Can I sue USCIS if they caused my marriage to fail?

[Hotter Otter 1,211]

I was curious if by keeping my wife away from me for a lengthy period of time and it caused a breakdown in my marriage due to financial burdens and obviously not being able to consummate my marriage, can I sue the USCIS in civil court for damages?

Well I've heard about the litigious culture in the US but this is a new one for me! Sure you can sue whoever you want but you won't win that case against the government for the failure of your marriage. You'd have to prove beyond reasonable doubt that USCIS was the sole reason for the marriage failing and that isn't going to happen. Have to say though if someone was successful in suing the USCIS for emotional/financial hardship I can't say I'd shed any tears for USCIS lol.

Seriously though you only filed a month ago, I know the I-130 wait times suck and it's frustrating but if this early stage has you pondering litigation then how will you be in six months. Relax and make sure you are well prepared for the stage when NOA2 does come.

[thedude6752000 360]

To the OP:

1. Don't bother suing the government, multi-million dollar corporations (a LOT of them) can't bring people to this country they need to make them money, and they don't sue because they know the government has more money and would win, if Walmart and Cisco can't beat them (and I happen to believe that corporations run this country) trust me, you won't be able to either.

2. The "it's not a right" stuff is pure nonsense. You're not asking for your wife to be allowed here, you're asking for a speedy adjudication to your petition, which IS your right. If they want to deny, let them and then you have a case to go to court with, or else you can decide to move to another country. Keeping you hanging in limbo like this is a clear violation of your rights, whether or not you could prove that in court.

3. Although times are better now than 2003-2008, in just the last year wait times at the USCIS have skyrocketed since just last year. This is thanks in large part to Obama's DACA and provisional waiver programs for illegal immigrants. You and I are being made to pay the price for the unlawful immigration of others, and if this immigration "reform" bill the powers that be are trying to ram through congress by hook or crook gets through, you can only expect it to get worse.

4.The government will laugh at you and then crush you if you try to sue them, but when citizens come pull their individual effort together collectively, then they get afraid. The USCIS is especially cockroach-like, hiding in the shadows were most US citizens will never have to deal with them, believing they can screw over people (including citizens) as much as they want because the majority of people will never know of their crimes or care. When exposed, though, they move quickly, lest the populace (or Congress) take too much interest in their sordid affairs.

5. There is a group of us trying to raise awareness and bring the crimes of the USCIS against US citizens to the fore of this immigration “reform” debate (in the hundreds of pages of law passed by the Senate regarding immigration IR1 and CR1 visas were mentions exactly 0 times, the only thing that got any mention from our side was F2A visa for LPR’s, not citizens). Joining us and channeling your frustration that way will get you a lot farther (and cost a whole hell of a lot less money) than suing the US government and losing.

[Avery Cates 1,141]

I was curious if by keeping my wife away from me for a lengthy period of time and it caused a breakdown in my marriage due to financial burdens and obviously not being able to consummate my marriage, can I sue the USCIS in civil court for damages?

Short answer: No.

Long answer: NNNNNNNNNNNNOOOOOOOOOOOO.

[Hotter Otter 1,211]

4.The government will laugh at you and then crush you if you try to sue them, but when citizens come pull their individual effort together collectively, then they get afraid. The USCIS is especially cockroach-like, hiding in the shadows were most US citizens will never have to deal with them, believing they can screw over people (including citizens) as much as they want because the majority of people will never know of their crimes or care. When exposed, though, they move quickly, lest the populace (or Congress) take too much interest in their sordid affairs.

5. There is a group of us trying to raise awareness and bring the crimes of the USCIS against US citizens to the fore of this immigration “reform” debate (in the hundreds of pages of law passed by the Senate regarding immigration IR1 and CR1 visas were mentions exactly 0 times, the only thing that got any mention from our side was F2A visa for LPR’s, not citizens). Joining us and channeling your frustration that way will get you a lot farther (and cost a whole hell of a lot less money) than suing the US government and losing.

I understand your frustration, and the image of USCIS as a furtive cockroach criminal is amusing but maybe turn the rhetoric down a little? We want people to take us seriously with our genuine concerns about current processing times and ranting won't help with that!

[OnMyWayID 1,489]

3. Although times are better now than 2003-2008, in just the last year wait times at the USCIS have skyrocketed since just last year. This is thanks in large part to Obama's DACA and provisional waiver programs for illegal immigrants. You and I are being made to pay the price for the unlawful immigration of others, and if this immigration "reform" bill the powers that be are trying to ram through congress by hook or crook gets through, you can only expect it to get worse.

4.The government will laugh at you and then crush you if you try to sue them, but when citizens come pull their individual effort together collectively, then they get afraid. The USCIS is especially cockroach-like, hiding in the shadows were most US citizens will never have to deal with them, believing they can screw over people (including citizens) as much as they want because the majority of people will never know of their crimes or care. When exposed, though, they move quickly, lest the populace (or Congress) take too much interest in their sordid affairs.

5. There is a group of us trying to raise awareness and bring the crimes of the USCIS against US citizens to the fore of this immigration “reform” debate (in the hundreds of pages of law passed by the Senate regarding immigration IR1 and CR1 visas were mentions exactly 0 times, the only thing that got any mention from our side was F2A visa for LPR’s, not citizens). Joining us and channeling your frustration that way will get you a lot farther (and cost a whole hell of a lot less money) than suing the US government and losing.

My problem with all your complaints is that it all boils down to you wanting them to approve your petition faster... With all these issues do you really think that should be made the #1 priority?

