What should I do now?

[hockeybrain 0]

OK, its been more than 60 days since we went to immigration in NYC and all we got for it was fingerprints so I made another infopass appointment and went on down to immigration with my wife. Luckily, we did not have to bring our baby because MIL is here and happy to watch her. At this point it is well over two years since we were married. My wife originally came on a K-1 visa from Russia. We had no RFE's at any step of the process. We filed the I-485 within two weeks of our marriage (which of course was done within the 90 days permitted under a k-1 etc.) We were never interviewed. On a previous infopass appointment 60 days ago immigration said to us that all our paperwork was in order but our file was lost and they would try to find it to get our case going. My wife was refingerprinted within two weeks. Then nothing so we made another infopass appointment.

Today the immigration officers we spoke to (two worked with us) said they are trying as hard as they can in the New York office but there is little they could do to help our case along since it is in the California office. Nothing was done with our case. They asked us to keep our fingers crossed but did not promise anything.

When we got out of the immigration office my wife was very upset. She was calling me cheap for not getting a lawyer to start a lawsuit at this time. In fact she became quite hysterical. I have never had more problems in my marriage then after our meeting with immigration. My wife is very upset because they guaranteed her nothing. She claims in Russia at least she had a job, at least she was a citizen and here she has nothing.....................etc. and threatens to just go back to Russia etc. I believe it would be counterproductive to begin a lawsuit at this time and assume my wife will calm down, realize I am doing the right thing and take it in stride albeit how difficult it is to wait for a woman who is tired of waiting like her. I assume she is being held up by the FBI etc. (thats the only thing that makes sense to me) and a lawsuit will only make matters worse at this time.

Any advice would be appreciated.

Edited January 23, 2007 by hockeybrain

[Kez/JWolf 6]

Contact your congress person and get then to find out why it is taking so long... you should have at least had your EAD if you filed for one.... and FBI name check hold ups are normally after you have been interviewed... sounds to me as if you case is missing.... a congress person should be able to get answers for you... I can understand why your wife is feeling the way she is.... but a congress person whould be of more help to you than a lawyer at this moment in time... maybe once you know what has happened to your case you may wish to seek information from a lawyer about what your options are....

Good Luck

Kez

[LaL 418]

send a request to the USCIS Assistance Center.

USCIS Assistance Office

111 Massachusetts Ave NW 6^th Floor

Washington, DC 20529

[hockeybrain 0]

send a request to the USCIS Assistance Center.

USCIS Assistance Office

111 Massachusetts Ave NW 6^th Floor

Washington, DC 20529

Appreciate the advice but I am not sure that will help us much now. Congress or Senator makes sense to me at this time, but another pain in the a$$.

[LaL 418]

send a request to the USCIS Assistance Center.

USCIS Assistance Office

111 Massachusetts Ave NW 6^th Floor

Washington, DC 20529

Appreciate the advice but I am not sure that will help us much now. Congress or Senator makes sense to me at this time, but another pain in the a$$.

that is fine, but I fail to see how a Congressman or Senator can provide you more information than this office. This is not the Mis-Information line, this is an office that is designated specifically for this reason.

[Boiler 45,487]

Apply for EAD so she can get a job. You could have done that 2 years ago.

[Emo 0]

OK, its been more than 60 days since we went to immigration in NYC and all we got for it was fingerprints so I made another infopass appointment and went on down to immigration with my wife. Luckily, we did not have to bring our baby because MIL is here and happy to watch her. At this point it is well over two years since we were married. My wife originally came on a K-1 visa from Russia. We had no RFE's at any step of the process. We filed the I-485 within two weeks of our marriage (which of course was done within the 90 days permitted under a k-1 etc.) We were never interviewed. On a previous infopass appointment 60 days ago immigration said to us that all our paperwork was in order but our file was lost and they would try to find it to get our case going. My wife was refingerprinted within two weeks. Then nothing so we made another infopass appointment.

Today the immigration officers we spoke to (two worked with us) said they are trying as hard as they can in the New York office but there is little they could do to help our case along since it is in the California office. Nothing was done with our case. They asked us to keep our fingers crossed but did not promise anything.

When we got out of the immigration office my wife was very upset. She was calling me cheap for not getting a lawyer to start a lawsuit at this time. In fact she became quite hysterical. I have never had more problems in my marriage then after our meeting with immigration. My wife is very upset because they guaranteed her nothing. She claims in Russia at least she had a job, at least she was a citizen and here she has nothing.....................etc. and threatens to just go back to Russia etc. I believe it would be counterproductive to begin a lawsuit at this time and assume my wife will calm down, realize I am doing the right thing and take it in stride albeit how difficult it is to wait for a woman who is tired of waiting like her. I assume she is being held up by the FBI etc. (thats the only thing that makes sense to me) and a lawsuit will only make matters worse at this time.

Any advice would be appreciated.

Are you sure there are no other problems in the marriage?

