Suing USCIS with WOM for I-130 (19 mo delay)

[joliejodi 0]

I stumbled on this thread and just wanted to say thanks to all of you for this information!

My husband and I have been waiting for our I-130 approval for 19 months and our I-129 approval for 16 months and have been fed all the lines in the book about why it has not bee processed. We were even granted an expedite in February 2009, which resulted in us receiving an RFE. But, after returning the RFE promptly, we seem to be stuck in the system again. Despite letters to everyone I can think of, nothing.

It hit me the other day that MAYBE there was a way to take legal action on USCIS but didn't really believe it could be done. Will be checking with my attorney this week! Anyway, thank you for the info and wishing you all the best and a FAST approval. This wait is just too much!

[Rehan 0]

@Ohmy thanks..long time...hope ur hubby is is with you, or will be soon

Thanks to all for your prayers and kind words....

The lawyer just cashed the check last week, and will be sending in the case this week. When I get a number, hopefully I can track it on PACER.

@ Brian and Dona:

DID you retract and then refile the I-130 petition? I had previosly talked with lawyer and asked him to do just that. He told me not to do it, as the USCIS would take just as much long to reprocess the duplicate application. Therefore, I chose to stick with the same application and sue them. I think you should have done the same. I feel like you should talk to other laywers and find your options, or you will just get sucked deep into USCIS limbo.

The USCIS customer service along with the people at congressmen and all are nice, but they dont know jack sheet about the whole process. I told the USCIS rep and congressman people that they have been doing security check on me for more than a year. They said it was "normal". I felt they were just jacking me around. Its just disheartening that they dont hold the same standard when processing applications across the pool. Its such a blatent lie when they say they "expedite" out of processing date application. They have some retarded USCIS automated bot or employee that touches the application randomly so they san sit on it for god knows how long.

It was also my own mistake, too. I should have filed the damn I-129 along with I-130, but chose not to. I filed I-129 this year in january, but I figure I have to sue them to make them actually "see" my application. Also, I knew they will try to screw me again on my wife's green card if she comes here on I-129. My life is like that, so I expect the worse and be ready.

Like I said before, I wont be reimbursed for any atty fee or any monetary value, but I hope USCIS just approves my case. I know alot of people here like GOGO are contemplating on suing USCIS twice to get their spouse to the US. This is totally ridiculous. I have ended up spending $3500 on lawyer and case fee in order to bring my wife here, not to mention $1700 air ticket + expenses just to visit her in Pak this december; all thanks to USCIS. It costs me close to $100 every month to call my wife. I am already a grad student barely making my living on stipend. Worst of all, there is all kind of sheet about to hit the fan in Pakistan, an it worries me alot.

No married person should ever have to wait that long to bring their spouse with them. I was 26 when married; she was 22. Its no way to be living apart from the love of your life, feeling like you are neither single nor married.

hi brother!

Remember we spoke on the phone. Yaar sorry, you have to go through this. I told you I also sued USCIS for my N-400. Now, you should keep in touch with your attorney and ask him to really push AUSA(Assistant US Attorney) who will be defending USCIS. Your lawyer should push AUSA to ask USCIS to expediate the background checks and adjudicate your I-130. Also, you will get alot help from PACERS. If you need any help, please PM me. Best of luck!!!! Later! Rehan.

[michguy 0]

@sasha...yea its me...still stuck ...thanks everybody for helping . Alot of you have been very supportive. I am doing some research into finding a real good lawyer. I already have an immigration lawyer who says he can file fed law suit on my behalf, but I have to meet him and get more info. I am seriously sick of all this #######, as its hurting my marital relationship. Its just too much for one person to bear....

Produke I am also in the same situation. I was stuck in a Name Check for my citizenship and now my wifes I130.

[ghosttridder 0]

I am sick of taking ####### from USCIS, and am thinking of suing them with writ or mandamus (WOM). I have approached my incompetent congressman, OMBUDSMAN, local feild office. All are useless and unhelpful.

My application is pending 19 months. I filed during the "rush" fiasco of summer 2007. My application has never left the Vermont center. I received a LUD in january, and then this week on a SUNDAY!!! This makes me to believe that it was just a system update, and no actual breathing USCIS worker really pulled out my application for any solid action. It was either a system backup, or random touch on applications that seems to collecting dust. The USCIS bot touches them so that they can sleep on it for another 3 months.