We have 11+ million illegal immigrants.. Guess what, they are not going anywhere. The reform act is certainly flawed in that it does not address future illegal immigration. Imagine if we could make these 11+ million part of the family and then make it nearly impossible for someone to be an illegal immigrant in the future (ie: make EXTREME fines for those that employee or house them). Our new 11 million now legal immigrants (and everyone else by the way) without the threat of a continuous influx of cheap labor would do what every human would do in their place: Demand high wages and a better living.... In the end that would be a very good for all of us..

So as a citizen what do you think I should be rallying around? You wanting time shaved from your petition or those 11 million already here the majority of whom are integrated (poorly) into the society in which I live?

Edited December 13, 2013 by OnMyWayID

[carocaro 22]

I think everyone here on VJ is suffering or has suffered long separation. Immigration is not for the faint of heart. Work harder, save more, plan a visit, love more, stress less.

Said very well: "Immigration is not for the faint of heart." But I'd leave it at that. I keep reminding myself that most of our ancestors were immigrants somewhere too and there wasn't email and skype then ;-)

Edited December 13, 2013 by carocaro

[Hotter Otter 1,211]

"Immigration is not for the faint of heart."

Or the light of wallet lol

[David & Diana R 1,005]

I was curious if by keeping my wife away from me for a lengthy period of time and it caused a breakdown in my marriage due to financial burdens and obviously not being able to consummate my marriage, can I sue the USCIS in civil court for damages?

NO

[Al422 221]

I never say never. I will say however that proving such a case would be difficult at best, and you had better be prepared to spend at least $50,000 on lawyers to prove such a difficult case.

[David & Diana R 1,005]

Frankly I haven't seen any reasonabel explanation why you continue to live here or want to bring someone else to live here.

Your posts always shows a disdain for USCIS/DOS and anyone that doesn't have a timelien that you approve of.

Sure most of us have gripped at the timelines (yes even me with my 3 month NOA2s) but not to the same level that you take it to.

Relax Dude, it's not just you waiting.

Charles is back so I can't say that but I agree.

Oh man is Charles really back? Just kidding Charles.

[JayJayH 546]

If it was an inherent right for US citizens to physically be with their spouses in the US, then I could see a case. Along with some major reforms.

The problem with your case would be that it is not your right to have your spouse physically in the US. You could have moved to Taiwan. Any visa requirements that you would have in Taiwan, and any length of time that would take, is not the responsibility, or even under the jurisdiction of the USCIS.

Your rights are:

1. You can marry whoever you want (so long as it's legal by US federal law.. No minors, married persons, use of force etc.)

2. You have the right to petition the US government to allow that person to apply for an immigrant visa. However, only US citizens have a right to be in the US. Even LPRs do not have any right to be here. For all non-US citizens, it. Is considered a privilege.

3. The US government has a responsibility to all other citizens of the United States to make sure that the people that come here, are eligible, and that they do not pose a threat.

Another poster mentioned that you would have to prove that the delay, and the delay alone caused your marriage to fail. I would add that in addition, you would have to prove that the delay was out of the ordinary, and caused solely by USCIS error or negligence.

Edited December 13, 2013 by Yang-Ja

[Darnell 8,478]

I was curious if by keeping my wife away from me for a lengthy period of time and it caused a breakdown in my marriage due to financial burdens and obviously not being able to consummate my marriage, can I sue the USCIS in civil court for damages?

The clock was reset on 2013-11-20 - that's the date of yer NOA-1. No one will listen to you until it's a year past that date, for having a good case for the suing.

However, even with that said - you were to consummate your marriage prior to filing the I-130. Are you stating you not consummate yer marriage prior to filing the I-130 ?

[casualsurfer 25]

The clock was reset on 2013-11-20 - that's the date of yer NOA-1. No one will listen to you until it's a year past that date, for having a good case for the suing.

However, even with that said - you were to consummate your marriage prior to filing the I-130. Are you stating you not consummate yer marriage prior to filing the I-130 ?

I'm unable to, uh, regularly consummate my marriage now that I-130 is filed and we've gotta wait a year. She could use her valid B1/B2 visa and *try* to come in - but we've already been warned the last time she entered at POE in September so I don't want to risk her getting denied entry next time. Maybe we can try in the summer, I guess.

Of course I could fly to Taiwan (25-hour journey door to door, Indy isn't a hub city) for ~$2K each time, but that's some expensive ways of consummating my marriage.

Some of you guys need to uncork a bit, okay? It's Friday, relax. I can look forward to plowing my driveway tomorrow morning.

[del-2-5-2014 1,339]

If it was an inherent right for US citizens to physically be with their spouses in the US, then I could see a case. Along with some major reforms.

The problem with your case would be that it is not your right to have your spouse physically in the US. You could have moved to Taiwan. Any visa requirements that you would have in Taiwan, and any length of time that would take, is not the responsibility, or even under the jurisdiction of the USCIS.

Your rights are:

1. You can marry whoever you want (so long as it's legal by US federal law.. No minors, married persons, use of force etc.)

2. You have the right to petition the US government to allow that person to apply for an immigrant visa. However, only US citizens have a right to be in the US. Even LPRs do not have any right to be here. For all non-US citizens, it. Is considered a privilege.

3. The US government has a responsibility to all other citizens of the United States to make sure that the people that come here, are eligible, and that they do not pose a threat.

Another poster mentioned that you would have to prove that the delay, and the delay alone caused your marriage to fail. I would add that in addition, you would have to prove that the delay was out of the ordinary, and caused solely by USCIS error or negligence.

I've been enjoying your eloquent posts of late.

USCIS or DOS empoyee?

[thedude6752000 360]

Note to OP: "consummate" in the context of marriage means to have sex for the first time. If you've already done that, the only way to "consummate" anything is to marry somone else.

http://i1.wp.com/kathleencaron.com/wp-content/uploads/2013/04/Princess-bride-image.jpg?resize=300%2C300

Edited December 13, 2013 by thedude6752000