my form i 130 is still not approved after 5 years

[nii ayi 0]

DURING MY INTERVIEWED PROCESS 6 YEARS AGO IN MY COUNTRY, I WAS NOT MARRIED BUT I GOT MARRIED IMMEDIATELY I FINISHED THE PROCESS KNOWING THAT ILL BE MIGRATING TO THE U.S, BY THEN I HAVE NOT BEEN ISSUED WITH THE GREEN CARD. SO WHEN I CAME TO U.S I SUBMITTED MY MARRIAGE CERTIFICATE IN ADDITION TO MY GREEN CARD TO FILE FOR FORM I 130 FOR MY SPOUSE.AT THE TIME I GOT MARRIED I DIDNT KNOW I HAVE TO INFORM THEM OF MY STATUS CHANGED. NOW MY PETITIONED HAS BEEN FIVE YEARS AND OVER AND ITS STILL NOT BEEN APPROVED.WHAT ARE MY CHANCES OF BRINGING MY WIFE HERE AND IS MY GREEN CARD STILL VALID, HAS ANYBODY FOUND HIM OR HERSELF IN SUCH A SITUATION AND WHAT WAS THE OUT COME, I NEED ADVISE

[Darnell 8,479]

you not speak of current status of the casefile.

Please call into USCIS today when they are open, and inquire for casefile status. Whilst yer there, get an ISO, and ask if any 'returned mail pieces' on you.

[RICARDO4EVA2 194]

DURING MY INTERVIEWED PROCESS 6 YEARS AGO IN MY COUNTRY, I WAS NOT MARRIED BUT I GOT MARRIED IMMEDIATELY I FINISHED THE PROCESS KNOWING THAT ILL BE MIGRATING TO THE U.S, BY THEN I HAVE NOT BEEN ISSUED WITH THE GREEN CARD. SO WHEN I CAME TO U.S I SUBMITTED MY MARRIAGE CERTIFICATE IN ADDITION TO MY GREEN CARD TO FILE FOR FORM I 130 FOR MY SPOUSE.AT THE TIME I GOT MARRIED I DIDNT KNOW I HAVE TO INFORM THEM OF MY STATUS CHANGED. NOW MY PETITIONED HAS BEEN FIVE YEARS AND OVER AND ITS STILL NOT BEEN APPROVED.WHAT ARE MY CHANCES OF BRINGING MY WIFE HERE AND IS MY GREEN CARD STILL VALID, HAS ANYBODY FOUND HIM OR HERSELF IN SUCH A SITUATION AND WHAT WAS THE OUT COME, I NEED ADVISE

You are really lucky to not have been denied entry 6 years ago since you got married BEFORE you entered the USA. The VISA became VOID/NO GOOD when you decided to get married between the interview and the visa issuance ( you know what you were doing.) At this point since you were pardoned.. it's in your interest to be humble and just submit a service request via USCIS customer service or make an info pass and speaking to a immigration rep. in person.

[nii ayi 0]

You are really lucky to not have been denied entry 6 years ago since you got married BEFORE you entered the USA. The VISA became VOID/NO GOOD when you decided to get married between the interview and the visa issuance ( you know what you were doing.) At this point since you were pardoned.. it's in your interest to be humble and just submit a service request via USCIS customer service or make an info pass and speaking to a immigration rep. in person.

IT WAS NEVER INTENTIONAL, IT WAS A GENUINE MSTAKE ON MY PART. BUT I HAVE BEEN TRAVELLING EVERY YEAR TO AFRICA AND I NEVER HAVE PROBLEM AT THE POINT OF ENTRY, I HAVE GONE FOR NATURALIZATION INTERVIEW AND THE ISSUE DIDNT CROP OUT AT THE INTERVIEW. IM STILL WAITING FOR DECISION ON MY NATURALIZATION. I DID THE INTERVIEW 6 WEEKS AGO. MY FORM I-30 HAS BEEN APPROVED YET

[velrich 50]

IT WAS NEVER INTENTIONAL, IT WAS A GENUINE MSTAKE ON MY PART. BUT I HAVE BEEN TRAVELLING EVERY YEAR TO AFRICA AND I NEVER HAVE PROBLEM AT THE POINT OF ENTRY, I HAVE GONE FOR NATURALIZATION INTERVIEW AND THE ISSUE DIDNT CROP OUT AT THE INTERVIEW. IM STILL WAITING FOR DECISION ON MY NATURALIZATION. I DID THE INTERVIEW 6 WEEKS AGO. MY FORM I-30 HAS BEEN APPROVED YET

Is the I-130 mentioned above for yourself or for your wife? You are not being very clear. Since You already went for your naturalization interview it would appear that you must have already received your green card.

[nii ayi 0]

Is the I-130 mentioned above for yourself or for your wife? You are not being very clear. Since You already went for your naturalization interview it would appear that you must have already received your green card.

