AOS Longggg Delay.. Supervisor Review

[Shakil 4]

Hello,

I don't know where to start my story..

Let me write out the dates of how what happened..

H1b filed by employer: April 06.

Marriage to a US citizen: June 06 In Canada (was studying there).

H1b approved: July 06

I-130 filed: Sept. 06

H1b visa granted: Oct 06

Entered US in Oct 06.

AOS Filed: Dec 06

Interview: Feb 07 (Supervisor review)

I-130 transfered to California: Feb 07.

After my interview, the interviewer took my I-94 and asked me a series of questions. After which, she told us that she is waiting for some file as well as she going to have her supervisor review my file and we would hear from them in two-four weeks. Never heard from them. In a couple of weeks I got a transfer notice that my I-130 case was transferred to magnolia st office in Anaheim. I thought this was the file that may have been missing at my interview and she must have been waiting and it should get approved. It never did. In june 07, i was searching to find out which office my file was at and was surprised to know that there was no office on magnolia street, anaheim. I went out and found out that there was a rehabilitation center there. I did an infopass and went to the office in santa ana where i had my interview and the office told me that this letter has been sent in error and your case is with us and under extended review and your namecheck is cleared. I waited and waited and called and called. Got senator involved, congressman involved.. absolutely nothing. again waited.. We went to a lawyer.. he told us to wait till the second anniversary of your wedding so that they don't have to give you two year conditional green card... I did a service request and got a letter saying that there is an RFE since FEB 07 right after our interview (CAN YOU BELIEVE IT) to which you haven't replied and if you didn't receive it you can get a copy of it at santa ana office.. I took that letter and went to santa ana office and they told me that an RFE was ordered but it was never sent out.. and might never be sent out.. and you should wait..

We celebrated our second anniversary a couple of weeks ago.. and i went to uscis office in santa ana yesterday and still got told that my file is under extended review.. but my namecheck is cleared.. and I should just wait..

What should I doo.. other than waiting.. is there any other option.. ??? maybe file a lawsuit to ask the court to order uscis to adjudicate the case or atleast answer as to what is holding them up.

Any reply.. any help.. any ideas... any similar experiences.. anything would be helpful..

[Shakil 4]

No replies.. anyoneee?

[Kathryn41 3,205]

I wish I knew what to suggest. It seems like you need more 'weight' behind your inquiries. Were your Senator or Representatives of any use to you at all? All I can suggest is keep making weekly INFOPASSES until you get someone who can do more then tell you it is in extended review. Review for what? The namecheck cleared so what else are they waiting for? Are they missing documentation? Even if the RFE was never sent, why was it created? What is missing? This situation is really appalling and maybe nagging is going to be the only thing that is effective at this time. Maybe you just need to keep going through USCIS officers until you find one who is willing to actually find out what is going on and get a resolution. Good luck to you.

[Shakil 4]

I wish I knew what to suggest. It seems like you need more 'weight' behind your inquiries. Were your Senator or Representatives of any use to you at all? All I can suggest is keep making weekly INFOPASSES until you get someone who can do more then tell you it is in extended review. Review for what? The namecheck cleared so what else are they waiting for? Are they missing documentation? Even if the RFE was never sent, why was it created? What is missing? This situation is really appalling and maybe nagging is going to be the only thing that is effective at this time. Maybe you just need to keep going through USCIS officers until you find one who is willing to actually find out what is going on and get a resolution. Good luck to you.

Congressman and Senator didn't do any good. Its no use. Do you think going the way of a lawyer or having him file a lawsuit would do any good?

Thanks for your help!

[zsam 0]

did you ever find out what the RFE was? Try the ombudsman if the congressman hasn't helped at all. These days the lawsuits are really not a good option so I'd try these other resources first. Does the congressman or senator just not have any information--at best they can at least figure out what the deal is. The time they really can't help is when you're stuck in "clearnace" delays.

good luck!

[diadromous mermaid 36]

Hello,

I don't know where to start my story..

Let me write out the dates of how what happened..

H1b filed by employer: April 06.

Marriage to a US citizen: June 06 In Canada (was studying there).

