Unique and Special Case.. Expert Advised Request

[dwheels76 5,463]

Right now the field offices are very backlogged I had a friend up in Detroit (and they are very backlogged) she got the same. Notified in January that she would have a interview in August. That's after sitting at USCIS a year. Well they just talked to her about her evidence just like they would her husband. And all was well.

They made it through NVC and just had their interview in April and he is now here. Wait you must. Nothing your lawyer or anyone else can do about it sorry Could e your country, job your wife has who knows. She just needs to ing her petition package she mailed in and anything else to prove a bonafide relationship when interview time comes. Hope you packed a robust package (and not let the lawyer tell you otherwise).

[Jawaree 717]

Your atty lied about red-flag....I suspect they have questions for you both

that atty should be telling you he will be at the interview...previous posters

have given you all so far, just be sure to get your congress-person on board too

and have all docs & dates correct & factual at interview

[Chris&Angel 5]

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 24^th of December 2014 and that’s our priority date as well but our NO1 date was 12^th of Jan 2015 our file is laying in Vermont Service Center, after 5 months in 30^th 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.

The first question I would have after reading your post. (1) Why is your Petition in Memphis, Tenn. and 'Not at the Vermont Service Center"? (2) Was the Petition sent to the Chicago Lookbox?

USCIS response times from telephone inquiries is 30 days, that's why they give you a tracking number from the conversation.

Congress man/women could help in your matter. Good Luck

Your still in UAE and haven't immigrated yet?

[Chris&Angel 5]

Read the terms and conditions of the retainer agreement, is it a Flat Rate or hourly rate and None-Refundable contract? Your lawyer needs to earn the legal fees, seek Fee's arbatration, and file a complaint with your State Bar Association.

[Sukie 1,440]

It took us 7 months from NOA1 to I-130 approval. And at the time we went through, the AVERAGE was 9 months.

Not sure what the averages are at this point, but you might be jumping the gun a little (and that's also why your attorney may have said July).

Take a breath. We all want this process to go as quickly as possible. It never goes as fast as you want it to!

Sukie in NY

Edited June 21, 2015 by Sukie

[raven52 233]

What concerns me is the notice from USCIS,.,., you have filed five months ago, and it says it might be 240 more days?

Did I miss something here.

I would be more concerned about the processing time than a bad lawyer.

Its just what I saw in the OP's post.

Again, maybe I missed something..,.,..,.,..,

[amkhan 108]

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.

My wife was born American she originally from Tennessee and moved back with advice from our lawyer he stated she needed to prove income before I came to the states as she was an housewife here in Dubai. So she didn't work now she been in the states since late August our stupid lawyer took forever to fill the papers hint the date Dec 24th.

We have only filed the I130 but issue is we are of two different back grounds and religion. However, we been happily married for almost 3 years and we are moving to states on her wishes I could careless to live in the states.

As for this lawyer he was recommended to us by one of my friends who case went smoothly but wife was same nationality background.

For us to do the interview is no issue we have nothing to hide my main issue the time frame how much longer do we have to be apart. Both of us are miserable I just dont want to be an horrible 3-5 years horror story because she said she would come back but its silly to me. Why is the government taking long for husband and wife who clearly been married living together yet an fiance visa is 6 months is finished its like we should have divorced and then entered that way or just visited and never leave just an headache when you try to do things the right way and they pull some crazy bullshit like this with us.

[amkhan 108]

What concerns me is the notice from USCIS,.,., you have filed five months ago, and it says it might be 240 more days?

Did I miss something here.

I would be more concerned about the processing time than a bad lawyer.

Its just what I saw in the OP's post.

Again, maybe I missed something..,.,..,.,..,

No we are more concerned about the process time. We could careless about our lawyer but more upset about more time apart. My wife does fly over every 6 months but its pricey to visit with lose wages we are stuck with two apartment rents ect. So we are more interested in other cases like us does it really take that long what happens ect

[amkhan 108]

The first question I would have after reading your post. (1) Why is your Petition in Memphis, Tenn. and 'Not at the Vermont Service Center"? (2) Was the Petition sent to the Chicago Lookbox?

USCIS response times from telephone inquiries is 30 days, that's why they give you a tracking number from the conversation.

Congress man/women could help in your matter. Good Luck

Your still in UAE and haven't immigrated yet?

1) our lawyer sent the petition so we got NO1 after 12 days from Vermont i don't know where did he filed originally we received NO1 from Vermont.

2) we called USCIS why our case not approve so the operator give my wife a TID referral number and after 15 days we received the above letter from Memphis TN

We paid him (lawyer) flat fees for whole process

We are not worry about lawyer we are worry about time how much time we will be separate from each others

[Soloenta 2,218]

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.

I wish you both much luck and will be praying for you, I hope everything works out for the better and ultimately your Visa.

