Second try

[Coco8 1,042]

11 minutes ago, Tacomaaroma said:

On 12/17/2015 I got this email from USCIS - Your case has been accepted and routed to the USCIS Texas Service Center for processing. Within 7-10 days by standard mail you will receive your official Receipt Notice (Form I-797) with your Receipt Number ******. With the official Receipt Notice (Form I-797) you may visit www.uscis.gov where you can check the status of your case using My Case Status. We suggest you wait until you have received your Form I-797 before checking My Case Status.


When I check the status of my case using the receipt number on the website (or on the phone), I get told this: On December 14, 2015, we received your Form I-130, Petition for Alien Relative, Receipt Number , and sent you the receipt notice that describes how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by January 13, 2016, please call Customer Service ... etc... blah blah.
 

I remember I got the receipt notice in the mail. I don't have it with me right at the moment, but from what I remember it was a paper copy of the 13 digit receipt number and said the case was being processed.

Now you officially know everything that I know.

 

OK. With that 13 digit number you can send a letter to the texas service center and tell them you are withdrawing the case, and enclose a photocopy of that receipt. Then, when you check online with that number it should say it was withdrawn. You can include a note (if you want) saying that you believe that they have not continue processing your application because you have not received an update in XX days and that you have contacted them in numerous occasions and you never received any information. You can say you will introduce another petition for your wife.

 

You should use the number to check online. It has happened that cases get sent to the consulate and nobody tells you anything or they send stuff that gets lost. 

 

Anyway, I think you should send the letter to withdraw and you can send your AOS package at the same time. It is better to withdraw because they might tell you in a few months you have to do that first so it is better to do it before.

 

[Tacomaaroma 1]

8 minutes ago, Coco8 said:

 

OK. With that 13 digit number you can send a letter to the texas service center and tell them you are withdrawing the case, and enclose a photocopy of that receipt. Then, when you check online with that number it should say it was withdrawn. You can include a note (if you want) saying that you believe that they have not continue processing your application because you have not received an update in XX days and that you have contacted them in numerous occasions and you never received any information. You can say you will introduce another petition for your wife.

 

You should use the number to check online. It has happened that cases get sent to the consulate and nobody tells you anything or they send stuff that gets lost. 

 

Anyway, I think you should send the letter to withdraw and you can send your AOS package at the same time. It is better to withdraw because they might tell you in a few months you have to do that first so it is better to do it before.

 

Ok. thank you. Sad. I just looked, the application fee was only $420.00 dollars back then. I don't suppose there is any hope of me getting that back? Haha. 

One last thing I forgot to mention. I did contact my congressman, this time last year. Nothing happened from that either, lol.

Thanks again.

[NigeriaorBust 4,087]

  Why would you withdraw the case  and pay a new filing fee ?  You should file the I485 and attach a copy of your NOA1 from the old case and get on them to find it.    Are you are USC ? 

Edited August 10, 2017 by NigeriaorBust

[Tacomaaroma 1]

1 minute ago, NigeriaorBust said:

  Why would you withdraw the case  and pay a new filing fee ?  You should file the I485 and attach a copy of your NOA1 from the old case and get on them to find it.    Are you are USC ? 

Yes I'm a US Citizen. 

 

What if they never find it?

[NigeriaorBust 4,087]

  You have the receipt that they got the case ( did they cash the check )   that should reserve your place in line and you should be able to claim an expedite based on their error of losing your file.  If they can't find it they should allow you to re send the papers.   Does your wife hold an advanced degree in a STEM field ?

[Coco8 1,042]

31 minutes ago, NigeriaorBust said:

  Why would you withdraw the case  and pay a new filing fee ?  You should file the I485 and attach a copy of your NOA1 from the old case and get on them to find it.    Are you are USC ? 

 

29 minutes ago, Tacomaaroma said:

Yes I'm a US Citizen. 

 

What if they never find it?

 

21 minutes ago, NigeriaorBust said:

  You have the receipt that they got the case ( did they cash the check )   that should reserve your place in line and you should be able to claim an expedite based on their error of losing your file.  If they can't find it they should allow you to re send the papers.   Does your wife hold an advanced degree in a STEM field ?

