Case outside of processing - Transferred - Have to wait another 8 months!! HELP

[FayeAlexandra 17]

We have been waiting since Feb 25th (PD) we got Nebraska. Our case went outside of processing two weeks ago, finally got a call back from tier 2 officer. He said our case was transferred in April to California. We asked why we had not received transfer notice or any update and they said its due to staffing issues and shortages. We have already been waiting for 10 months for our NA02 and now have the possibility of waiting another 8.5 months, I cannot take much more of this. They told us our case had not been actively reviewed yet, just transferred. So no one has even looked at it! We are perfect model citizens. No criminal records, never lived in other countries, no medical issues, both have great education and salaries. It makes no sense to me!! I try to compare but its so heartbreaking to see people months behind you get NA02 or embassy appointments within 6 months. Has anyone had success with contacting a senator for help? I am thinking to leave the UK and enter on ESTA and stay the legal 90 days just so we can be together. Does anyone know if this would affect my i130? I would obviously be quitting my job. Does it look bad if you are unemployed? Is filing for AOS an option? Any advice appreciated. 

[NancyNguyen 1,657]

It is fraud you are intending to come and AOS on ESTA. 

[Crazy Cat 41,837]

Adjusting status is not an option for you.  It is illegal to enter the US via ESTA with the intent to stay and adjust status.  You can, however, visit during the spousal visa process.  Quitting your job would be a big red flag if you are questioned when attempting to enter the US for a visit.  When a case is transferred, you don't automatically go to the back of the queue.  Our case was transferred from Nebraska to Texas a few years ago.  It didn't seem to delay our case.  Unfortunately, as @geowrian has said, USCIS is like a large grocery store.  Some lines are just faster than others.  The virus has certainly dealt a blow to the entire immigration system.  Hopefully, your case will proceed soon.

Edited December 10, 2020 by Lucky Cat

[FayeAlexandra 17]

Would never want to commit any fraud. Can you arrive and declare AOS? Or you would have to do this prior?

[Ikhan 49]

Yeah im with california service center as well and i gotta tell you, it sucks. I heard from someone here that they talked to a USCIS officer in person and they were told that CSC is backed up big time. From what i saw on VJ, a lot of cases were completed within 3-4 months when they were first transferred to CSC. Unfortunately some cases were left out and people are still waiting. If you look at the history of CSC for i130 processing, it was initially 5-7 months, then went up to 6-8 then 9-11, then 12-14 and now it's like 12-18 months. They didnt even process i130's when mine was transferred (they had no processing time on their website). I'd recommend you visit your spouse so that it relieves some of your stress. Dont quit your job and get a round-trip ticket. Having an intent to come for AOS is fraud and you shouldnt be doing that. You might have to wait another 8 months... it sucks but it is what it is. I 'm sure USCIS is working tirelessly to get your petition handled. 

 

ps. I'm also a good citizen who has no criminal history, i pay my taxes, good credit and earn well over 100k a year and hardly have any travel history. Same for my spouse.  It looks like it does not a big impact on the decision making/speed of the petition.  

[FayeAlexandra 17]

17 hours ago, Ikhan said:

Yeah im with california service center as well and i gotta tell you, it sucks. I heard from someone here that they talked to a USCIS officer in person and they were told that CSC is backed up big time. From what i saw on VJ, a lot of cases were completed within 3-4 months when they were first transferred to CSC. Unfortunately some cases were left out and people are still waiting. If you look at the history of CSC for i130 processing, it was initially 5-7 months, then went up to 6-8 then 9-11, then 12-14 and now it's like 12-18 months. They didnt even process i130's when mine was transferred (they had no processing time on their website). I'd recommend you visit your spouse so that it relieves some of your stress. Dont quit your job and get a round-trip ticket. Having an intent to come for AOS is fraud and you shouldnt be doing that. You might have to wait another 8 months... it sucks but it is what it is. I 'm sure USCIS is working tirelessly to get your petition handled. 

 

ps. I'm also a good citizen who has no criminal history, i pay my taxes, good credit and earn well over 100k a year and hardly have any travel history. Same for my spouse.  It looks like it does not a big impact on the decision making/speed of the petition.  

Its crazy right? Who would have known it could be so complicated for a married couple. I spoke with our lawyer and they are writing to my husbands state senator directly. I doubt that will do much but I'll do anything at this point. I'm going to enter as a tourist and  stay for 80 days or so from May. Hopefully something might happen by then but our lawyer says this is completely legal as long as you still have domicile in your country, a bank account, a return flight booked and declare you have no will to stay or undertake any work. 

[Crazy Cat 41,837]

1 minute ago, FayeAlexandra said:

Its crazy right? Who would have known it could be so complicated for a married couple. I spoke with our lawyer and they are writing to my husbands state senator directly. I doubt that will do much but I'll do anything at this point. I'm going to enter as a tourist and  stay for 80 days or so from May. Hopefully something might happen by then but our lawyer says this is completely legal as long as you still have domicile in your country, a bank account, a return flight booked and declare you have no will to stay or undertake any work. 

Visiting is fine......but entering the US as a tourist with the intent to stay and adjust status is fraud.....

[Mohammed12345 9]

What your status say online after you recieved your NAO1?

[Ikhan 49]

3 hours ago, FayeAlexandra said:

Its crazy right? Who would have known it could be so complicated for a married couple. I spoke with our lawyer and they are writing to my husbands state senator directly. I doubt that will do much but I'll do anything at this point. I'm going to enter as a tourist and  stay for 80 days or so from May. Hopefully something might happen by then but our lawyer says this is completely legal as long as you still have domicile in your country, a bank account, a return flight booked and declare you have no will to stay or undertake any work. 

I'm hoping that Biden quickly brings back the K3. He hasn't specifically said he would, but some of the terminology he uses in his posts suggests that it might make a come back. It'll be great to reunite immediate relatives while they wait. If he does plan on bringing it back, i hope it's a modified faster version of it. Until then, all we can do is wait. Good luck with the visitor visa application. 

[KK and RB 1]

On 12/11/2020 at 4:34 AM, Lucky Cat said:

Adjusting status is not an option for you.  It is illegal to enter the US via ESTA with the intent to stay and adjust status.  You can, however, visit during the spousal visa process.  Quitting your job would be a big red flag if you are questioned when attempting to enter the US for a visit.  When a case is transferred, you don't automatically go to the back of the queue.  Our case was transferred from Nebraska to Texas a few years ago.  It didn't seem to delay our case.  Unfortunately, as @geowrian has said, USCIS is like a large grocery store.  Some lines are just faster than others.  The virus has certainly dealt a blow to the entire immigration system.  Hopefully, your case will proceed soon.

i’m thinking my case may be similar to your case. I got NOA1 from Nebraska mid Apr 2020 and no response from USCIS until yesterday. It’s so frustrating to see large amount of cases being approved after applied us so I asked USCIS by phone mid November. Though they just said we were processing so I asked status by message and yesterday they finally replied back meaningless message but they told us to check Potomac! So I’m worried they transferred my case but didn’t let me know. 
Potomac takes much longer than Nebraska and I may need another 6months if they transferred our case. It’s soooo unfair.