I 130 petition transferred 3x, now interview at field office

[mrs thb 331]

Read my signature to get the gist....

We're not looking for a pitty party just insights.

We have no idea why our case has been transferred so many times. Although we suspect why we have no idea why we both are being called in for an interview. Why not send us an rfe to gather more evidence? A USCIS rep stated the interview is a "normal procedure" however we can't seem to find much out about either of these.....info about both of these, on vj and the web, is extremely limited. If this is a normal procedure shouldn't there be loads of information available to the public??

We are mature couple who have known each other for 10 years. Neither of us are transient or have police records: we are clean, clean, clean. We have each worked in the same industry for nearly 3 decades. We are very stable people. Beneficiary is from Canada and is also a teacher who needs a police declaration annually.

We were approved for a K1 in 2012 but cancelled it (pension reasons) before using it. It was cancelled properly and visa is stamped "without prejudice". Many others here have also done this and have had no problem or delays.

We don't mind being interviewed. We see each other every 6 weeks and have lots of proof of a bona fide relationship and marriage.

What we don't get is the delay Why must we wait 60 to 90 days to receive notice of a pending interview...then wait another 30 days for the interview to take place?Surely the Reno field office isn't that busy. Will we get NOA2 approval on the spot or will we need to wait another 30 to 60 days for Reno to process the approval? Or, from there will our case be transferred yet again back to a service center where we wait an additional 30 to 60 days for approval????

We have sat quietly until now. We don't want this to appear we are rocking the boat....were not. We just want to be sure we have done things correctly, continue to do things correctly and receive the same service as others....gosh TSC is approving NOA1's from April 3rd!!!!

We have thought about letting the USCIS Osmbudman know about our case, specifically the 3 transfers and the severely delayed action on the interview at the field office, should we? Will that expedite anything for us?

We have also thought about informing the USC's Senator and Congressman.

We understand USCIS' role: protecting its nation, and we know humans can only do so much. But, we too are human and would love to begin living together and being a real husband and wife.

Your thoughts and experiences are appreciated.

Namaste

[Hypnos 6,576]

Interviews for standalone I-130s are extremely rare, and are almost always done when there is a problem with the case. You should consider retaining an attorney and having them attend this "interview" with you. Are you both planning to go?

Contacting either the DHS Ombudsman, one of your congressional representatives, or actually doing both may be a good idea. There is a reason why you are being passed from pillar to post, you just need to ascertain what that reason is.

[mrs thb 331]

Interviews for standalone I-130s are extremely rare, and are almost always done when there is a problem with the case. You should consider retaining an attorney and having them attend this "interview" with you. Are you both planning to go?

Contacting either the DHS Ombudsman, one of your congressional representatives, or actually doing both may be a good idea. There is a reason why you are being passed from pillar to post, you just need to ascertain what that reason is.

thanks Hypnos.....I was hoping to get responses from senior members...... and still hoping more reply.

your reply was my biggest fear....."are extremely rare"...we sensed this when we could locate very little information on standalone interviews for I 130's. Problems with our case??? we can't figure out for the lives of us what, why or where it could be? hence we ask "why don't they just rfe us to get answers and clarity".

as for the movement (transferring), we still don't get it. there so little understanding and so little to go by. I wish others would chime in.

we have no idea where we are in this ir1/cr1 processing, ie. the beginning, the middle or nearing the end. all we know is it isn't going to be done any time soon. its been 7.5 months already and given the interview timeframe, it will be close to January before that happens,....that's 12 months!!! and a heck of a lot of tax $$ cuz surely they've exhausted the $420 application fee.

as for a attorney.....do we get one in the USA (petitioner) or from Canada (beneficiary)?

yes, we both plan on attending the interview. we both attended the 2nd info pass appt (at the Reno field office).

guess we'll start drafting up letters to get them out asap.

cheers!

[mrs thb 331]

just found this from Darnell....."Shifting it sideways, I also think the adjudication guidelines for standalone I-130s at the local office ARE NOT the same as CSC or VSC.

It's sorta free-range, with the each local office trying something different .

For clarity, get into the local USCIS office on an infopass - ask for the I-130 unit supervisor, don't leave till you've talked with that human. There's a layer of humans you must wade through, once there. " January 2013, http://www.visajourney.com/forums/topic/410659-standalone-i-130s-transferred-to-field-office/

Now we're thinking the Reno field office has no idea what's going on with our case and perhaps are thinking we are both living in the US and are adjusting status as one letter we received spoke about premium processing. Could they have misread our case?

Are there such persons "I-130 unit supervisor" at field offices?

Darnell, if your out there, can you help???

Thanks!!

[Hypnos 6,576]

I-130s are no longer handled at local offices unless filed with an I-485 for a concurrent adjustment of status application; that's why it's so unusual for you to be having an I-130 interview.

As for an attorney, it would be for the petitioner, since that's the step in the process that you're currently stuck at. I'm still not beyond thinking that this is somehow a mistake and once you go to this "interview" they will figure that out.