H1b approved: July 06

I-130 filed: Sept. 06

H1b visa granted: Oct 06

Entered US in Oct 06.

AOS Filed: Dec 06

Interview: Feb 07 (Supervisor review)

I-130 transfered to California: Feb 07.

After my interview, the interviewer took my I-94 and asked me a series of questions. After which, she told us that she is waiting for some file as well as she going to have her supervisor review my file and we would hear from them in two-four weeks. Never heard from them. In a couple of weeks I got a transfer notice that my I-130 case was transferred to magnolia st office in Anaheim. I thought this was the file that may have been missing at my interview and she must have been waiting and it should get approved. It never did. In june 07, i was searching to find out which office my file was at and was surprised to know that there was no office on magnolia street, anaheim. I went out and found out that there was a rehabilitation center there. I did an infopass and went to the office in santa ana where i had my interview and the office told me that this letter has been sent in error and your case is with us and under extended review and your namecheck is cleared. I waited and waited and called and called. Got senator involved, congressman involved.. absolutely nothing. again waited.. We went to a lawyer.. he told us to wait till the second anniversary of your wedding so that they don't have to give you two year conditional green card... I did a service request and got a letter saying that there is an RFE since FEB 07 right after our interview (CAN YOU BELIEVE IT) to which you haven't replied and if you didn't receive it you can get a copy of it at santa ana office.. I took that letter and went to santa ana office and they told me that an RFE was ordered but it was never sent out.. and might never be sent out.. and you should wait..

We celebrated our second anniversary a couple of weeks ago.. and i went to uscis office in santa ana yesterday and still got told that my file is under extended review.. but my namecheck is cleared.. and I should just wait..

What should I doo.. other than waiting.. is there any other option.. ??? maybe file a lawsuit to ask the court to order uscis to adjudicate the case or atleast answer as to what is holding them up.

Any reply.. any help.. any ideas... any similar experiences.. anything would be helpful..

So, you are attempting to adjust status on the basis of the marriage to the USC, yet the I-130 has not yet been approved?

[Reneehao 0]

Maybe they are not familiar with your visa type: H1B, Or trying to get more details about your H1B.

[Shakil 4]

zsam:

I am sending the form to ombudsman right now.. to find out whats going on... Congressman and Senator just sent a letter that its stuck in review.. i don't know what that is, but I do know that FBI name check is cleared.. everytime i go to the office, they tell me that your fbi check is cleared..

diadromous mermaid:

Yes I am trying to adjust status from a pending I-130.. the office said that I-485 and I-130 will get cleared once review is completed..

Reneehao:

I am no longer on H1b.. i have an EAD which I renewed end of last year.. got renewed with no problems..

Thank you all for all your help.. I really really appreciate it.. .

[Reneehao 0]

Do you know what REF is for, Tax information, Medical, etc.? If you can figure it out, maybe it can learn what they are looking for.

[Shakil 4]

No, they wouldn't tell me. I tried asking them. i know the people at the window are not telling the truth because all of them have a different story for me..

[Reneehao 0]

No, they wouldn't tell me. I tried asking them. i know the people at the window are not telling the truth because all of them have a different story for me..

Do you thing you can have a chance to talk to the supervisor directly? If so, go the local office try it and nothing to loose.

[Tom_Jim 40]

I'm really sorry that you are going through this! This sounds horrible. I'm hoping that the ombudsman's office is helpful, and from the telephone conferences I've been participating in, your case is exactly what the obmudsman deals with. Best of luck to you, and I hope you get this all sorted out quickly.

[Shakil 4]

I am sending him the form right now..

[Carlawarla 1]

I am sending him the form right now..

I read this thread and I'm hoping you get some action on your querey. Please let us know how it turns out. Best of luck to you in hearing SOMETHING!

[Shakil 4]

Well, I went to an attorney. He told me two options. First to try Ombudsman, for which I sent out the form yesterday. He said wait 30 days for a reply. Second, he said if you don't receive a favorable reply from him then file a Mandamus 'complaint' in US district court which will have the court order USCIS to either adjudicate the case or give specific reason that why they can't within 60 days. Unfortunately, it costs an average of $3500-$4000 in attorney fees as I tried to get quotes from different attorneys.