pain - but please remember -

I really am hoping yer wife will speak to an Immigration Service Officer, Tier 2 Human, at USCIS.

Tier 1 people (the ones that answer the phone) are useless.

How to get an ISO? Each time ya get a human, ask for an ISO.

[LostInConfusion 0]

Actually, I'm the foreign wife, my husband is the American. :]

[missads 59]

Are you asking me what the officers are saying when we call them? Nothing. They merely say it's being processed. But that's the message we've got for a couple of months now. T They've only informed us that there's no actual timeframe within which they HAVE to decide on these cases - even though they told us a couple of months ago that it's usually about 5 months. I'm a biiiiit confused as now they in fact said there's no time limit. Ugh. Surely the national average for the whole process is 5 months but we've waited quite a bit longer and apparently they CAN make us wait forever, if they feel like it? That's why I was asking around if anyone has been in the same situation.

I have had the same experience with them. They say only the average is 5 months, but even though it's been longer than that since I applied, they won't admit that my case is overdue. Because, each case is different and they CAN take forever, if they so decide.

I gotta talk to a Tier2 ISO like Darnell says. Talking to Tier 1 is like banging your head against a wall... they don't give out ANY useful information ... just read from a script ... pointed questions are met with vague replies

[LostInConfusion 0]

Heh, just when we thought the USCIS couldn't screw up anymore, they've once again outdone themselves This time around we found out that somehow they had put my name on the appeal as the person appealing, which then resulted in the Tier 2 officer unable (or unwilling) to give info to my American husband. So -I- had to call them and ask for the info and they seemed to be a bit "oh sh*t" about their mistake (again) and said that since our case is so far out of processing times (like what, 2 years?) that they'd make another service request and we'd receive a letter about the status of our appeal by October 8th. Hrmh. We'll see. If things go the way they have been, we'll get another "we're still processing your case, end of story" -letter, but the person I spoke to said that it MIGHT include an estimated timeframe. Good thing he emphasized te "might". Anyway, here's hoping that we'll get somewhere now that the case has again been throughfully poked around...

But, hey, thanks again for your good tips, without them we wouldn't have found out about all this mess and would've probably forever waited to hear about the appeal, since they had me down as the person appealing!

[sulaiman 0]

Heh, just when we thought the USCIS couldn't screw up anymore, they've once again outdone themselves This time around we found out that somehow they had put my name on the appeal as the person appealing, which then resulted in the Tier 2 officer unable (or unwilling) to give info to my American husband. So -I- had to call them and ask for the info and they seemed to be a bit "oh sh*t" about their mistake (again) and said that since our case is so far out of processing times (like what, 2 years?) that they'd make another service request and we'd receive a letter about the status of our appeal by October 8th. Hrmh. We'll see. If things go the way they have been, we'll get another "we're still processing your case, end of story" -letter, but the person I spoke to said that it MIGHT include an estimated timeframe. Good thing he emphasized te "might". Anyway, here's hoping that we'll get somewhere now that the case has again been throughfully poked around...

But, hey, thanks again for your good tips, without them we wouldn't have found out about all this mess and would've probably forever waited to hear about the appeal, since they had me down as the person appealing!

Hi, so , when you say appeal, do you mean you actually have to file some form for that. if yes please let me now what form it is, and good luck in your case.

Thanks

[Darnell 8,478]

Whew ! Well, at least it's something positive, some visible movement... That's always a good thing.

Tell yer friends, ah? Tier 2 Humans are important.

You might want to revisit post 4 here - keep those questions written down in front of both you and yer husband, when ya call in again -

a service request is useful, sure, but those 3 questions? no service request needed, really. IMO, the confusion lies in the proper routing of the 'documents submitted for appeal' - you really need to know IF they were put in the casefile prior to that expiration date. An ISO is supposed to be able to 'see that' on their computer screens, they have the right access , so to do.

Edited September 23, 2010 by Darnell

[LostInConfusion 0]

Well well... so we didn't receive anything BY October 8th. Why? The appeal is still in my name. When my husband finally DID get the letter from the USCIS, it simply stated they won't give him any information as he didn't do the appeal. Yeah so it magically appeared at the USCIS office. So anyway... now that he called them again, they just said they can't tell him anything and that I should call. We made a point about how I was treated the last time I did call them (after my husband hadn't received anything) I immediately asked for an officer, but didn't get one. Same lady stayed on the phone. I said "Oh I didn't realize you were the officer." She continued with the case, instead of escalating me anywhere and refused to give me info on the appeal that was in my name and my husband couldn't get info on. She just kept insisting that he should contact them and that I'm not entitled on the info since I'm not American. She said we should call the USCIS together. I pointed out we live in different countries. She said we should do conference calls. Right. So anyway... moving on...

Current situation is that we have to wait until after Nov 8th to APPLY for my husband's name to be moved as the person who made the appeal. Fantabulous. On top of that our case is still in the same stage it was at the end of march when they got the appeal. Hasn't moved. I read from the Embassy's website that immigrant (spouse) visa processing CAN take up to 36 months. But even that time is almost due... Uhhhhh... The situation is insane to say the least.

Is there anything we could do to speed up the appeal process? Maybe ask for experidited processing based on financial disadvantage to a person (that'd be me) or such.