[allyinchicago 8]

well I had an interview at the Chicago field office and it sucked. I'm the American born petitioning for my husband. in june 2013 we got the notice it was being transferred to our field office pending an interview. of course Chicago is over loaded with foreigners and I had to wait until nov for my interview. she told me it wasn't normal procedure and I was a special case, whatever. first thing she asked was, so your husband was deported? no he wasn't. yes he overstayed but I know a lot of people whos spouse overstayed and they never had to do an interview. then she asked about my first husband. then she asked a ton of questions about how we met, where I went to school, tons of things about me. she wrote everything down. I had our then 8 month old daughter with me in the interview and she was like are you sure that's his? I was shocked. It seemed odd to her I was pregnant the first month of marriage? at the end she was like I have all the info I need, I said are you sure. she said yes you'll get an answer within 30 days. I had to go back 2 times(dec and jan) finally got a manager who cared and called me mid-jan to tell me the officer who did my interview is doing a RFE. I told the manager I specifically asked if she had anything and she said yes, you aren't missing anything. she said sorry but she's requesting one more thing. this stupid had the nerve to request a dna test for my daughter and husband. $800 later test was done and sent in. took them another 2 months (and another 2 trips bugging them) before they approved our I-130. and the same nice manager called me to tell me case was getting approved that day.

now I'm sure this isn't like your case but this is what happened to us. you just have to keep after them.

[milimelo 4,481]

OP, sorry about the long wait and your case being moved so many times. I'm pretty sure your husband does not have to attend the interview unless he is already in the country visiting. It's an interview for I-130 and at that stage only petitioner is interviewed if need be (rare, but does happen).

I'd do the infopass, 2nd tier IO when calling USCIS line and definitely involve your congressman/senator. It could be the old K-1 tripping the system even though the visa was cancelled properly and without prejudice.

Good luck!

[mrs thb 331]

I-130s are no longer handled at local offices unless filed with an I-485 for a concurrent adjustment of status application; that's why it's so unusual for you to be having an I-130 interview.

As for an attorney, it would be for the petitioner, since that's the step in the process that you're currently stuck at. I'm still not beyond thinking that this is somehow a mistake and once you go to this "interview" they will figure that out.

very interesting....maybe this is why the service rep was confused (we both attended the last info pass appt) when I replied "I'm his wife, I'm visiting" to her question who I was. going to investigate this one.....the more I think about this, the more I am convinced they have misread something in our file and we are not adjusting status, we are awaiting our NOA2 but heck, if they want to fast forward us, we'll take it!!!! lol

well I had an interview at the Chicago field office and it sucked. I'm the American born petitioning for my husband. in june 2013 we got the notice it was being transferred to our field office pending an interview. of course Chicago is over loaded with foreigners and I had to wait until nov for my interview. she told me it wasn't normal procedure and I was a special case, whatever. first thing she asked was, so your husband was deported? no he wasn't. yes he overstayed but I know a lot of people whos spouse overstayed and they never had to do an interview. then she asked about my first husband. then she asked a ton of questions about how we met, where I went to school, tons of things about me. she wrote everything down. I had our then 8 month old daughter with me in the interview and she was like are you sure that's his? I was shocked. It seemed odd to her I was pregnant the first month of marriage? at the end she was like I have all the info I need, I said are you sure. she said yes you'll get an answer within 30 days. I had to go back 2 times(dec and jan) finally got a manager who cared and called me mid-jan to tell me the officer who did my interview is doing a RFE. I told the manager I specifically asked if she had anything and she said yes, you aren't missing anything. she said sorry but she's requesting one more thing. this stupid had the nerve to request a dna test for my daughter and husband. $800 later test was done and sent in. took them another 2 months (and another 2 trips bugging them) before they approved our I-130. and the same nice manager called me to tell me case was getting approved that day.

now I'm sure this isn't like your case but this is what happened to us. you just have to keep after them.

hummm, looks like you went alone.

Service rep at last info pass appt declared "I must attend". When I got a bewildered look on my face, she questioned that. I clarified "Yes, I will attend, I must attend the interview in Montreal, at the US Embassy there. It is where I get the visa. Its the final step in the I 130 process". She looked puzzled but did not say anything, so I clarified further "You are talking about that interview?" She said "No". I questioned where it would be then, and she said "here". Obviously alarm bells are now ringing in our heads now as to why and how. She questioned my facial expressions yet again and asked why I was concerned. I explained how my understanding of the process was interviews were typically held at the end, at the embassy in the beneficiary's country. She indicated not so and that it is common practice to have interviews locally. Still stunned, I then asked when would it be. At that point she said she cannot say anything else. But, she did question me again about my worry. I explained that I teach, that school would be starting soon and it is very difficult for a teacher to get time off during the school year aside from holidays. She didn't say anything more, but her face did.

