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Advice Requested: Slightly complicated case for bringing my wife to the U.S.

By jmslau in Bringing Family Members of US Citizens to America

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jmslau Newbie

jmslau   0

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Hi all,

We have a slightly complicated case mainly because of very bad advice from our attorney. We are a bit stuck and we hope the kind folks on this forum can shed some light.

The story begins...

Background.

I used to be a green card holder in the US. In October 2010, I filed for my Canadian wife's green card. For whatever reason, my attorney filled in both Seattle, WA and Vancouver Canada on the I-130 form. I think USCIS treated the case as requesting adjustment of status.

On March 2011, we received I-130 approval notice. On the notice, it stated that my wife is not eligible for adjustment of status, so they will keep the case in USCIS until I file I-824. I asked my lawyer, but he *insisted* that we don't need to file the I-824. We asked him 3 times. We were still waiting for our priority date to become current.

On December 2011, I became US citizen and we asked our attorney to send a letter to upgrade our case. We then received a letter back from the USCIS saying that the case has been upgraded and that it's now in active processing. Our attorney tells us that NVC should contact us next. The USCIS acknowledgement letter was received on Jan. 26, 2012. Until today, we still haven't heard from NVC. In fact, I have contacted them, and they said they don't have our case.

I have called USCIS numerous times over the past 2 weeks. Each time, I receive a slightly different response regarding whether I need to file I-824. One rep said we do, another rep said the case should be sent automatically. A third one told us to wait for their service request to complete. Today, I received an email from USCIS saying that they have received our service request (after 2 weeks!) and that they are reviewing it. But they seem to think that I am trying to upgrade my I-130 because under service type, it said "Upgrade I-130". I explained on the phone that's not what I want to do already.

Anyway, my wife, I, and my 6-weeks old American baby have been forced to live outside of the US because she doesn't have a green card yet. Can anyone enlighten us what we should do at this point?

- Is my attorney correct that we don't need to file I-824? Filing the I-824 will incur several more months of delay.

- Is USCIS just being slow in sending documents to NVC?

- Can we claim hardship at the border and ask for the custom officers to let us cross since I need my wife to take care of my American infant?

Thanks in advance.

canadian_wife Grand Master

canadian_wife   1,823

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Well, I cannot help you with the bulk, but you cannot claim hardship at the border of care of an infant. If your wife is the mother then the child may go to Canada. If the child is not, why can't you hire a nanny?

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

I used to be a green card holder in the US

What are you, now, specificially?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

sheeshkabelle Proficient

sheeshkabelle   153

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

You can not get hardship for having an infant.

You're in a bad situation made worse by a bad attorney.

Call your congressmen and any and all of your senators in your home state. Go to their respective web sites and download and fill out their Release of Information forms. Send them all letters explaining the situation. Do not send the letters to their offices in Washington, send them to their 'local' office in state. About a week after you mail them, follow up with phone calls.

I can guarantee you one of them will get to the bottom of it, and get USCIS on the ball.

USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

jmslau Newbie

jmslau   0

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
  • Author
Posted

You can not get hardship for having an infant.

You're in a bad situation made worse by a bad attorney.

Call your congressmen and any and all of your senators in your home state. Go to their respective web sites and download and fill out their Release of Information forms. Send them all letters explaining the situation. Do not send the letters to their offices in Washington, send them to their 'local' office in state. About a week after you mail them, follow up with phone calls.

I can guarantee you one of them will get to the bottom of it, and get USCIS on the ball.

Thank you all for your advice so far. I will definitely give my congressman and senators a call.

Has anyone been in a similar situation as me? Should I be filing the I-824?

 
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