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Unique and Special Case.. Expert Advised Request

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Hi VJs

I need a special advised since you guys are more experienced on your cases.. l have discussed my case earlier here but no one gave me a good reply.. anyhow I am going to share it here again so you experts can advised so I can have some kind of peace in my life…

My wife filed a petition for me on 24th of December 2014 and that’s our priority date as well but our NO1 date was 12th of Jan 2015 our file is laying in Vermont Service Center, after 5 months in 30th of May, we contact USCIS that why our case if not approve and it’s been a 5 months the agency person over the phone she opened us the inquiry file with referral number… after 2 week we have received a USCIS letter from Memphis Tennessee and its stating below words.

Thank you for contacting USCIS concerning the above referenced application. Below is the summary of what we have found and how the issue has been resolved or additional action required.

What we have done:

USCIS has reviewed your service request, according to USCIS records, your application is still pending at the USCIS Memphis field office (MEM). At this time, we anticipate you should receive a notice of interview from USCIS within two hundred forty days of this notice, Please be advised that posted processing times are goals based on Field Office averages. These goals are subject to change and can vary from office to office. We apologize for any inconvenience caused by delays in processing

WHAT you can Do

If you do not receive a notice of interview from USCIS by the time specified above, please contact the national customer service center at the phone number below.

So, we discussed this issue with our lawyer and he was little pissed over our contact with USCIS as he said we should not contacted them ever and now we have a red flag on our case and our lawyer cannot grantee how long this case will take to resolve, However he asked not to contact USCIS anymore he will do this job and wait for further actions from USCIS.

Someone please advise who ever been on similar situation.

Now my concern is why do they need an interview at this stage with my wife. Second how long this will take more to get approve, third after this interview my case will be faster or will be slow as hell here.... or they will always doubt on us and red flag will be there on my interview as well.

I will be really thankful as I am not getting proper answer from anyone… your help require here.

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Contacting USCIS about your case does not put a red flag on it. Your lawyer doesn't know what he's talking about. It is perfectly normal for a couple to want to ask how their petition is going.

I can't help you with the questions about interview etc as I do not have experience with that type of visa. I just wanted to let you know that being given a red flag for asking about your case is bs.






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I don't understand why your lawyer can't explain this to you? I mean it's what you pay him for, right?! :(

I've never heard of anyone getting a red flag because they contacted US immigrations about their case. I'm guessing the lawyer said that because he wants you using him instead of doing this on your own.

I don't have personal knowledge of being called for an interview as part of the I-130 petition, although a quick Google search did tell me the main reason why most people are called for these interviews. Hopefully, someone with personal knowledge will come along and share it soon.

Good luck!

Edited by mallafri76

Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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Contacting USCIS about your case does not put a red flag on it. Your lawyer doesn't know what he's talking about. It is perfectly normal for a couple to want to ask how their petition is going.

I can't help you with the questions about interview etc as I do not have experience with that type of visa. I just wanted to let you know that being given a red flag for asking about your case is bs.

I agree with Maria&Sewe, i suggest your wife visit her Congress person or Senator see what they can do. Sometimes a letter from them will speed things up but not always. It's worth a try and good luck to you.


America, Give Me My Spouse/Fiancé !

https://www.youtube....O6dwPf8HqZBzjUA

Help us make processing times at USCIS service centers fairer.
http://helptsc.tumblr.com/

-----------------------------------------------------------------------------------------------

Married. 10-16-2011. (L)

I-130 Sent. 03-14-2014 PD changed 6-24-2013. Received DS-261 / AOS Bill: 05-28-2014.