YEAH. MY ISSUE IS THAT I GOT MARRIED AFTER I FINISHED MY INTERVIEWED PROCESS AND BEFORE I WAS ISSUED MY GREEN CARD 6 YEARS AGO BEFORE I MOVED TO U.S AND I USED THA MARRIAGE CERTIFICATE TO FILE FOR MY SPOUSE, NOW AFTER 5 YRS THE APLLICATION FOR MY SPOUSE IS STILL NOT APPROVED. SO I WANT TO KNOW IF I WILL BE REMOVED FROM U.S AND WETHER I HAVE A CHANCE TO BRING MY WIFE HERE

[Darnell 8,479]

so, after the interiew in the 'home country', you were approved for the visa.

Then you got married in the 'home country'.

Then you left the 'home country' using your visa, came to USA,

where your greencard was issued.

After you received your greencard, you filed an I-130 for yer wife, with your status being a Legal permanent Resident.

You have heard no status back on the petition, to date. No RFE, No Approval Notice, all you have is an I-797-C formletter , the receipt notice.

You have a worry about your marital status between the time of 'visa issued' , where you were single, to current date, where you've been married all this time.

IMO, since you were single at the time the visa was issued, that's not a concern.

Have you had to renew your green card, or no? If yes, did you list your status as married and list your spouse anywhere?

Going forward, if you are now a USCitizen, you should let USCIS know about it so that your status can be upgraded - once it's upgraded, there may be some quick movement at USCIS for the I-130 . You can do that after the swearing in ceremony.

You truly need to use a telephone, call into USCIS , get an ISO, and have a longish conversation.

At a minimum, you must discover if there are any 'returned postal pieces' on you - if so, that's a problem. It might be a big problem (if there was any RFE issued and you never receive the notice) or a small problem (where it was an approval notice, with further instructions about what to do once the casefile arrives at the storage vault).

I guess your primary concern is that you may be viewed as lying on an immigration form, ages past, and since is the appearance of lying, your application for USCitizenshiip will be denied.

Come back, read this post a few times, answer as you can, when you can...

But do make that phone call into USCIS on Monday, get an ISO.

ISO - http://www.dhs.gov/files/publications/gc_1305658440339.shtm

Good Luck !

[nii ayi 0]

DO YOU THINK THAT MY GREEN CARE WILL BE REVOKED BECAUSE THEY WILL THINK THAT I GOT MARRIED BEFORE I RECIEVED MY GREEN CARD. AND WHEN I WENT FOR THE U.S CITIZENSHIP, THEY NEVER ASK ANYTHING ABOUT MY MARRIAGE AND THE PETITION FOR MY WIFE.

[ceadsearc 516]

DO YOU THINK THAT MY GREEN CARE WILL BE REVOKED BECAUSE THEY WILL THINK THAT I GOT MARRIED BEFORE I RECIEVED MY GREEN CARD. AND WHEN I WENT FOR THE U.S CITIZENSHIP, THEY NEVER ASK ANYTHING ABOUT MY MARRIAGE AND THE PETITION FOR MY WIFE.

It's likely. You DID get married before you got your green card. A visa is NOT a green card and the fact that you became a permanent resident upon entering the US does not mean you were one before entering the US.

Edited July 15, 2012 by ceadsearc

[Darnell 8,479]

ceadsearc - you are stating this is a problem, and I am stating it is not.

In the end, it's on USCIS to decide,

but it it wasn't covered at all in his Citizenship Interview (I know, I know, was very high percentile it wouldn't be addressed or brought up by the Interviewing Officer) then

surely he has a chance to correct this problem, now, somehow, yes?

I still smell some misrep if he not list his wife on any citizenship documents that he sent off, earlier, but...

[nii ayi 0]

WILL THE STATUS OF MY PARENTS HAVE BEARING ON MY SITUATION. MY PARENTS ARE CITIZEN OF U.S. ALSO AFTER A MONTH OF RECIEVING MY GREEN CARD, I PETITIONED FOR MY SPOUSE WHICH IS A LITTLE OVER 5 YEARS AGO THEREFORE IF IT IS A MATERIAL MISREPRESENTATION WHY HAVE THEY NOT DENIED MY PETITION AND REVOKED MY GREEN CARD AS AT NOW? I HAVE BEEN TRAVELLING EVERY YEAR TO AFRICA WITH MY GREEN CARD. I TALK TO A LAWYER AND HE SAID WE SHOULD PLAY WAIT AND SEE TACTICS WITH THEM

[ceadsearc 516]

Darnell - the issue I see is that he petitioned his wife years ago. Surely they will see on his marriage certificate that he was married before he became an LPR. I would expect it to be more heavily scrutinized at that point, as they are checking that his wife is indeed eligible. They could, at that time, revoke his green card.