Horrible Houston Experience

[JimHouston69 1]

I'm a gay American citizen and met my eventual husband in London in 2004. He is a Tunisian citizen. We had a long distance relationship for many years. He is a school teacher and could spend his long holidays and vacations with me in the US. In 2010, we were married in beautiful Victoria, BC, Canada. I retired a few months later, sold my home and moved to Tunisia. We were able to travel a lot in Europe and to Canada and the US. In summer of 2013 we flew to Houston to spend summer with family. When we got off the plane and met my sister, the first thing she said was DOMA was just decided and was partially struck down and could we come home to stay now? We talked about it, consulted a lawyer and filed an application for an I-130 and I-485 in August 2013. We had our interview on 11/22/2013 with a unpleasant, sour faced officer. We may have been the first gays sitting across from her. She was curt and grilled us for over an hour, but we had all our proper papers and supporting documents. We had heard about some people getting a yes answer at the interview and our attorney asked her if she was going to approve. She said no, she needed more time and our attorney explained that we were on a two month vacation originally and there was a job, apartment and belongings and loose ends in Tunisia that urgently needed attention. She said we would have her decision in "a week, maybe two." I've been told by USCIS people since then that she would never say that, but three of us heard it. So we believed her and waited. Eventually, my spouse decided he had to go and see to things at home. As we still believed the approval was coming any day, we made the poor choice of not getting permission to leave. We thought I'd just FedEx him the green card and he would re-enter with no problem.

Time went on and on with no notification of a decision. Eventually on April 1st, 2014, (April Fools Day) our interview officer called me. She asked if Mohamed was there and I said not at the moment - which was true. She said the I-130 and I-485 are approved and we'd get our green card in a couple weeks. I thanked her profusely and we disconnected. Within 10 minutes she called back and asked if Mohamed was out of the country? I couldn't tell a direct lie, so I told her yes. She said she knew it anyhow because she had information from his flight manifest when he left the country. (So if she knew this, why the charade about it being approved? Was this her April Fools Joke on the gays?) I asked her what now, and if he could return to the US on his Visitor Visa and reapply on a I-485. She said, yes he could do this. After I got off the phone, I called our attorney to tell him what transpired and what she said about re-entry. My attorney said that is insane. A visitor visa is just that, nothing more. Mohamed had clearly shown intent to immigrate and if he had attempted to re-enter he would have been detained at the airport, removal proceedings would have been initiated and he would have been banned from the US for 10 years. The USCIS lady really did her best to seriously mess up the gays.

Obviously the only way to proceed now is through consular processing and the officer would have known this. But instead of forwarding my approved I-130 to NVC, our evil officer chooses to send it to file. I have to pay my attorney and the form fees to file an I-824 request to have USCIS send the file to NVC. This is something like $600 for something that USCIS should have done on their own. The I-824 was received on 4-28-2014 and as of 8-24-2014 NVC hasn't received it. I called USCIS in July and they said they would look into what happened to my file and would mail me their findings. Nothing yet. I can imagine "someone" has it hidden in her bottom desk drawer.

[S_R 148]

Quite sad. Hope this gets resolved asap.

[Hypnos 6,577]

This won't help now, but the entire issue could have been avoided if you had filed for Advance Parole using an I-131 at the time you filed for adjustment of status. If you had a lawyer then it's inexcusable that they did not strongly suggest this; it would have allowed your spouse to depart the US and re-enter whilst the I-485 was still pending. There isn't even a fee for the I-131.

Unfortunately you will now have to go through consular processing, as you indicate, and it's possible there will be some weeks or months of AP at the end too, with the beneficiary being from Tunisia.

Anyone reading this: always file for Advance Parole when filing for AoS, even if you have no immediate plans to travel overseas. The only time you shouldn't is if you're adjusting from a dual intent visa that doesn't require AP, such as an L-1 or H-1B.

Edited August 25, 2014 by Hypnos

[Boiler 45,752]

Sounds like she had not seen Full Metal Jacket.

With a Lawyer involved wonder why he did not apply for EAD AP?

[Harpa Timsah 13,258]

You think it is discrimination but I think that you want to see it. All couples must prove that their relationships are real, and Tunisia is a high-fraud country. Many straight couples have been grilled and tested, and sent for multiple interviews. It can happen. That is the thing with equality; now it can happen to you too.

Leaving without an AP automatically cancels the application. It states it very clearly on the NOA1s for the I-485. You should fire your attorney for not telling you this. Good luck.

[KayDeeCee 4,893]

~ Moved from Introducing our Members to AOS from Work, Student & Tourist Progress Reports - topic is about AOS interview/case status ~

[Sandra G. 5,054]

I don't see any discrimination in your case.They treated your case like they treated thousands of others.Not everyone is approved on the spot. Your spouse screwed up big time when he traveled without AP.It was his mistake,NOT USCIS mistake.Take responsibility for the mistake, instead trying to blame USCIS.