I-130 NOA1. 03-20-2013. Pay AOS Bill: 05-28- 2014. smileys-money-114847.gif

Returned to me due to mistake. 04-27-2013. Submit DS-261: 05-28-2014 Scanned on May 30 Th.
Returned to USCIS
04-30-2013. Send AOS Package: 06-10-2014.
Returned to me again USCIS mistake.
05-14-2013. Send AOS Package: 06-10-2014.
Returned to USCIS. 06-24-2013 due to travel. Receive IV Bill: 07-07-2014. 2uge4p4.gif
I-130 NOA2, Approved. 04-08-2014. Send IV Package: 07-22-2014 Scanned 07/24/2014.
Your I-130 was approved in 283, actual 343 days.
Submitted DS-260; 07/14/2014

Arrived NVC. 04-25-2014. NVC requested parents marriage cert, 10/10/2014

Case number given. 05-20-2014. Last scan date, 10/22/2014
Sent AOS Package: 06-10-2014. AOS Approved: 12-16-2014. egyptian.gif
Sent AOS Package: 06-10-2014.
Receive I-864 Package: 06-25-2014.
Pay AOS Bill: 05-28- 2014. smileys-money-114847.gif

CASE COMPLETE : They lied, 09-17-2014 42.gifActual CC 12-16-2014. Finally smiley-sick014.gif

Interview date given on 12-29-2014. Interview date 02-19-2015

01-29-2015 - Medical

02-19-2015 - Interview: Denied, reason given does not believe we are a Bona Fide marriage. voodoo-smiley-emoticon.gif groin-kick-smiley-emoticon.gif

-----------------------------------------

9hftc5sfgir1vd95.png

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I agree with Maria&Sewe, i suggest your wife visit her Congress person or Senator see what they can do. Sometimes a letter from them will speed things up but not always. It's worth a try and good luck to you.

Yes, contacting your congressman or Senator can do quite a bit. I've seen a few petitions who clearly went through a bit faster because they had involved their representatives. But yes, it is not always guaranteed to speed things up but it doesn't hurt to try! It won't slow things down ;)






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Well you guys are right but my lawyer is asking not to do anything till July after July he will do what ever is require to do.. i know lawyers do not care if case is getting late or anything yes in same part lawyer get pissed why are we directly involving with USCIS so now we have decided to stop contacting USCIS lets see what our lawyer willing to do in since we have paid him.

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Well you guys are right but my lawyer is asking not to do anything till July after July he will do what ever is require to do.. i know lawyers do not care if case is getting late or anything yes in same part lawyer get pissed why are we directly involving with USCIS so now we have decided to stop contacting USCIS lets see what our lawyer willing to do in since we have paid him.

What kind of lawyer is he? How much experience does he have with immigration?

This is a process that you guys can easily do on your own with some support from Visajourney. If I were you, I would not waste another cent on a lawyer who doesn't know what he's talking about. There are so many stories on there about lawyers messing up.






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Hi VJs

I need a special advised since you guys are more experienced on your cases.. l have discussed my case earlier here but no one gave me a good reply.. anyhow I am going to share it here again so you experts can advised so I can have some kind of peace in my life…

My wife filed a petition for me on 24th of December 2014 and that’s our priority date as well but our NO1 date was 12th of Jan 2015 our file is laying in Vermont Service Center, after 5 months in 30th of May, we contact USCIS that why our case if not approve and it’s been a 5 months the agency person over the phone she opened us the inquiry file with referral number… after 2 week we have received a USCIS letter from Memphis Tennessee and its stating below words.

Thank you for contacting USCIS concerning the above referenced application. Below is the summary of what we have found and how the issue has been resolved or additional action required.

What we have done:

USCIS has reviewed your service request, according to USCIS records, your application is still pending at the USCIS Memphis field office (MEM). At this time, we anticipate you should receive a notice of interview from USCIS within two hundred forty days of this notice, Please be advised that posted processing times are goals based on Field Office averages. These goals are subject to change and can vary from office to office. We apologize for any inconvenience caused by delays in processing

WHAT you can Do

If you do not receive a notice of interview from USCIS by the time specified above, please contact the national customer service center at the phone number below.

So, we discussed this issue with our lawyer and he was little pissed over our contact with USCIS as he said we should not contacted them ever and now we have a red flag on our case and our lawyer cannot grantee how long this case will take to resolve, However he asked not to contact USCIS anymore he will do this job and wait for further actions from USCIS.

Someone please advise who ever been on similar situation.