At first USCIS wouldnt even tell me the reason for delay, untill a couple of months ago. They finally got off their coolaid and donuts and told me that my application is pending name check. It wont move ahead untill a security clearance is provided. For a person who doesnt even have a speeding ticket, its unreasonable to prolong security check.

SO, after taking their ####### for more than year and half, I am suing them. I think i might be able to ask the court to reimburse for lawyer and fed court fee (about $2500).

I have yet to see my lawyer, but want to ask if any one here has filed a law suit against uscis and has gotten anywhere.

I am soooo sorry for your loss of time with your spouse and family. I've lost 545 days and counting to be with the love of my life I hope things get resolved quickly

[michguy 0]

@Ohmy thanks..long time...hope ur hubby is is with you, or will be soon

Thanks to all for your prayers and kind words....

The lawyer just cashed the check last week, and will be sending in the case this week. When I get a number, hopefully I can track it on PACER.

@ Brian and Dona:

DID you retract and then refile the I-130 petition? I had previosly talked with lawyer and asked him to do just that. He told me not to do it, as the USCIS would take just as much long to reprocess the duplicate application. Therefore, I chose to stick with the same application and sue them. I think you should have done the same. I feel like you should talk to other laywers and find your options, or you will just get sucked deep into USCIS limbo.

The USCIS customer service along with the people at congressmen and all are nice, but they dont know jack sheet about the whole process. I told the USCIS rep and congressman people that they have been doing security check on me for more than a year. They said it was "normal". I felt they were just jacking me around. Its just disheartening that they dont hold the same standard when processing applications across the pool. Its such a blatent lie when they say they "expedite" out of processing date application. They have some retarded USCIS automated bot or employee that touches the application randomly so they san sit on it for god knows how long.

It was also my own mistake, too. I should have filed the damn I-129 along with I-130, but chose not to. I filed I-129 this year in january, but I figure I have to sue them to make them actually "see" my application. Also, I knew they will try to screw me again on my wife's green card if she comes here on I-129. My life is like that, so I expect the worse and be ready.

Like I said before, I wont be reimbursed for any atty fee or any monetary value, but I hope USCIS just approves my case. I know alot of people here like GOGO are contemplating on suing USCIS twice to get their spouse to the US. This is totally ridiculous. I have ended up spending $3500 on lawyer and case fee in order to bring my wife here, not to mention $1700 air ticket + expenses just to visit her in Pak this december; all thanks to USCIS. It costs me close to $100 every month to call my wife. I am already a grad student barely making my living on stipend. Worst of all, there is all kind of sheet about to hit the fan in Pakistan, an it worries me alot.

No married person should ever have to wait that long to bring their spouse with them. I was 26 when married; she was 22. Its no way to be living apart from the love of your life, feeling like you are neither single nor married.

hi brother!

Remember we spoke on the phone. Yaar sorry, you have to go through this. I told you I also sued USCIS for my N-400. Now, you should keep in touch with your attorney and ask him to really push AUSA(Assistant US Attorney) who will be defending USCIS. Your lawyer should push AUSA to ask USCIS to expediate the background checks and adjudicate your I-130. Also, you will get alot help from PACERS. If you need any help, please PM me. Best of luck!!!! Later! Rehan.

I totally understand your pain... and feeling I am going through the same kind of torture by the USCIS with my N400 application and now this #######...

[produke 0]

Hallelujah!

Thanks again yall. I havent had much time to post and read. Been busy with school. I got My NOA2 for both I130 and 129 last month. I havent read everyone's post, but thanks all for the help. @Rehan, thanks...talking to you was very helpful . Thanks to GOGO, john & jean, and Ohmy for the helpful hints as well as moral support

Well, after a 22 months of ordeal, my application has been approved. The approval notices of both I-130 and I-129 were sent to me by the USCIS after few eeks of suing the US government. There were the individuals I had sued:

Eric Holder, Attorney General of the United States

Janet Napolitano, Secretary of Homeland Security

Michael Aytes, Deputy Director, USCIS

Andrea Quarantillo, director of the INS

The hearing date for my case was supposed to be on August 4th, but my lawyer had informed me that my application will most likely be approved before then. He said my wife will most likely get an interview call in October . I have my fingers crossed.

In the end, the lawsuit cost me $2500 ($2000 laywer fee, $500 court filing). It was worth it. I wish I had not gone to Pak in Jan of this year, and instead had filed the lawsuit. Only then my wife would have been here by now.

This has been a long torturous wait for both me and my wife. We have been through some rough and steady times, but I think the wait has taken a toll on me and her. She was screaming with joy when I told her that our case had been approved.