[tiberonsuave 0]

OK, its been more than 60 days since we went to immigration in NYC and all we got for it was fingerprints so I made another infopass appointment and went on down to immigration with my wife. Luckily, we did not have to bring our baby because MIL is here and happy to watch her. At this point it is well over two years since we were married. My wife originally came on a K-1 visa from Russia. We had no RFE's at any step of the process. We filed the I-485 within two weeks of our marriage (which of course was done within the 90 days permitted under a k-1 etc.) We were never interviewed. On a previous infopass appointment 60 days ago immigration said to us that all our paperwork was in order but our file was lost and they would try to find it to get our case going. My wife was refingerprinted within two weeks. Then nothing so we made another infopass appointment.

Today the immigration officers we spoke to (two worked with us) said they are trying as hard as they can in the New York office but there is little they could do to help our case along since it is in the California office. Nothing was done with our case. They asked us to keep our fingers crossed but did not promise anything.

When we got out of the immigration office my wife was very upset. She was calling me cheap for not getting a lawyer to start a lawsuit at this time. In fact she became quite hysterical. I have never had more problems in my marriage then after our meeting with immigration. My wife is very upset because they guaranteed her nothing. She claims in Russia at least she had a job, at least she was a citizen and here she has nothing.....................etc. and threatens to just go back to Russia etc. I believe it would be counterproductive to begin a lawsuit at this time and assume my wife will calm down, realize I am doing the right thing and take it in stride albeit how difficult it is to wait for a woman who is tired of waiting like her. I assume she is being held up by the FBI etc. (thats the only thing that makes sense to me) and a lawsuit will only make matters worse at this time.

Any advice would be appreciated.

Are you sure there are no other problems in the marriage?

I second that. I would be getting counselling for my marriage. My wife sometimes feels that way as several people we now that were here out of status have gotten their AOS approved years before she will get hers. But each case is different and fact specific and the only timeline that is of personal concern is yours.

good luck,

t

[hockeybrain 0]

OK, its been more than 60 days since we went to immigration in NYC and all we got for it was fingerprints so I made another infopass appointment and went on down to immigration with my wife. Luckily, we did not have to bring our baby because MIL is here and happy to watch her. At this point it is well over two years since we were married. My wife originally came on a K-1 visa from Russia. We had no RFE's at any step of the process. We filed the I-485 within two weeks of our marriage (which of course was done within the 90 days permitted under a k-1 etc.) We were never interviewed. On a previous infopass appointment 60 days ago immigration said to us that all our paperwork was in order but our file was lost and they would try to find it to get our case going. My wife was refingerprinted within two weeks. Then nothing so we made another infopass appointment.

Today the immigration officers we spoke to (two worked with us) said they are trying as hard as they can in the New York office but there is little they could do to help our case along since it is in the California office. Nothing was done with our case. They asked us to keep our fingers crossed but did not promise anything.

When we got out of the immigration office my wife was very upset. She was calling me cheap for not getting a lawyer to start a lawsuit at this time. In fact she became quite hysterical. I have never had more problems in my marriage then after our meeting with immigration. My wife is very upset because they guaranteed her nothing. She claims in Russia at least she had a job, at least she was a citizen and here she has nothing.....................etc. and threatens to just go back to Russia etc. I believe it would be counterproductive to begin a lawsuit at this time and assume my wife will calm down, realize I am doing the right thing and take it in stride albeit how difficult it is to wait for a woman who is tired of waiting like her. I assume she is being held up by the FBI etc. (thats the only thing that makes sense to me) and a lawsuit will only make matters worse at this time.

Any advice would be appreciated.

Are you sure there are no other problems in the marriage?

I second that. I would be getting counselling for my marriage. My wife sometimes feels that way as several people we now that were here out of status have gotten their AOS approved years before she will get hers. But each case is different and fact specific and the only timeline that is of personal concern is yours.

good luck,

t

Appreciate the advice, but my wife gets emotional over immigration issues. She gets upset that she knows people who have come here illegally and they get their greencard prior to hers. She goes to school and there is no need for her to work hence no application for a work permit is filed for her.

[Neonred 3,562]

Why did you wait 2 years? Normally after 6 or 7 months it is time to start asking questions about the case. Did you ask that if the file is lost perhaps you should resubmit the copies you made of the original petition? If it has been missing for 2 years....good luck!

[Boiler 45,487]

Appreciate the advice, but my wife gets emotional over immigration issues. She gets upset that she knows people who have come here illegally and they get their greencard prior to hers. She goes to school and there is no need for her to work hence no application for a work permit is filed for her.

That just can not happen in 2 years.

You can not adjust in country if you netered illegally, you have to go back, file waivers etc etc, takes a long time.

[hockeybrain 0]

Appreciate the advice, but my wife gets emotional over immigration issues. She gets upset that she knows people who have come here illegally and they get their greencard prior to hers. She goes to school and there is no need for her to work hence no application for a work permit is filed for her.

That just can not happen in 2 years.

You can not adjust in country if you netered illegally, you have to go back, file waivers etc etc, takes a long time.

It happens in NYC. I know a whole family who did just that ie. came illegally and threw themselves at a lawyer and had their greencards within two years.