Now my concern is why do they need an interview at this stage with my wife. Second how long this will take more to get approve, third after this interview my case will be faster or will be slow as hell here.... or they will always doubt on us and red flag will be there on my interview as well.

I will be really thankful as I am not getting proper answer from anyone… your help require here.

hahahahahahahahahaha....................What an idiot. "Red flag"

Tell your lawyer I contacted USCIS about 50 times. NOT contacting them is probably more unusual than contacting them.

Edited by Expat1

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I'm sorry but just because this person is a lawyer doesn't mean he/she knows what they're doing. From what I can tell this person has no clue. It's your right to call with or without a lawyer and it does not do anything for or against your case to call. Ultimately it's up to you to do everything your lawyer says but something so important should not be left to someone that has nothing invested in the process but money. You/wife needs to keep up with what is going on. Many have had to wait months due to their lawyers a waste of time money and their sanity. Good luck to you and don't let anyone take your rights away from you.

Just a friendly suggestion, fire your lawyer and get one that is on your side. An angry lawyer is of no benefit to anyone. Just saying, he is getting paid, you should be the angry one.

we cant fire him already paid his full fee in advance so i want to see how long he will wait if nothing happen till july then diff i will use our rights to flight for rights at this moment we r waiting for the interveiw letter from local USCIS office.

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we cant fire him already paid his full fee in advance so i want to see how long he will wait if nothing happen till july then diff i will use our rights to flight for rights at this moment we r waiting for the interveiw letter from local USCIS office.

Here is what I know for fact.

Calling USCIS about the status of your case does not affect your case, does not affect your processing time, and does not put a "red flag" on your file. Your lawyer gave you inaccurate information.

There is no reason to give you inaccurate information unless he is hiding something. It is possible that your case was delayed because of RFE, or some other reason related to an incomplete application, and he does not want you to know about it. It wouldn't be the first time a lawyer farbed up a simple procedure that anyone who can read, write, and fill out basic forms can do themselves.

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Well this post is going slightly repetitive now- I think its been established that calling USCIS does not put a red flag into your file.

It seems the lawyer was upset because you called USCIS directly instead of contacting them (the lawyer) for info. Most lawyers expect to be used exclusively- So they expect all contact to go through them for continuity purposes and so they have control of it. Its why you pay them- for their expertise and guidence. If you are not satisfied get another lawyer.

You have clearly been told at this point you are at the field office awaiting an interview. There is nothing anyone can do to speed up them assigning you an interview slot. Apparently that office is very busy. You will just have to wait for a slot to open.

It is unfortunate your lawyer did not obtain this information for you and you had to obtain it on your own. Again, if you are unhappy with the lawyer not keeping you informed you can switch or discuss with the lawyer what your expectations were and how you feel they failed and perhaps in the future you can work together better if you feel since you already paid switching is not an option...

As for what the interview is- it appears you filed the CR1. That you are outside of the country and the interview is just for your spouse in the US for the 130. Correct?

I am going to be direct here- this means they had issues with her 130. They want to talk to her in person to verify some details. This is not good. This does not happen for the majority of applicants. This typically happens when they suspect fraud or have a serious issue about the validity of things. So something is "off".

Here is a general page with information covering the topic. You should note 130 interviews can occur when both parties are in the US or when its just the one spouse. You would be the latter. The article covers both scenarios.

If you provide more information on why you believe you your spouse was called in for this interview people here can assist you with specific advice beyond what was written in the article.

BUT since you have a lawyer- they should be preparing your spouse for this interview. It also may explain why they got upset that you called USCIS- as if you have a 'special case' with a lot of red flags that needs professional handling- it makes sense that they want to ensure all contact is through them.

http://suburbanimmigrationlaw.blogspot.com/2011/08/what-to-expect-from-i-130-interview.html

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They asked for an update, that is all.

Now logic suggest that there are competent lawyers out there and that people who post on this site mainly are the ones who have dealt with incompetent ones.

