Can I re-enter the US?

[NikLR 13,232]

1 hour ago, Tristan1978 said:

I don't understand... if the i-130 has been filed as an AOS rather than for consular processing surely It doesn't matter how long my wife / lawyer holds on to the USCIS, it won't change the outcome. Or will it?

YES... IT WILL.

 

The I-130 being sent to the NRC (national records center) is a frequent issue after I-130 approval. Either because someone didn't understand the single question and filled it out wrong OR the USCIS made an error.  Which honestly, happens pretty frequently.  The only time that the I-824 NEEDS to be filed if it's been more than a year since the approval was made.  A few hours waiting on hold to talk to a Tier 2 (ISO) with the USCIS clears up the issue and has the I-130 sent to the NVC within a month or two at most.  Only the petitioner or a lawyer attached to the case can do this as the petition is from the US citizen, not the foreign beneficiary.  I've seen it happen on here more times than I can remember and just a call from the petitioner (since this is a DIY site and most of us forgo the lawyers unless there is an issue with the case) fixes the issue and the case finds it's way to the NVC quite quickly. 

 

I've seen maybe 2 I-824 petitions filed because it's been years later and people finally decide to immigrate.  An approved I-130 does not expire and it's cheaper to file the I-824 than another I-130.  

 

But I've said this to you since the beginning and you choose not to believe me.  Best wishes in your journey. 

Edited November 3, 2017 by NikLR

[Tristan1978 133]

9 minutes ago, NikLR said:

YES... IT WILL.

 

The I-130 being sent to the NRC (national records center) is a frequent issue after I-130 approval. Either because someone didn't understand the single question and filled it out wrong OR the USCIS made an error.  Which honestly, happens pretty frequently.  The only time that the I-824 NEEDS to be filed if it's been more than a year since the approval was made.  A few hours waiting on hold to talk to a Tier 2 (ISO) with the USCIS clears up the issue and has the I-130 sent to the NVC within a month or two at most.  Only the petitioner or a lawyer attached to the case can do this as the petition is from the US citizen, not the foreign beneficiary.  I've seen it happen on here more times than I can remember and just a call from the petitioner (since this is a DIY site and most of us forgo the lawyers unless there is an issue with the case.) 

 

But I've said this to you since the beginning and you choose not to believe me.  Best wishes in your journey. 

Apologies I did not realise that this was an option, I have asked my lawyer to call to rectify the situation.

[Tristan1978 133]

11 minutes ago, NikLR said:

YES... IT WILL.

 

The I-130 being sent to the NRC (national records center) is a frequent issue after I-130 approval. Either because someone didn't understand the single question and filled it out wrong OR the USCIS made an error.  Which honestly, happens pretty frequently.  The only time that the I-824 NEEDS to be filed if it's been more than a year since the approval was made.  A few hours waiting on hold to talk to a Tier 2 (ISO) with the USCIS clears up the issue and has the I-130 sent to the NVC within a month or two at most.  Only the petitioner or a lawyer attached to the case can do this as the petition is from the US citizen, not the foreign beneficiary.  I've seen it happen on here more times than I can remember and just a call from the petitioner (since this is a DIY site and most of us forgo the lawyers unless there is an issue with the case.) 

 

But I've said this to you since the beginning and you choose not to believe me.  Best wishes in your journey. 

What would be the easiest number for my wife to call the USCIS and what is the best way of getting to talk to a teir 2 (ISO) ?

 

Thank you so much

[NikLR 13,232]

1 minute ago, Tristan1978 said:

What would be the easiest number for my wife to call the USCIS and what is the best way of getting to talk to a teir 2 (ISO) ?

 

Thank you so much

Numbers to Call

You can call U.S. Citizenship and Immigration Services (USCIS) toll-free for automated information and live assistance concerning immigration Services and Benefits within the U.S., including Puerto Rico, Guam, and the U.S. Virgin Islands.

Our number is: 1 (800) 375-5283

 

To speak to a tier 2 she should get a CSR (tier 1 on the line) and then tell them she needs an immigration services officer.   Sometimes you can wait for a spanish person to come on the line, then say "english please" and they will transfer to you to a CSR vs having to fiddle with typing in a bunch of numbers trying to get a hold of someone. 

 

https://www.uscis.gov/policymanual/Print/PolicyManual-Volume1-PartA-Chapter3.html

 

Make sure she asks to speak to a supervisor immediately.  Don't even bother speaking to the CSR other than asking to speak to the supervisor.  If they refuse to transfer the call, play hardball. "Sir/ma'am, you are required to escalate my call if I so request, and I do so request." Repeat this, adding "NOW, please" as necessary.  Eventually they have to connect her to a tier 2. 

[Tristan1978 133]

3 minutes ago, NikLR said:

Numbers to Call

You can call U.S. Citizenship and Immigration Services (USCIS) toll-free for automated information and live assistance concerning immigration Services and Benefits within the U.S., including Puerto Rico, Guam, and the U.S. Virgin Islands.

Our number is: 1 (800) 375-5283

 

To speak to a tier 2 she should get a CSR (tier 1 on the line) and then tell them she needs an immigration services officer.   Sometimes you can wait for a spanish person to come on the line, then say "english please" and they will transfer to you to a CSR vs having to fiddle with typing in a bunch of numbers trying to get a hold of someone. 

 

https://www.uscis.gov/policymanual/Print/PolicyManual-Volume1-PartA-Chapter3.html

 

Make sure she asks to speak to a supervisor immediately.  Don't even bother speaking to the CSR other than asking to speak to the supervisor.  If they refuse to transfer the call, play hardball. "Sir/ma'am, you are required to escalate my call if I so request, and I do so request." Repeat this, adding "NOW, please" as necessary.  Eventually they have to connect her to a tier 2. 

I cannot thank you enough.

 

Should we cancel the $465 cheque for the i-824 ?

[Boiler 46,273]

I have often seen it said that with a long abandoned I 130 it is better to start gain than expect them to find it.

[SusieQQQ 11,587]

1 hour ago, Boiler said:

I have often seen it said that with a long abandoned I 130 it is better to start gain than expect them to find it.

Been through this, tried to resuscitate a long abandoned i130 and they totally could not find it.  It was really long though - like 20 years.