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Posted
 

 

Hi everyone,

 

My wife was recently rejected for a green card application, and she left to China while I attempt to get her paperwork sorted in America. I'm an American citizen, and I was trying to get my wife a green card (Chinese citizen) through marriage. Basically, my wife was here on a F-1 visa, but originally started on a J-1 student visa. We tried to get her under a permanent resident status through marriage, but on the final I-130 interview, the officer noted that the 2 year rule for the J-1 visa still applied and was never waived. In order for her to become a permanent resident, she would have to take care of the two year rule, so we were ultimately rejected.

 

I'm working with a lawyer to get the paperwork through now, and we've already waived the two year rule from the J-1 visa. We’re requesting that USCIS send the approved I-130 to the National Visa Center, so that my wife can start the green card paperwork in china through Consular Processing. However, this process has already taken 3 months, with an estimated 5 months remaining.

 

My depression has come back in full force since my wife left the country, and I can provide documentation for my emotional distress. My question is this: if I can provide a letter detailing my emotional distress, can I speed this process up at all? It seems that the National Visa Center simply needs to receive our I-130 in order to allow her to begin the Consular Processing. Is there anyway to expedite this?

Posted (edited)

You can contact your state senator. USCIS require hard proof for expedites so you would need a note from a psychiatrist, preferably someone who has treated you for a while.

 

The issue is that they are not going to care about a letter from you mentioning "emotional distress" because anyone going through this process could write that kind of letter. 

 

This guy got his expedited approved but it has been rejected the first time -- most of the time they get rejected

 

 

Do you have a receipt notice? Do you know where the file is at? 

 

If you were able to waive the J1 then you probably did that based on No Objection. Unfortunately, she should have stayed in the US while you guys were doing that and complete her AOS in the US once she had the waiver. Most people do that. 

Edited by Coco8
Posted

I sincerely doubt it. 

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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