Now obviously what the lawyer said is untrue, quite why he said what he said is open to debate. If it is because he thinks that is the truth or is hiding a screw up that would worry me.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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First : How your wife obtained her citizenship ? is it by birth or naturalization ? You need to provide information in order for us to help you.

They don't usually send petitions to the local office only when they are something wrong with the case. so, providing some background on your relation would be helpful.

Regarding your lawyer, If i were you I would fire this lawyer asap, sometimes lawyers screw up cases, you should educate yourself about the process and the procedure. Don't follow your lawyer blindly.

Let your wife call the lawyer and inform him that she no longer wants to retain his service. Let her ask for a partial refund, if he refused, she can contact the state bar on this. they take lawyer's misconduct very serious.

Good luck.


AOS

day 1 -- 04/11/2012-- package sent to Chicago

day 2 -- 04/12/2012-- package was received.

day 43-- 05/23/2012-- Notice for an interview is received for 06/26 @ 2pm

day 63-- 06/12/2012-- Received a Text & email for an update- Card production EAD/AP

day 77-- 06/26/2012-- interview / approved on the spot.

day 86-- 07/05/2012-- Received my GC in the mail.

ROC

day 1 -- 04/07/2014 -- ROC Package delivered to VSC

day 16 -- 04/23/2014 -- Walk-in Bio.

day 197 -- 10/20/2014-- Approval Letter received dated 10/16/2014

day 202 -- 10/25/2014-- GC received

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This is an excellent information. But, you always can swtich lawyers. Also, you have the right to request a copy of your file from your lawyer

Well this post is going slightly repetitive now- I think its been established that calling USCIS does not put a red flag into your file.

It seems the lawyer was upset because you called USCIS directly instead of contacting them (the lawyer) for info. Most lawyers expect to be used exclusively- So they expect all contact to go through them for continuity purposes and so they have control of it. Its why you pay them- for their expertise and guidence. If you are not satisfied get another lawyer.

You have clearly been told at this point you are at the field office awaiting an interview. There is nothing anyone can do to speed up them assigning you an interview slot. Apparently that office is very busy. You will just have to wait for a slot to open.

It is unfortunate your lawyer did not obtain this information for you and you had to obtain it on your own. Again, if you are unhappy with the lawyer not keeping you informed you can switch or discuss with the lawyer what your expectations were and how you feel they failed and perhaps in the future you can work together better if you feel since you already paid switching is not an option...

As for what the interview is- it appears you filed the CR1. That you are outside of the country and the interview is just for your spouse in the US for the 130. Correct?

I am going to be direct here- this means they had issues with her 130. They want to talk to her in person to verify some details. This is not good. This does not happen for the majority of applicants. This typically happens when they suspect fraud or have a serious issue about the validity of things. So something is "off".

Here is a general page with information covering the topic. You should note 130 interviews can occur when both parties are in the US or when its just the one spouse. You would be the latter. The article covers both scenarios.

If you provide more information on why you believe you your spouse was called in for this interview people here can assist you with specific advice beyond what was written in the article.

BUT since you have a lawyer- they should be preparing your spouse for this interview. It also may explain why they got upset that you called USCIS- as if you have a 'special case' with a lot of red flags that needs professional handling- it makes sense that they want to ensure all contact is through them.

http://suburbanimmigrationlaw.blogspot.com/2011/08/what-to-expect-from-i-130-interview.html


AOS

day 1 -- 04/11/2012-- package sent to Chicago

day 2 -- 04/12/2012-- package was received.

day 43-- 05/23/2012-- Notice for an interview is received for 06/26 @ 2pm

day 63-- 06/12/2012-- Received a Text & email for an update- Card production EAD/AP

day 77-- 06/26/2012-- interview / approved on the spot.

day 86-- 07/05/2012-- Received my GC in the mail.

ROC

day 1 -- 04/07/2014 -- ROC Package delivered to VSC

day 16 -- 04/23/2014 -- Walk-in Bio.

day 197 -- 10/20/2014-- Approval Letter received dated 10/16/2014

day 202 -- 10/25/2014-- GC received

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