 

OP never got a RFE or anything. Also, if he didn't send information which he had to send almost 2 years ago, that petition is probably abandoned, right?

 

Before doing anything, as I mentioned before, look for the receipt number and enter it online. You need to find where the petition is. After that you can call USCIS and ask to talk to a tier 1 official.

 

At this point, unless the petition is at the consulate stage, it will be faster to withdraw and AOS since she is in the US. 

 

 

 

 

[NigeriaorBust 4,087]

6 minutes ago, Coco8 said:

 

 

 

OP never got a RFE or anything. Also, if he didn't send information which he had to send almost 2 years ago, that petition is probably abandoned, right?

 

Before doing anything, as I mentioned before, look for the receipt number and enter it online. You need to find where the petition is. After that you can call USCIS and ask to talk to a tier 1 official.

 

At this point, unless the petition is at the consulate stage, it will be faster to withdraw and AOS since she is in the US. 

 

 

 

 

  A new petition goes to the back of the line.  The old one should be expedited.   If he has made contact with them it shouldn't be abandoned.  He needs to push the old I130 with an I485 sent in based on it.   

[Coco8 1,042]

6 minutes ago, NigeriaorBust said:

  A new petition goes to the back of the line.  The old one should be expedited.   If he has made contact with them it shouldn't be abandoned.  He needs to push the old I130 with an I485 sent in based on it.   

The wife is in the US rigth now and they want to AOS directly. They haven't heard about the spousal visa for 2 years.

Edited August 10, 2017 by Coco8

[NigeriaorBust 4,087]

  Yes and AOS can be applied for based on the original I130 filing without paying for a new I130. If the old one is hung up in security checks it will hit the same snag in many months on a new petition., 

[azblk 338]

Do not file a new i-130. Just file AOS for your wife based on the original i-130. Seems you case dropped through the cracks.

[Coco8 1,042]

1 hour ago, azblk said:

Do not file a new i-130. Just file AOS for your wife based on the original i-130. Seems you case dropped through the cracks.

 

6 hours ago, NigeriaorBust said:

  Yes and AOS can be applied for based on the original I130 filing without paying for a new I130. If the old one is hung up in security checks it will hit the same snag in many months on a new petition., 

 

The issue is how to have the case move forward if nothing has happened for nearly 2 years. Besides, because they were applying for a spousal visa they didn't present forms for EAD/AP... It seems easier to start over.

Edited August 11, 2017 by Coco8

[azblk 338]

8 minutes ago, Coco8 said:

 

 

The issue is how to have the case move forward if nothing has happened for nearly 2 years. Besides, because they were applying for a spousal visa they didn't present forms for EAD/AP... It seems easier to start over.

It really doesn't matter. The wife is in the US now and i-130 is already filed. They should just follow up with i-485 and the other forms like EAD, AP and i-864. The i-485 will force uscis to look at i-130 and make a decision. And even if they take forever she will get work permit and AP so she can work and travel while waiting for decision. I fail to see how withdrawing original i-130 makes things easier or faster.

[Tacomaaroma 1]

Coco. I mentioned in my previous reply, I do check the receipt number online. It says "petition received on such and such date". That's it. No mention of consulates or NVC or anything. And when I call uscis, speak with employees, managers, specialists, supervisors, they also just quote what it says online.

[Coco8 1,042]

53 minutes ago, Tacomaaroma said:

Coco. I mentioned in my previous reply, I do check the receipt number online. It says "petition received on such and such date". That's it. No mention of consulates or NVC or anything. And when I call uscis, speak with employees, managers, specialists, supervisors, they also just quote what it says online.

I guess you can try sending the forms @azblk mentions to the application you already have in place and see what happens. The EAD applications would allow her to work in the US while waiting for AOS to be approved. You would not have to pay any fees.

[NigeriaorBust 4,087]

 Create both a service request for being outside processing time and a request for expedite based on USCIS error of losing or not processing your petition in a timely manor.  File the AOS paperwork and the AP/EAD.  Get in touch with an ombudsman and your elected representative .   Keep on their cases until you have an answer.  Try to recreate the original I130 package if you don't have a copy.  Do not let them talk you into withdrawing and refiling.