Confused to no end....please help????

[scorpell 0]

Hi all......well the situation is this and any info would be greatly appreciated.

*Hubby is US citizen, myself Australian citizen.

*Married feb 2007 (3.5 yrs married)

*Turned in GC as advised by USCIS before renewal date.(bad advice)I had to return to australia for family matters.

*Need to re-apply with I-130

My questions are.....1) Once the I-130 is approved, do i need to medical etc in sydney?

2) Is the visa issues immediately as i thought i read that this particular petition is unlimited (special category).Is this correct?

3) When i travel back to the US on this visa i will be granted unconditional 10 yr GC as have been married for over 3 yrs (USCIS informed)?

4) Is there any other forms i need to file with this petition (besides the request for expidite)?

Thankyou so much and any information would be greatly appreciated as right now i need to get home to hubby and right now i have no status within the USA.If i had of known the advice given to me was not only bad but horrendous, i would never have sent my GC back.

Have a great day all and beware......If you are given advice,always get a second opinion....learnt a hard lesson.

Ellen

[CanadianRedneck 8]

Go find Loto..similar situation, from what I understand you have to start 'ALL OVER' again, like a fresh new petition. I don't know all the forms, and you have to meet the criteria for the Expedite, which is listed on the USCIS website. Time frame we're looking at 5 months, plus about 2 months for NVC processing and then a few months on your interview at your local consulate, in Australia!

[scorpell 0]

It's an absolute joke but i now document everything!!!! Joker that told me ought to lose his job,playing with peoples lives....unbelievable.Anyway.....yes i do meet a couple of points on the expidite Criteria:

Expedite Criteria

"All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The burden is on the applicant or petitioner to demonstrate that one or more of the expedite criteria have been met. The criteria are as follows:

1.Severe financial loss to company or individual

2.Extreme emergent situation

3.Humanitarian situation

4.Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States

5.Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)

6.USCIS error

7.Compelling interest of USCIS"

Definitely number 6 but am also applying on grounds of point 1 also as have been back in aus for 6 mnths,paying mortgage in USA and rent here.....killed our finances but just think......if he gave me correct info at the time we would not be starting again.Man wish i had a job where i was able to do it half assed but anyway.

[CanadianRedneck 8]

What's your number 6 reason? I'm being nosey, and the financial loss....that's only to the Petitioner..not the Beneficiary..unless it affects the Petitioner. goodluck.

[scorpell 0]

I had called the USCIS back in March 2010,i had advised them i needed to return to Australia for family matters but my GC was up for renewal but did not know the time i would be here for,advsd could be 12 mnths,no more.The staff member at USCIS advsd me as my GC was due for renewal the following month just to send it back.I asked him why...he told me because you dont know how long you'll be gone for.I asked what happens then and he told me "oh just re apply,it will actually be painless".I explained i will be coming back,am still married,still have our home etc.He ASSURED ME this was the only real option i had.

I honestly thought i should listen to him, ya know being an employee!!!!Geez i don't know....incorrect info perhaps?????? Loto i'm coming to see you HAHA

[LotofPatience 65]

Hi all......well the situation is this and any info would be greatly appreciated.

*Hubby is US citizen, myself Australian citizen.

*Married feb 2007 (3.5 yrs married)

*Turned in GC as advised by USCIS before renewal date.(bad advice)I had to return to australia for family matters.

*Need to re-apply with I-130

My questions are.....1) Once the I-130 is approved, do i need to medical etc in sydney?

2) Is the visa issues immediately as i thought i read that this particular petition is unlimited (special category).Is this correct?

3) When i travel back to the US on this visa i will be granted unconditional 10 yr GC as have been married for over 3 yrs (USCIS informed)?

4) Is there any other forms i need to file with this petition (besides the request for expidite)?

Thankyou so much and any information would be greatly appreciated as right now i need to get home to hubby and right now i have no status within the USA.If i had of known the advice given to me was not only bad but horrendous, i would never have sent my GC back.

Have a great day all and beware......If you are given advice,always get a second opinion....learnt a hard lesson.

Ellen

Ellen,

We are also in the same situation as you. My wife surrendered her GC due to her long absence in the U.S.

My questions are.....

1) Once the I-130 is approved, do i need to medical etc in sydney?

Yes, before the Consulate interview and after getting the visa interview appointment letter

2) Is the visa issues immediately as i thought i read that this particular petition is unlimited (special category).Is this correct?

Yes, for IR1 there is no numerical limit on visa#.

3) When i travel back to the US on this visa i will be granted unconditional 10 yr GC as have been married for over 3 yrs (USCIS informed)?

That's correct, it is IR1 unconditional green card

4) Is there any other forms i need to file with this petition (besides the request for expidite)?

You need to start the I-130 process all over again. Here is the process - http://www.visajourney.com/wiki/index.php/EZGuideSpouse

Currently, CSC takes 5 to 6 months for just I-130 approval and VSC around 3 months.

Loto

[scorpell 0]

Wow...okay thankyou so much for that.Well i think i'm going to apply for the expadite regardless....whats the worst that happens? They deny it.I hope yours goes through extremely soon.Good luck and thankyou again

[LotofPatience 65]

Wow...okay thankyou so much for that.Well i think i'm going to apply for the expadite regardless....whats the worst that happens? They deny it.I hope yours goes through extremely soon.Good luck and thankyou again

I just tried the expedite, but got denied. Expedite denial does not affect the underlying I-130 petition.

Good luck!

Loto

[scorpell 0]

Sorry to hear.I actually called the USCIS and was told to file the I-130 as well as I-485 together to speed it up....does that even make sense? they also apologised for the bad advice i was given but advised me yes,i can apply for the expidite (heres hoping) and also a waiver due to circumstances (good luck to me with that one).Anyway......now im really confused.do i or don't i file together and now my husband has been made redundant,are we going to fall under poverty guidelines? shoooottttttt!! yep just even more frustrating and upsetting.