I also told my friends about my win against the US government, and we had a small little party. I still tell everybody that I am celebrating cautiously, since the USCIS can still screw me in the future processing. I am just glad that I have won the battle, but not the war .

By the way if anybody wants contact info for my lawyer, please let me know. I owe it to him for keeping me informed and helping me cope with this never ending ordeal.

good luck to those who are away from their loved ones....I will update this thread if I hear something from the USCIS.

Few days ago, I got the notice that my K3 has been sent to Islamabad. My wife may get interview date soon. Should I wait for the I-130? I feel like going after whatever comes first. I am sick and dying from waiting.

Edited July 20, 2009 by produke

[Rehan 0]

Oh God! Congratulations man!!!!!!

I am so happy for you. Just go for K3. Hope your wife gets here quickly. You know that's how this agency works!! Only when you sue them!! Good luck!!

[produke 0]

Oh God! Congratulations man!!!!!!

I am so happy for you. Just go for K3. Hope your wife gets here quickly. You know that's how this agency works!! Only when you sue them!! Good luck!!

thanks bro. Hope you got the lawyer info if someone you know might need it.

[produke 0]

Ok...so my lawyer got the Affidavit of Support documents and fee pertaining to I130. He asked me to give him support documents such as my Tax returns, original marriage certificate, original birth cert of my wife, her Polica Certificate, her 2 pics, and her passport copies. I have opted to go for I-130, as I will have less headache with it in the future. I heard that if I go with K3, she will have to come to USA and apply for adjustment, which is another $1500, plus lawyer fee.

My wife in Pak also received the K3 interview forms, but I told her to keep them aside, as we are going for I130 immigrant visa. In the K3 papers she received, it was required that she comes to interview with the same original documents that she would have to send me here to give to the lawyer. If I go ahead with I130, and hand over all the original documents to lawyer, do I shoot down any chance of pursuing K3 any further? I feel like going for I130 but am not sure. ANy help will be appreciated.

[imaisha 0]

If you think you might go for both the K-3 and the CR-1 then unfortunately you really need to have two sets of all original documents (birth, marriage, police certificates).

[steve 27]

I am sick of taking ####### from USCIS, and am thinking of suing them with writ or mandamus (WOM). I have approached my incompetent congressman, OMBUDSMAN, local feild office. All are useless and unhelpful.

My application is pending 19 months. I filed during the "rush" fiasco of summer 2007. My application has never left the Vermont center. I received a LUD in january, and then this week on a SUNDAY!!! This makes me to believe that it was just a system update, and no actual breathing USCIS worker really pulled out my application for any solid action. It was either a system backup, or random touch on applications that seems to collecting dust. The USCIS bot touches them so that they can sleep on it for another 3 months.

At first USCIS wouldnt even tell me the reason for delay, untill a couple of months ago. They finally got off their coolaid and donuts and told me that my application is pending name check. It wont move ahead untill a security clearance is provided. For a person who doesnt even have a speeding ticket, its unreasonable to prolong security check.

SO, after taking their ####### for more than year and half, I am suing them. I think i might be able to ask the court to reimburse for lawyer and fed court fee (about $2500).

I have yet to see my lawyer, but want to ask if any one here has filed a law suit against uscis and has gotten anywhere.

If you can get some press started I would be happy to recommend to VJ that your press release (or link to it) be included on our News Section. PM me if you get to this point. Good luck!!

[waiting4approval 2]

Ok...so my lawyer got the Affidavit of Support documents and fee pertaining to I130. He asked me to give him support documents such as my Tax returns, original marriage certificate, original birth cert of my wife, her Polica Certificate, her 2 pics, and her passport copies. I have opted to go for I-130, as I will have less headache with it in the future. I heard that if I go with K3, she will have to come to USA and apply for adjustment, which is another $1500, plus lawyer fee.

My wife in Pak also received the K3 interview forms, but I told her to keep them aside, as we are going for I130 immigrant visa. In the K3 papers she received, it was required that she comes to interview with the same original documents that she would have to send me here to give to the lawyer. If I go ahead with I130, and hand over all the original documents to lawyer, do I shoot down any chance of pursuing K3 any further? I feel like going for I130 but am not sure. ANy help will be appreciated.

I was stuck in namecheck for my citizenship for 33 months.. ended up suing the USCIS in July 08 and I was given the oath date in Sept. 08.. I also wish I had done it sooner than that but thats how Allah had it planned for us so thats just how it worked. I upgraged my I-130 and filed 1-129f soon after I became a citizen.The approval process was quicker after that and both I-130 and I-129F were approved at the same time.. with a lot of research and suggestions/advices we ended up pursuing the I-130 (IR-1 visa) just so we don't get stuck in the process again here in the US.