[kzielu 1,149]

I don't see discrimination either. Lots of word "gays" in the post, but nothing really shows you were treated unfairly. You had a lousy lawyer that allowed you to abandon AOS or even file it when obviously not being paper prepared for what's coming.

[Mollie09 1,543]

This won't help now, but the entire issue could have been avoided if you had filed for Advance Parole using an I-131 at the time you filed for adjustment of status. If you had a lawyer then it's inexcusable that they did not strongly suggest this; it would have allowed your spouse to depart the US and re-enter whilst the I-485 was still pending. There isn't even a fee for the I-131.

Unfortunately you will now have to go through consular processing, as you indicate, and it's possible there will be some weeks or months of AP at the end too, with the beneficiary being from Tunisia.

Anyone reading this: always file for Advance Parole when filing for AoS, even if you have no immediate plans to travel overseas. The only time you shouldn't is if you're adjusting from a dual intent visa that doesn't require AP, such as an L-1 or H-1B.

I adjusted from H1B and still applied for the I-131. You never know when you might lose your job and then the L1 or H1 becomes immediately invalid and you can't travel or work until (and if) you are approved for the Green Card. It's free and a good safety net, no reason not to apply.

As for the OP, I understand your frustration, but it doesn't seem you were discriminated against. The same rules apply for everyone, everyone is subject to the whims of USCIS, and many of us fall victim to officers who don't like us, our spouses, our cases, our nationalities, etc., even though they are trained to ignore personal bias. It was luck of the draw and for whatever reason you did not convince the officer to approve your case immediately. It happens to straight couples too. Also, trying to trick you into contradicting yourself or information they already have is a well known tactic they use to see if you're telling the truth, because it works.

As an aside, we've seen on VJ multiple cases where people are incorrectly listed on manifests and have not actually left the country (I always say in those cases it's best to go to CBP to fix the issue - this is why) so he could have been in the country and she might have been giving you a chance to correct the issue.

Telling you that leaving without I-131 would void his petition was your lawyer's job, but you could have also researched it yourself, it's a well-known fact. It's not discriminatory, it happens to everyone who leaves without parole. He should have only left with the GC in hand.

[Boiler 45,752]

As an aside, we've seen on VJ multiple cases where people are incorrectly listed on manifests and have not actually left the country (I always say in those cases it's best to go to CBP to fix the issue - this is why) so he could have been in the country and she might have been giving you a chance to correct the issue.

Good point, usually the other way around where people have not used the open return. But it could work either way.

[MUXAGIRL 69]

Oh I am sorry, you are at TSC, right? They take a long time to process the I-824 there. As of the USCIS processing time for TSC, they are processing I-824 from December, 2013 :-( I am so sorry, but the fault is mostly yours, even if you did it unknowingly, and what kind of attorney takes the money and does not advise his clients to file for advance parole, travel permission etc with the I-485? You should ask for your money back.

At this point, you probably can try to involve your local senator and request for the I-824 to be approved and sent quickly to NVC. Good luck, and stay cool. You will be together for ever in few months time. Just make sure you do things correctly from now on. Joining VJ is a first step in that direction.

[twofors 30]

OP,

I agree with Harpa. Attorneys involved in immigration should have total understanding of all immigration procedures. Researching your options before making any move is the most important thing anyone can do for themselves. Hiring an attorney doesn't guarantee you will be given all the answers. I find it difficult to understand that your attorney would not have known about AP and advised against leaving until you received it. Perhaps it is easier to understand when one does the process on your own without an attorney. Never the less, everyone should familiarize themselves with all the documents instead of accepting the word of someone not personally involved in the process.

I do simpathize with you as we are a gay couple, but as Harpa said we now must be endure all the same treatment that straight couples have always endured. I truly believe there are just unpleasant people that no matter who they are interviewing will make the experience miserable. My hope for you is that someone in the government will see the honest mistake you made and push your case through. My fiance's only interview, thus far, has been with the Embassy CO. He was so pleasant and helpful to him I can hardly imagine a better experience. After hearing your story, it does make me wonder how our AOS interview will go. No one deserves to be treated like a criminal. Especially if you are already married and living aboard for several years. My simpathies are always with the married couples with children waiting it seems for an eternity for someone to approve their visas.

You think it is discrimination but I think that you want to see it. All couples must prove that their relationships are real, and Tunisia is a high-fraud country. Many straight couples have been grilled and tested, and sent for multiple interviews. It can happen. That is the thing with equality; now it can happen to you too.

Leaving without an AP automatically cancels the application. It states it very clearly on the NOA1s for the I-485. You should fire your attorney for not telling you this. Good luck.

[sachin1 42]

That is the problem in today's America, Everyone is shout highest with "discrimination" from top of hill Gay/Lesbian/color/Asian/Mexican/Ethiopian/Canadian you name it.

[Boiler 45,752]

Welsh?

[Hypnos 6,577]

Especially the Welsh.