Delayed decision

[piff 46]

Hi everyone,

I'm doing an AOS for my wife now, everything seems to be smooth.

However, a friend of mine from Ukraine is married to an American. They filed all paperwork in March 2015, got interviewed in August 2015. When they went for the interview, they were separated right away but had an attorney. He said everything went well and they'll get the results soon.

Nonetheless, there is nothing until today. Attorney stopped replying to their email and I offered them to disbar him, which we are in the process of.

I've advised to contact a local Congressman here in VA and also submit an inquiry to Ombudsman's office within USCIS. The last reply from USCIS she got was that the case is pending (really!? No, we didn't realize that it was pending, idiots!). She tried INFOPASS - they are not saying anything either.

Can you guys advise? She is desperate for help!

Thank you all!

[Penguin_ie 5,993]

That is an unusual delay, and contacting the immigration expert at her elected rep's office is definitely a good idea. Some questions:

- Did she adjust from a K1, married within 90 days of arrival?

- Why did they bring a lawyer, did they anticipate any problems?

- What did the interviewers seem to concentrate on in the Stokes interview? Were there discrepancies in the answers?

- When you say she made an Infopass and they are not saying anything, what exactly are they saying? That she should wait (for how long) or...?

[piff 46]

That is an unusual delay, and contacting the immigration expert at her elected rep's office is definitely a good idea. Some questions:

- Did she adjust from a K1, married within 90 days of arrival?

- Why did they bring a lawyer, did they anticipate any problems?

- What did the interviewers seem to concentrate on in the Stokes interview? Were there discrepancies in the answers?

- When you say she made an Infopass and they are not saying anything, what exactly are they saying? That she should wait (for how long) or...?

- No, she has been in the USA for 2 years on J1 and F1.

- They did not know what to do and it was the lawyer's advise to do so

- All answers were consistent

- They said it is processing, no ETA

Thank you!

[Penguin_ie 5,993]

****** Moving from AOS from Family Visa to AOS from Student Visa as Op's friend is on an F1 *******

[EM_Vandaveer 2,408]

- No, she has been in the USA for 2 years on J1 and F1.

- They did not know what to do and it was the lawyer's advise to do so

- All answers were consistent

- They said it is processing, no ETA

Thank you!

Is there any chance her J1 had a two-year home residency requirement that hasn't been fulfilled, nor waived?

Although I'd assume if that was the problem, they would have received a denial by now...

There is not much they can do, other then keep renewing EAD & AP, so she can work and travel.

They can also contact the USCIS Ombudsman directly (but apparently that's already been done).

Edited December 21, 2016 by EM_Vandaveer