Needless to say we left with more troubles than when we arrived.

Your story indicates we need to be very vigilant and do our homework.

Something just doesn't sit right with us....none of this makes sense no matter what angle we look at it.

Would it be within our rights to schedule another info pass appt, ask to speak with a I 130 supervisor to:

-get clarity on our application process (standalone I 130 and not I 130 and I 485 concurrently)

-get status of cancelled K1

-seek clarity of who needs to attend interview (petitioner and beneficiary or just petitioner)

-seek purpose of interview (gather more information, qualify bone fide relationship, etc)

-and question if legal representation is necessary

-and finally request action on interview date????

Thinking its time, too, to get others involved.

[Hypnos 6,576]

I would make another Infopass appointment and ask to speak to a supervisor when you get there. Stress to the supervisor that you are not filing for adjustment of status, have not filed an I-485, have no intention of filing an I-485, and make sure they understand that any interview will be on the basis of the I-130 alone, nothing else. This should actually get an answer one way or another as to whether it's a mistake, or your husband is receiving one of these ultra-rare standalone I-130 interviews.

I would also add that USCIS cannot compel the beneficiary to be at a standalone I-130 interview; by definition, most beneficiaries will still be in their home countries at that point.

Edited September 15, 2014 by Hypnos

[allyinchicago 8]

very interesting....maybe this is why the service rep was confused (we both attended the last info pass appt) when I replied "I'm his wife, I'm visiting" to her question who I was. going to investigate this one.....the more I think about this, the more I am convinced they have misread something in our file and we are not adjusting status, we are awaiting our NOA2 but heck, if they want to fast forward us, we'll take it!!!! lol

hummm, looks like you went alone.

Service rep at last info pass appt declared "I must attend". When I got a bewildered look on my face, she questioned that. I clarified "Yes, I will attend, I must attend the interview in Montreal, at the US Embassy there. It is where I get the visa. Its the final step in the I 130 process". She looked puzzled but did not say anything, so I clarified further "You are talking about that interview?" She said "No". I questioned where it would be then, and she said "here". Obviously alarm bells are now ringing in our heads now as to why and how. She questioned my facial expressions yet again and asked why I was concerned. I explained how my understanding of the process was interviews were typically held at the end, at the embassy in the beneficiary's country. She indicated not so and that it is common practice to have interviews locally. Still stunned, I then asked when would it be. At that point she said she cannot say anything else. But, she did question me again about my worry. I explained that I teach, that school would be starting soon and it is very difficult for a teacher to get time off during the school year aside from holidays. She didn't say anything more, but her face did.

Needless to say we left with more troubles than when we arrived.

Your story indicates we need to be very vigilant and do our homework.

Something just doesn't sit right with us....none of this makes sense no matter what angle we look at it.

Would it be within our rights to schedule another info pass appt, ask to speak with a I 130 supervisor to:

-get clarity on our application process (standalone I 130 and not I 130 and I 485 concurrently)

-get status of cancelled K1

-seek clarity of who needs to attend interview (petitioner and beneficiary or just petitioner)

-seek purpose of interview (gather more information, qualify bone fide relationship, etc)

-and question if legal representation is necessary

-and finally request action on interview date????

Thinking its time, too, to get others involved.

yes I went alone, my husband hasn't been in the US since he bought his ticket and left in 2010. please get your congressman and senator involved and keep after them. I had both of mine constantly making inquiries. I made more infopass appointments then I can count, like every couple of weeks. all the reps at the windows knew me and just had rude attitude towards me. finally I had one manager who actually did what she said, which was to find the one who interviewed me and see what's up with the delay.

I called every few weeks to speak to a tier 2 manager and everytime I called they could never see what was happening at the local office because they don't have to update the system like service centers do. infact to this day if you go check case number online it's never been updated to approved even though they sent my case to NVC.

I never thought I would have to get others involved but after 8 months of nothing I started with congressman then senator.

[Darnell 8,478]

just found this from Darnell....."Shifting it sideways, I also think the adjudication guidelines for standalone I-130s at the local office ARE NOT the same as CSC or VSC.

It's sorta free-range, with the each local office trying something different .

For clarity, get into the local USCIS office on an infopass - ask for the I-130 unit supervisor, don't leave till you've talked with that human. There's a layer of humans you must wade through, once there. " January 2013, http://www.visajourney.com/forums/topic/410659-standalone-i-130s-transferred-to-field-office/

Now we're thinking the Reno field office has no idea what's going on with our case and perhaps are thinking we are both living in the US and are adjusting status as one letter we received spoke about premium processing. Could they have misread our case?

Are there such persons "I-130 unit supervisor" at field offices?

Darnell, if your out there, can you help???

Thanks!!

Yes, you can find the human fulfilling that role at the local office in Reno. Not by phone. Must go in person.

[mrs thb 331]

Thx Darnell, nice muggggggg!

Going to do as suggested.

Thanks everyone......the next round is on us, okay?