LOOONG I-485 Wait time!! **GURU HELP NEEDED**

[concerned friend 0]

I am writing on behalf of a friend.... Here is the status:

My friend is a Russian girl in Virginia ( 5 years in the USA)who on a work/travel program marries older USC man (13 years older) after overstaying her visa. In march of 2007 she filed her I-485. She did have an interview after 6 months ( Husband actually forgot a few things during that interview) and was told a decision would be made in a few weeks. Since that time until present, she has had 3 infopass appointments, written to the USCIS Ombudsman's office for help, and recently contacted her local congressman.

The response of the Norfolk Virgina field office was always the case is " pending" or in review. Likewise the Congressman's office has been told the same thing. She has been married to the USC petitioner for almost 4 years now.

My question is this: After filing almost 3 years ago is there nothing she can do but wait? Are there no answers to be had? How can she speed up the process? Seems like this is way outside the normal wait time, and NO ADDITIONAL EVIDENCE has been asked for. PLEASE HELP ADVISE WHAT SHE CAN DO? HOW MANY YEARS IS JUST TO MUCH?!?! Is something that could be remedied with legal petitioning by a lawyer in Immigration court?

++ I have heard been told that having a lawyer file a writ of mandamus could help. Any information on this approach??

[Kathryn41 3,207]

Hmm, this is definitely not right. I am wondering if her file was accidentally 'filed' without being completed and no one has bothered to go and look to see if there has been any changes - just giving a superficial 'look' and not doing the legwork to find the file. I'm glad she has contacted her political representatives and I think she should try to get them to really 'push' for answers. The security checks are all up to date according to the posted information from the FBI so that can't be used as an excuse.

Something I might try if it were me - even though there has been no additional evidence requested - I might gather evidence from the last 3 years that proves this is a valid marriage and that they have been living together ever since as husband and wife - then send that in with a photocopy of the original I-485 (and copy of the cancelled cheque and NOA) and a covering letter basically stating since it has been 3 years since I made my original submission and I am still waiting for a decision, in spite of multiple inquiries, multiple infopass appointments, an appeal to the Ombudsman and through my Senator, I am enclosing additional supporting material to prove that I am in a valid marriage that has now lasted over 4 years, and I respectfully request a decision.

I have no idea if it would work or not but might be worth a try. You could look at a Writ of Mandamus but your friend would be well advised to discuss this route with a competent and knowledgeable immigration attorney. For some reason I am thinking that USCIS did something that negated that pathway a year or so ago, but I don't know for sure.

My AOS took 22 months to process and it wasn't until after I sent an email to CSC that it got any action. While they never said it, I am convinced it was put aside or was filed some place without being finished and my email jarred it loose. That is why I think she might need something to 'jar' her application loose as well. Does she know which office or service center has the application? (Does anyone know, I wonder?)

Edited February 15, 2010 by Kathryn41

[bassagitator 1]

We are in the same boat. All we can do is just wait it out. We have been told that same thing It takes time. .

BTW My wife is younger then me, and that may be why your friend's case is being held up. The age difference may be raising flags.

[edp333 9]

It seems your friends have pursued the AOS with all they can do by contcting the Ombudsman's and congressman. I would suggest they also contact their Senator as the Senate has a USCIS Committee. From my previous research and experience long time Senators are best.

You can file a writ of mandamus (WOM) to try to force the USCIS to make a decision. I know of two VJers that have done so successfully. gogo used a lawyer to get a decision on his wife's K3 petition and Shakil filed one herself to get her AOS approved. The USCIS approved Shakil's AOS shortly after filing the WOM. The USCIS has 30 days to respond to the WOM. In another cases the USCIS fought back with a 15 page response.

Maybe you can try to contact one of these two VJ members for more information. Here is a link to Shakil's story: http://www.visajourney.com/forums/index.ph...=153948&hl=