[Soloenta 2,218]

My wife was born American she originally from Tennessee and moved back with advice from our lawyer he stated she needed to prove income before I came to the states as she was an housewife here in Dubai. So she didn't work now she been in the states since late August our stupid lawyer took forever to fill the papers hint the date Dec 24th.

We have only filed the I130 but issue is we are of two different back grounds and religion. However, we been happily married for almost 3 years and we are moving to states on her wishes I could careless to live in the states.

As for this lawyer he was recommended to us by one of my friends who case went smoothly but wife was same nationality background.

For us to do the interview is no issue we have nothing to hide my main issue the time frame how much longer do we have to be apart. Both of us are miserable I just dont want to be an horrible 3-5 years horror story because she said she would come back but its silly to me. Why is the government taking long for husband and wife who clearly been married living together yet an fiance visa is 6 months is finished its like we should have divorced and then entered that way or just visited and never leave just an headache when you try to do things the right way and they pull some crazy bullshit like this with us.

You got that right my friend, my husband and I will be married 4 years in Oct but the Co decided we aren't a real marriage. I lived with my husband happily for almost 2 years and had to return to take care of my parents. Seems my husband should have asked Immigration for my hand in marriage and not my parents. It just makes you sit down and cry. I think you will be just fine, it just takes a long time to go through the process. Can your wife get a sponsor? If so she can go back to live with you would be better. They held it against us that I had to go back to the USA to take care of my parents.

[Lauren and Kevin 55]

We paid a good immigration lawyer from recommendations, and told him before we hired him what we expected him to do and report.

I've also used this site extensively to ensure our paperwork was a spot on as possible, because the responsibility for our lives is with US.

So we share all we do with the lawyer, and he checks our documents, and advises us, but we are in charge, and he assists us.

I guess what I'm saying here is that no matter what - you guys are making the decisions, and if it feels too long or you have had no response, you have to follow it up and ask, you should not feel it's bad to ask or feel uncomfortable, these are your real lives - to a lawyer it's just another fee!

Your lives - you are the boss !!

[amkhan 108]

You got that right my friend, my husband and I will be married 4 years in Oct but the Co decided we aren't a real marriage. I lived with my husband happily for almost 2 years and had to return to take care of my parents. Seems my husband should have asked Immigration for my hand in marriage and not my parents. It just makes you sit down and cry. I think you will be just fine, it just takes a long time to go through the process. Can your wife get a sponsor? If so she can go back to live with you would be better. They held it against us that I had to go back to the USA to take care of my parents.

No we don't have any sponsor in US that's why she went back infect she was unable to find a better job in UAE so she decided to go back to states where she can do something she never liked UAE for job she has a degree from states and she makes good money in states but if this process go longer then that then she will come back to me and we will live together and will see how can be our joint sponsor. any suggestion to find a sponsor.

[Chris&Angel 5]

NOA1 was your initial Receipt for USCIS saying that they have received your Petition. They are "No Other NOA's as of this date that you of your wife are aware of?", this doesn't pass the smell test with me, your lawyer is not telling you everything, like why is your petition in Memphis. It's been nealy 6 months since the Petition was filed and recieved by USCIS in Vermont, it's at this location where your petition will be apporved for NOA2, then it's on to the NVC, in Portsmouth, NH for the remaining processes.

USCIS in Memphis will probably do the interview in the future, but your not anywhere close to an interview date to ROC (Removal of Conditions), you haven't been issued a Visa to Immigrate yet?

[amkhan 108]

NOA1 was your initial Receipt for USCIS saying that they have received your Petition. They are "No Other NOA's as of this date that you of your wife are aware of?", this doesn't pass the smell test with me, your lawyer is not telling you everything, like why is your petition in Memphis. It's been nealy 6 months since the Petition was filed and recieved by USCIS in Vermont, it's at this location where your petition will be apporved for NOA2, then it's on to the NVC, in Portsmouth, NH for the remaining processes.

USCIS in Memphis will probably do the interview in the future, but your not anywhere close to an interview date to ROC (Removal of Conditions), you haven't been issued a Visa to Immigrate yet?

thats true after NO1 we were waiting or still waiting for NO2 include our lawyer like all other peoples its normal but once we inqure means my wife called USCIS and ask them then they open inquiral request along with referal number.

officailly we have not recived any notice for any action but i was reading the similar case happend with one vj here in 2009 she was asked for interveiw too after her interveiw they approved the petition and send it to NVC and funny thing is her husband was in nigeria after his interveiw he was on AP for another 4 months but in her case USCIS sent her RFI in 2 months my case nothing yet lol

i was never been in US or never applied for US visa.... we are not worry about interveiw we are happily married couple but my question is do i have to wait for 240 days anf if they trasfered my case to memphics then why they did not send us the transfer noticed.