Over 17 months waiting on NOA2. Can anything be done?

[LIMmigration 4]

This might come off as venting, but I feel like we've exhausted our other avenues.  Below is our journey from first application to present:

 

ROUND 1

I-130 Sent: 02/07/2019
I-130 NOA1: 02/13/2019
RFE received: 09/26/2019
Case denied: 12/5/2019

The reason given was that the RFE was missing a signature, but signature wasn't needed because spouse lives outside the US.  This was an error on USCIS's part.  This was before covid and our lawyer suggested reapplying since it's faster than appealing.

 

ROUND 2

I-130 NOA1: 01/21/2020
<somewhere in here, transferred to Potomac>

 

As some of you may have experienced, the Potomac processing time window is continually expanding.  I've submitted case inquiries the day it falls outside normal processing time, and have been repeatedly told they're processing in the order they receive.  We're now at >17 months of waiting this round (30 months if you include our first attempt), and I've got yet another inquiry out to them.  They are already past their expected reply date.  I know the government is slow, but never expected this level of gridlock.  I've reached out to my ombudsman and congressperson, but I feel like these have no real impact.

 

Obviously, extremely frustrated at how long we've been separated, especially with how locked down travel is due to covid.  Is there nothing else I can do but wait?  Is anyone else experiencing this level of delay?

 

[DrJayRough 2]

13 minutes ago, LIMmigration said:

This might come off as venting, but I feel like we've exhausted our other avenues.  Below is our journey from first application to present:

 

ROUND 1

I-130 Sent: 02/07/2019
I-130 NOA1: 02/13/2019
RFE received: 09/26/2019
Case denied: 12/5/2019

The reason given was that the RFE was missing a signature, but signature wasn't needed because spouse lives outside the US.  This was an error on USCIS's part.  This was before covid and our lawyer suggested reapplying since it's faster than appealing.

 

ROUND 2

I-130 NOA1: 01/21/2020
<somewhere in here, transferred to Potomac>

 

As some of you may have experienced, the Potomac processing time window is continually expanding.  I've submitted case inquiries the day it falls outside normal processing time, and have been repeatedly told they're processing in the order they receive.  We're now at >17 months of waiting this round (30 months if you include our first attempt), and I've got yet another inquiry out to them.  They are already past their expected reply date.  I know the government is slow, but never expected this level of gridlock.  I've reached out to my ombudsman and congressperson, but I feel like these have no real impact.

 

Obviously, extremely frustrated at how long we've been separated, especially with how locked down travel is due to covid.  Is there nothing else I can do but wait?  Is anyone else experiencing this level of delay?

 

I’m sorry to hear that and hope you get some good news soon. In the first round, do you refer to the signature on supplementary form I-130A that had a missing signature or is it something else? What was the RFE about? Thank you!

Edited July 6, 2021 by DrJayRough

[LIMmigration 4]

11 minutes ago, DrJayRough said:

I’m sorry to hear that and hope you get some good news soon. In the first round, do you refer to the signature on supplementary form I-130A that had a missing signature or is it something else? What was the RFE about? Thank you!

Thanks for the sentiments.  The initial RFE was 100% my fault.  I filled out and printed the I-130A, but accidentally left it out of the packet.  Our RFE was just to submit the I-130A, which we did.  We were denied for missing my spouse's signature on page 3.  However, USCIS's official instructions for I-130 and I-130A says on page 1, "If your spouse is overseas, Form I-130A must still be completed, but your spouse does not have to sign Form I-130A."

 

We tried calling to explain this to USCIS, but all agents gave the standard "you can appeal or reapply" response.  At that time, the appeal process was ~11 months and a new I-130 application was ~10 months, so we decided to just reapply.  Little did we know, covid would completely change that time estimate...

[Ryan H 3,834]

Moved from Process & Procedures to Progress Reports.