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

[Longjour 0]

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.

warned??

How?

I mean, I was thinking of applying a visit visa for my wife while this BS processes through

U may PM me please

PS to those who can't comprehend casuals pain

I HAVE NOT CONSUMMATED MY MARRIAGE yet, AND YES I KNOW ITS MEANING :X

Edited December 14, 2013 by Longjour

[Avery Cates 1,141]

It sounds like you're a bit more concerned about the sex than the visa.

You caught onto that too, eh?

[casualsurfer 25]

It sounds like you're a bit more concerned about the sex than the visa.

What else do you want me to say? I miss her cooking (that too, she's an awesome cook)? A healthy marriage (for me) should include great sex life, companionship, sharing, and all the other things that a blissful marriage provides. But saying "Gosh darn it, I can't live without her cooking" or "Shoot I can watch football all Sunday long when she's not here, that'll just destroy my marriage" just didn't sound as good, ya know? I can make a list if it'll make you guys feel better, but I picked one that I felt would resonate better than "cooking" or "football".

[AmyWrites 593]

Actually it sounds better, whining about how you can't "consumate" the marriage as often as you want (which, by definition, only happens once), makes her look more like an object to you.

Back to OP. Eh, good luck. You're a month in. This is just how things go. I personally would rather wait a few months than think my government doesn't care if fraudsters and the like pour in (and they already do, imagine how it would be if policies were more lenient).

[casualsurfer 25]

warned??

How?

I mean, I was thinking of applying a visit visa for my wife while this BS processes through

U may PM me please

PS to those who can't comprehend casuals pain

I HAVE NOT CONSUMMATED MY MARRIAGE yet, AND YES I KNOW ITS MEANING :X

For the sake of sharing:

Late September this year we flew back together via SFO. She's on a B1/B2 (visitor) visa that's valid for 5 years. She has been to the US in 2013 (up to that time) thrice. We get to POE and decided to get in line together at the citizen/GC line (we did that back in May via IAD and didn't have any problems). The BP asked what our relationship was, I told him the truth (should I have lied?) and that she's just visiting and gave him the return ticket info. He sent us to the little room where a nice BP lady told us that since she is my wife she can't enter the US anymore using the B1/B2 visa. I said she always goes back within 60 days, and she hasn't spent more than 180 days here. The BP lady said it doesn't matter, the visa is for visitors and not spouses, and that I need to apply for her to come back in "the right way" and made a bunch of notes on the computer (where I work, size of my shoes, etc.). So the punishment for telling the truth is she'll most likely be denied entry the next time around.

I filed I-130 the day she left and Chicago Lockbox received it a day later, per instruction for CR-1/IR-1, saw this forum while researching I-130 and options (such as I-129/K3) and joined around the same time. The rest is history. We were planning for her to come back in January (assuming that the "clock" restarts on 1/1/14 for that 180-day window), but after reading and asking question on this forum that plan is on hold and only Buddha (she's Buddhist) knows when USCIS will approve the petition or if they send me RFE. I don't want to risk a POE denial and send her back alone, so now I join the ranks of fellow frustrated (or those who're lamb-like and patiently waiting because "it's just the process") members/citizens who may or may not feel violated. This is worse than the California DMV, by a magnitude of like a thousand.

I said earlier I'm not the kind who would bend over or take things lying down unless my wife tells me to, but if there are (legal) alternatives I will try to seek them out and see.

I'm surprised at the attention it's garnered, but I was trying to throw some out of the box ideas on the wall and see if anything stuck.

[TBoneTX 45,537]

Removing a post because I called someone crazy

Question self-answered. Please review the Terms of Service.

Edited December 14, 2013 by TBoneTX

[Simeon 25]

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?

To be able to sue, you'd need to show prolonged hardship. There have been cases brought before the courts where 2 years was still not considered long enough. If you really need to force their hand, sometimes a writ of mandamus can force the decision, but I have not heard of anything besides anecdotal evidence that such a thing has even been done.

[ConGau1981 56]

Sue...yes Win...never

[TBoneTX 45,537]

More posts removed for abusive language toward other members and quoting of it. A thread-ban has been issued and other administrative action taken. Please exert self-restraint, or more of the same will be in store.

[Jon and Krissy 452]

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?

Uhh, no. There is a doctrine called sovereign immunity. Congratulations, you have no case. http://legal-dictionary.thefreedictionary.com/Sovereign+Immunity

Edited December 14, 2013 by Jon and Sol

[Ayman___ 92]

Relax noway you can sue them, you only filed a month ago.I waited 2 years since I filed to see on ceav website Issued Still visa isn't in hand but we never thought to quit Wishing you the best

[Jon and Krissy 452]

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.

Perhaps you should learn to use words for what they actually mean, rather than an incorrect meaning you assign to them. You have already consummated your marriage, that is a one time thing.

