Thinking of withdrawing our application

[geowrian 22,337]

2 hours ago, Orangesapples said:

Can she use the already filed I-130 for consular processing? 

2 hours ago, Luckycuds said:

That is a great question, I don't know. @geowrian would you happen to know?

Yes, although it would require the I-130 getting approved first then submiting an I-824 and waiting for that to process.

[SteveInBostonI130 3,434]

9 hours ago, S Brennan said:

Hearsay through a network of immigration lawyers who are freaking out about it. Cause there IS no reason to deny AP, my lawyer fell on his butt when he got that notice and then talked to lawyer friends who were blindsided just the same. 

Hi,

 

Have you tried contacting USCIS yourself, of have you always gone through your lawyer? 

 

I would contact USCIS directly and ask about your AP denial.  Also, ask if you can get an emergency infopass appointment at a local USCIS office due to family bereavement.

[Rearviewmirror 397]

11 hours ago, SteveInBostonI130 said:

Hi,

 

Have you tried contacting USCIS yourself, of have you always gone through your lawyer? 

 

I would contact USCIS directly and ask about your AP denial.  Also, ask if you can get an emergency infopass appointment at a local USCIS office due to family bereavement.

I agree with all the other posters. If you click through the immigration timelines search page on VJ, or through the case filing and progress reports you'll see a lot of approved AP over the last few months, usually as combo cards (myself included). I would get in touch with USCIS and find out why your AP was denied (I believe you should have been  sent a denial letter with a reason?

 

I know this is a very stressful process, which feels like a black box right now, however you have also made it a lot further than many legal (and illegal) immigrants ever do. Looking at VJ timeline stats (here) it looks like the timeline for Albany, NY is more like a year than 35 months, so you might be closer than you think. The current processing time showing is 9.5 - 29.5 months. The first number is the time it takes to complete 50% of cases (the median). The second number is the time it takes to complete 93% of cases - so you could be a coin flip away from being  processed within the next 7.5 months.

 

Getting your green card would provide you with a lot more future stability and entry/re-entry options - and you could still stay outside the US for 6 months at a time or even up to two years if you file for a re-entry permit. This year has been super hard for everyone, but make sure you don't make a decision now that would make things tougher for you in the future too.

[Crazy Cat 41,845]

19 hours ago, NikLR said:

I think something was screwed up by the lawyer on the I-131.

Bingo!!!!!   Personally, I don't recall seeing any other  I-131 denied while the I-765 was approved.  

Edited October 14, 2020 by Lucky Cat

[Cjab 1]

23 hours ago, S Brennan said:

Hey all!

 

Does anyone have experience withdrawing their application/sending a letter to USCIS to explain your situation changed? We applied in October 2018, and only now in August 2020 did I get a temporary working permit. I haven't been allowed to leave the USA in over a year, and family members passed, and the pandemic & cuts to immigration here just make it feel hopeless. Obviously, my spouse is American (I am Canadian), and we have lots of family & friends on both sides of the border, so I am terrified of being banned from re entry, but also just can't wait around forever and not say goodbyes to loved ones at home.

 

It's been a really difficult year, I don't know what to do. Sorry if I am posting in the wrong section, I don't know who to talk to, my husband's family is very insensitive to the stress we've been under.

 

Thanks

You can request to have your file move for consular processing, which actually is better and faster than an AOS (for me that's what I should have chosen if I knew). At least you can wait it wherever you are happy. I had once wonder if the NVC has my file so I asked them, as my lawyer is not so accommodating to help give me a great answer, and that's when i realized that for aos my file is at NBC to go to field office . I completed everything but retrogression file went back to NBC and now its a dead end. Calling tier 2 officer to enquire I got shouted at. I understand your frustrations. I wish I did consular so I wont be trapped here alone and scared. But marriage visa may move differently from work based so look out maybe soon you will be adjudicated. Goodluck.

[Cjab 1]

22 hours ago, S Brennan said:

Hello all! 
 

no, we applied in october 2018 with form i-130, then september 2019 I came to visit and a friend of a friend recommended to talk to an immigration organization that might be able to guide us and I ended up staying and filing for adjustment of status completely out of the blue. 
 

So we have been on that adjustment of status timeline, but I couldnt figure out hownto translate it into the VisaJourney timeline. Anyway, I was supposed to get a EAD with Advanced Parole, but my Advanced Parole was denied as it seems to be the trend... so as of august 2020, my case is “ready to be scheduled for an intervew”, but as it can take between a day and 35 months to get that, I just feel really worn out. 
 

i know immigration is hard on everybody, we just have a lot of family problems thrown in the mix and it’s really unsustainable at this point... 

Oh I'm sorry about that. Dont let immigration ruin your love and commitment for each other. Just keep researching and weigh in together your choices. At least you are together in this .