I 129f Taking a long time

[Gazza7332 0]

I am a gay man from the Uk and met my fiance in 1987 and we have been together ever since. Now that it is legal for us to get married we have applied and are waiting. I applied for a fiance visa in Sept 2013 it was recieved on the Sept 28th 2013 and then transfered to Vmt Service centre on the Oct 28 2013 and that is where it still is in review. I have been living in America all this time I came home in 2010 and when I went back I got pulled over on a previous overstay which resulted in a 3 year ban and have been living in the UK ever since obviously not happy and my partner and myself are trying to keep it together and work through it. I still live in hope that I can live there legal with my partner in America.

I just wondered if anyone has any idea why it is taking so long. I'm thinking maybe because I did live there so long I had a social security number and worked there as I did try and get a green card under an employment visa which did not materialize. This has turned into such a mess and I don't know what to do to fix it. I know I have lived there but had no choice as it was not legal for us then and before anyone says why did you both not live in the UK it was not feasible for my partner to do so.

If anyone has any helpful surgestions I would appreciate any comments.

[Hypnos 6,576]

You may have a longer ban than three years if you were found to be working illegally and they have documentation to support that conclusion.

The petitioner should have one of his congressional representatives enquire with USCIS as to the I-129F's status, since it is beyond listed processing times.

You may also wish to consider consulting with an experienced immigration attorney with regards to your potential inadmissibility.

Edited June 3, 2014 by Hypnos

[Nich-Nick 3,354]

I hope you get it sorted and find out if your ban was only 3 years instead of 10 for an overstay that long. How do you know your ban? I thought you didn't actually get a time ban imposed until you tried to reenter...like at your interview for a visa.

I do question your reasoning of "I know I have lived there but had no choice as it was not legal for us [to marry?] then" as a defense. You had a choice to obey the immigration law or do something illegal.

Here's a good article http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter2-4.html about unlawful overstays.

Best of luck to you. Laurel Scott specializes in waivers and her website has some good articles also.

[Hypnos 6,576]

Per INA 212(a)(9)(B), anyone with at least 180 days of overstay and who departs the US voluntarily (i.e. without an order of removal) is inadmissible for either 3 years (180 - 364 days of overstay) or 10 years (365+ days of overstay). This should be enforced by CBP as well as any embassy adjudicating visa applications for that alien.

A lawyer would certainly be the way to go to fully explore the inadmissibility issues.

Edited June 3, 2014 by Hypnos

[KayDeeCee 4,893]

I know this is not on topic, but I find it interesting that your I-129F petition was sent to Vermont. They stopped sending the petitions to Vermont at the end of July 2013. All the petitions that would have gone to Vermont were then being sent to Texas instead. The TSC and the CSC are currently the two service centers processing I-129F petitions. More intriguing is that your timeline says your petition was transferred to Vermont from the NBC. What are the first 3 letters of your receipt number?

Edited June 4, 2014 by KayDeeCee

[Gazza7332 0]

I know this is not on topic, but I find it interesting that your I-129F petition was sent to Vermont. They stopped sending the petitions to Vermont at the end of July 2013. All the petitions that would have gone to Vermont were then being sent to Texas instead. The TSC and the CSC are currently the two service centers processing I-129F petitions. More intriguing is that your timeline says your petition was transferred to Vermont from the NBC. What are the first 3 letters of your receipt number?

Thanks for your response my number starts SRC does that mean anything are you sure they are not taking applications or maybe just mine

[bunnygirl 86]

SRC is Texas. Vermont haven't taken any I129f applications since July last year.

[Gazza7332 0]

I hope you get it sorted and find out if your ban was only 3 years instead of 10 for an overstay that long. How do you know your ban? I thought you didn't actually get a time ban imposed until you tried to reenter...like at your interview for a visa.

I do question your reasoning of "I know I have lived there but had no choice as it was not legal for us [to marry?] then" as a defense. You had a choice to obey the immigration law or do something illegal.

Here's a good article http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter2-4.html about unlawful overstays.

Best of luck to you. Laurel Scott specializes in waivers and her website has some good articles also.

I tried every legal option I had it is very difficult unless you are a Doctor to stay in the states unfortunately we did not have the same rights as yourself and the options you have imagine meeting the person you want to spend your whole life with and being told no based on bias. I have spent nearly 30 years with him. I will never give up

[Nich-Nick 3,354]

I tried every legal option I had it is very difficult unless you are a Doctor to stay in the states unfortunately we did not have the same rights as yourself and the options you have imagine meeting the person you want to spend your whole life with and being told no based on bias. I have spent nearly 30 years with him. I will never give up

I understand and sympathize with you. Not judging you. I just thought that wasn't going to fly as an argument for your case ..." I had no choice." Now maybe some savvy lawyers are approaching it as discrimination based on new laws. I wonder.......

[Gazza7332 0]

SRC is Texas. Vermont haven't taken any I129f applications since July last year.

I think you are right are they slower?, How are you getting on?

[bunnygirl 86]

It seems to go in cycles, it looks like we managed to catch the beginning of a long cycle, we've been waiting nearly 6 months now

I'm sure things will start speeding up soon though so just hang in there, stay positive and focus on the end result

Have you had a consultation with an immigration attorney? They might be able to help you

[Gazza7332 0]

I understand and sympathize with you. Not judging you. I just thought that wasn't going to fly as an argument for your case ..." I had no choice." Now maybe some savvy lawyers are approaching it as discrimination based on new laws. I wonder.......

No I know .. Thank you. I have a battle because all these years have caused so many problems and they will now obviously come back to bite me. I think there are people out there that have used the fact that although the law is different now that you have to look at a case and determine that I really had no choices or choices that Heterosexuals had else I would of course of done that and maybe someone will sympathize with our case, who knows maybe someone has a heart, because mine is broken.

[Gazza7332 0]

It seems to go in cycles, it looks like we managed to catch the beginning of a long cycle, we've been waiting nearly 6 months now

I'm sure things will start speeding up soon though so just hang in there, stay positive and focus on the end result

Have you had a consultation with an immigration attorney? They might be able to help you

Thanks I am trying but I have had so many knocks over the years and now I look like a bad person in the eyes of the American law I hope they see that I am not. I will maybe consider a lawyer.

[kehills 217]

Unfortunately, sympathizing isn't going to go far. If it did, we wouldn't have needed to wait for a SCOTUS ruling for some pretty basic civil rights. Is that just/fair? Nope. But asserting that will get you an assertion, maybe an agreement, and not much else. I'd strongly recommend a lawyer who is familiar with immigration law, bans on re-entry, and recent DOMA-related rulings.

In the meantime, have your partner call up the TSC and see what's going on with your file.

[butterflies0124 8]

Hi,

Has the petitioner called USCIS for an update? Or checking the case status online? Seems odd that it would be sent to Vermont. Your case is definitely beyond the current processing time. I agree you should consult with a lawyer for your circumstances.