Personally I would suggest go for IR-1 visa.. InshaAllah she will get the visa at the interview.. if possible, attend the interview with her.

If I go ahead with I130, and hand over all the original documents to lawyer, do I shoot down any chance of pursuing K3 any further

No you can obtain certified copies and send them to NVC for IR-1 and originals for K-3.. you will get the K-3 interview sooner than the IR-1 and hopefully it will be approved.. only then you let go of IR-1.. god forbid, K-3 doesn't go well, they will return the original documents to you and you can present them for IR-1 interview if needed, just in case, but it won't be required since certified copies are sufficient anyway.

Mind you, NVC asks for original OR certified.. .. IF you DONT want to submit originals then you need certified copies and can get a certified copy from teh same place where you got the originals from. Let's say you lost your birth certificate and you need to get another one, where would you go to get another one?!?! this another copy would be the certified copy of your birth certificate.

For the marriage certificate, the same thing, you need to go to the place where you got your original nikkah nama from that same place will be able to give you a second copy of your marriage certificate, which is the certified copy!

I did all this research just so I could pursue both of them together but at the end it wasn't worth all the trouble since it's really hard to obtain certified copies in Pakistan.. we ignored the correspondence for K-3, went ahead with IR-1.. had an interview in July and of course he is on AP now.. hopefully it will be over soon.

Good luck with everything.. it's almost over. :-)

[waiting4approval 2]

sorry double post...

Edited July 28, 2009 by waiting4approval

[hasson 1]

I am a Sri Lankan and my Husband U S citizen.

1. Engaged in 2003. Submitted I-129F in April 2003.

2. Married in Sri Lanka in November 2003. Husband stayed for two weeks and returned to US.

3. Application denied December 2003. Reason was we never met before engagement. His brother is married to my cousin.

4. Submitted appeal January 2004. Case still pending.

5. Approval Notice sent June 8 2004. Our families were ecstatic. Notice of Rescission sent June 9 2004. Our families do not understand what is happening.

6. Visited me for two weeks September 2004.

7. Returned to Sri Lanka September 2005. He has been here since.

8. Submitted I-130 November 2005 Vermont center. Case still pending......

My Husband contact Senator,Ombudsman but nothing.

Edited August 1, 2009 by hasson

[needgc 0]

Hallelujah!

Thanks again yall. I havent had much time to post and read. Been busy with school. I got My NOA2 for both I130 and 129 last month. I havent read everyone's post, but thanks all for the help. @Rehan, thanks...talking to you was very helpful . Thanks to GOGO, john & jean, and Ohmy for the helpful hints as well as moral support

Well, after a 22 months of ordeal, my application has been approved. The approval notices of both I-130 and I-129 were sent to me by the USCIS after few eeks of suing the US government. There were the individuals I had sued:

Eric Holder, Attorney General of the United States

Janet Napolitano, Secretary of Homeland Security

Michael Aytes, Deputy Director, USCIS

Andrea Quarantillo, director of the INS

The hearing date for my case was supposed to be on August 4th, but my lawyer had informed me that my application will most likely be approved before then. He said my wife will most likely get an interview call in October . I have my fingers crossed.

In the end, the lawsuit cost me $2500 ($2000 laywer fee, $500 court filing). It was worth it. I wish I had not gone to Pak in Jan of this year, and instead had filed the lawsuit. Only then my wife would have been here by now.

This has been a long torturous wait for both me and my wife. We have been through some rough and steady times, but I think the wait has taken a toll on me and her. She was screaming with joy when I told her that our case had been approved.

I also told my friends about my win against the US government, and we had a small little party. I still tell everybody that I am celebrating cautiously, since the USCIS can still screw me in the future processing. I am just glad that I have won the battle, but not the war .

By the way if anybody wants contact info for my lawyer, please let me know. I owe it to him for keeping me informed and helping me cope with this never ending ordeal.

good luck to those who are away from their loved ones....I will update this thread if I hear something from the USCIS.

Few days ago, I got the notice that my K3 has been sent to Islamabad. My wife may get interview date soon. Should I wait for the I-130? I feel like going after whatever comes first. I am sick and dying from waiting.

hey produke, can u send me the info of your lawyer. i need to sue the USCIS as well. thank you. - mohsin