What you seem to be (incorrectly) grasping for is suing for loss of consortium: http://legal-dictionary.thefreedictionary.com/loss+of+consortium

But that only applies to cases of injury. And no, you can't sue the federal government.

Edited December 14, 2013 by Jon and Sol

[Jamie & Izzy 98]

Since we are all in the same boat and are frustrated by the USCIS, I don't see why we can't band together and form either a PAC or a 527 organization to lobby our one and only issue.

YES! A lawsuit might not be the best way to deal with it, but a petition would certainly be a good start. If we can get some congressmen to back it, they could enact legislation to ensure that visa applicants are treated in a humane manner. These rules that force families apart are frankly both cruel and unnecessary, and we have to suffer under them while they at the same time make it easier and easier to immigrate illegally, so those of us who follow the law are effectively punished for doing so.

They may have improved their processing times, but it is still inexcusable to demand that spouses and their children spend such a long time apart, and it serves no purpose. They say they want to verify the relationship is real and the beneficiary is going to obey the law, what better way than to see them living together? If they split up or live apart or get work illegally, then they know it's fraudulent and can reject the application. And the vastly larger proportion of legitimate couples will not have to suffer for it. My wife has citizenship in a visa waiver program country (germany) and she could come here for 90 days without a visa, no problem. Now, from the moment we submit the I-130, she is apparently suspect of everything and treated like a criminal.

I am frankly amazed by the number of people here who rush to defend this system, even while it harms them, with the argument "that's how they do it, just deal with it." What we're dealing with here is a policy. Policies can be changed, and indeed are changed *all the time*. So why defend a bad policy when it can be changed to a more humane and effective policy? You just have to gen enough people active about it so the politicians take note (or feel compelled - this is, of course, much easier if you have vast amounts of money...), then they get things changed. Let's not forget that in many parts of the US until surprisingly recently, interracial marriage was illegal. Those were bad laws, and they got changed. This is a bad policy...so let's get it changed! Especially given how it is being made increasingly easy for illegal immigrants to stay in the country, why should *legal* immigrants not also be allowed to stay, at least through the application period?

From what I am my wife have read here, it seems like the most important changes would be these two:

1. Families should not be split up. Spouse and children (under a certain age) of the applicant should be able to live together in the US while the paperwork is processed, unless there is a *specific* national security issue (and just having an Arabic-sounding name is not a national security issue...). They can't work until approved, of course, but they can at least spend their time together and have a real family life. You'd think the "small government" conservatives would be fully on board with this issue, since how much more big government can you get than to say your spouse can't live with you, and if you want to live together, you have to leave the US?...

2. Immediate family members (again, spouse and children under a certain age of the applicant) should be processed together, so you don't have one approved and another not, or one approved and the approval of the other taking much longer.

What do you all think? Can you think of other major problems with the current policy?

[Jawaree 718]

Well for starters, I'm the bread winner and by living in her country (not a country recognized by our political leaders, I might add, thanks to China) it will be a financial hardship for us and my kids from a previous marriage. Without her here I have to pay for after school care, another expense.

I can visit her, and I have, so has she, but unfortunately the POE agents told us flat out last time she needs to re-enter this country not using a visitor's visa but rather a spousal visa. I filed the I-130 intending to do a K-3, but everyone here says don't do it because the timing is the same and it'll just cause delays to my I-130/CR-1 application. Consummating the marriage once in a few months is not the same as being able to do so every night...oh yeah baby.

Since we are all in the same boat and are frustrated by the USCIS, I don't see why we can't band together and form either a PAC or a 527 organization to lobby our one and only issue.

LOL..Dude remember immigrating is a previlege not a right

If U have a real strong and die-hearted love & bond nothing or no one breaks a

marriage.

Interesting concept, wonder where it would go, Taiwan seem to do OK even with

Chinas noose around its neck, It may not officially be a sovereign nation, but ppl

treats it as one , and do produce and have a decent economy

Edited December 14, 2013 by Jawaree

[Kaylara 814]

Exactly. Plus as an added bonus you know you are helping the guys on the boring night shift at NSA have a much more interesting job

Omg, we used to joke that at about the 2 hour mark of our conversations on the phone, they'd need to change the tape because we started hearing this clicking noise. Every phone call. And at every 2 hour mark. And I just said to my husband the other day, "Hey, maybe we can contact the NSA and have them send our tapes to the USCIS to prove our relationship is legit. There's gotta be thousands of hours of tape on us by now!"

Kaylara,

For once I agree with you on something! YES!! Thank God for skype. hahaha

Merry Christmas!! and Aloha

LMFAO! I'm sure I've agreed with you on something before. It must have happened at least once.

I actually liked a post by Avery Cates. Obviously this thread is bringing out the crazy in all of us.