InfoPass Appointment was a DISASTER

[Gosia & Tito 199]

So, from what I am hearing, we can legally get married while he is on a tourist visa and then he could go back to Mexico and pack up his life and come back in legally? How? He has a job he will need to give notice to, a car to sell, an apartment to pack up, accounts to settle - he can't just stay here, as someone else mentioned, he has a life there he can't leave hanging. He can't just have family pack up his stuff and send it to him. It isn't that easy.

It is too late now anyway - he is leaving Tuesday morning and today is Saturday, Monday is a holiday, so we can't get a marriage license before he goes. I will try to contact Senator again next week and contact the Ombudsman. I could also try to contact BigGovernment and some of the other sites suggested here.

It is said when someone tries to go the legal way and is forced to go through a long and arduous process when maybe an illegal immigrant would have an easier time. Ugh.

I will probably wait until August 1 or put some absolute last deadline of when we will wait.

As for the suggestions about contacting an Immigration Lawyer - I could try it, but I want to know, is there REALLY anything further they could do? From everything I have read, if your case is stuck in "admin processing"/background checks, there is nothing that ANYONE - not a congressman, not a really good immigration lawyer - can do about it or to get answers about it, so I don't know if I see the point of spending money on that if they can't get any more reasons than I can get from our Congressman.

If you get your story picked up by those carriers mentioned, you would be surprised to see how persuasive this is...specially now that campaigning for next election has started. If you do get the story picked up, make sure your Congressman is noted there, he might be prompted to personally be involved. Make them work for you!

[Ning 619]

So, from what I am hearing, we can legally get married while he is on a tourist visa and then he could go back to Mexico and pack up his life and come back in legally? How? He has a job he will need to give notice to, a car to sell, an apartment to pack up, accounts to settle - he can't just stay here, as someone else mentioned, he has a life there he can't leave hanging. He can't just have family pack up his stuff and send it to him. It isn't that easy.

It is too late now anyway - he is leaving Tuesday morning and today is Saturday, Monday is a holiday, so we can't get a marriage license before he goes. I will try to contact Senator again next week and contact the Ombudsman. I could also try to contact BigGovernment and some of the other sites suggested here.

It is said when someone tries to go the legal way and is forced to go through a long and arduous process when maybe an illegal immigrant would have an easier time. Ugh.

I will probably wait until August 1 or put some absolute last deadline of when we will wait.

As for the suggestions about contacting an Immigration Lawyer - I could try it, but I want to know, is there REALLY anything further they could do? From everything I have read, if your case is stuck in "admin processing"/background checks, there is nothing that ANYONE - not a congressman, not a really good immigration lawyer - can do about it or to get answers about it, so I don't know if I see the point of spending money on that if they can't get any more reasons than I can get from our Congressman.

No. That isnt what you are hearing or reading. Then again, yes. It was you that didnt understand the law when it comes to entering on a tourist visa & being able to marry. What is done after that hinges on his intent at the time he entered the USA at that time. I am not being critical here; few of us have time or the need to become experts in immigration law before we do this.

Could you have married & then he returned legally? Yes. Right after you filed & were approved for a CR 1 visa which would take about one year.

What were you going to do if he got the K 1? He would still have the material things job ect which I guess by your explanation would have ment that he was going back to take care of those things after marrying anyway. If he went back you would then have to petition for the C R 1.

You were in a perfect position to use what took place to have what you want but as you say your lives just arent in a position to do that.

You can contact all those groups but there will no change in the situation. They just dont have any way of pushing USCIS. Stll it serves to make you feel you have done all that you could.

A lawyer is usless to you. They have no impact either other than on your checkbook. They can do nothing you can not do.

The illegals you speak of contribute a great deal to what you are going thru. They have made it easy on themselves but very difficult for others. The difference? They will spend a lifetime looking back instead of going forward. Once caught they will be banned forever.

[aguilayserpiente 2]

I am sorry for the grief and pain this is causing you. Before we go further, these delays are unacceptable.

We are VJ too often sorry examples of citizens because we do not question the wrongs of our government. We accept incompetence and fascism in government. Case in point, in 2009, 29,000 K1 visa petitions were processed. The petitioner with all of the various fees and "I" forms completed pays about $1000 for that Fiance(e) without counting the airfare. That's $29,000,000. The immigration officials have limited education if any. At a rate of $30 per hour a $60k per year salary), those total fees add up to 96,666 hours for which we pay. Viewed differently, we are entitled to 33 labor hours per K1 Petition. Plugging in our names and 5 prior addresses into a data base might add up to 1 hour for the petitioner and beneficiary. The results of a data base search like "accurint" are instant. DHL shipment from the US to some embassy is $50. The rest of the money is surplus value for the USCIS. My Curio and Relic Firearms License took 30 days and a fee of $30, with a high level background check.

I would argue that there is no excuse for the process to exceed one month. Back log is no excuse given the above numbers, i.e. you paid for the service many times over! Now turning to the remedies...

You have taken all of the rights steps: diligence, alternative remedies via congress, etc. You are building your case. Seeking the assistance of the Ombudsman is a must. If that fails now you can explore the following options two options a federal suit seeking a decision and the benefit, or marriage to your fiance while he is visiting at some other time:

1. A federal suit under Administrative Procedure Act seeking a) agency final action and b) absent any evidence of unfitness, the immediate granting of the K1 Visa. This is something that you may pursue in propia persona. For remedy a, you would be demanding a decision irrespective of the merits. Agency delay beyond the published processing times at the USCIS is the basis. For option b, once you feel that the USCIS has had enough time to process a background check, you would be demanding a decision based on the merits.

The theories:

1. Federal Administrative Procedure Act,

2. Federal Mandamus Act,

3. Fifth Amendment of the US Constitution. This is achieved through a Bivens Action named for the case Bivens v. 6 Unknown Agents.

The law in a nutshell:

Source: articles

If you do hire counsel, hand the law to the attorney:

A. http://www.cundyandmartin.com/immigration/issues/immigration-delays.php

B. See the attached AILA articles (x marks the spot).

Doing an in pro per action is within your ability. There are plenty of sample pleadings online. Your facts are very compelling based on all of the steps you have taken and awful treatment you have received.

2. Marriage. If its within your budget, on another B1 visa visit by your fiance, you might explore marriage and submitting a K3 Visa Petition, after his return home. The one response indicating that marriage now would cause you lose the time and effort expended now to start another 9 month wait is a good cautionary observation. One person here suggested that your fiance "overstay" his B1 Visa after marriage here. However, being a Visa violator carries with it its own risks.

Keep hitting the USCIS with letters. Try not to get discouraged.

AILA immigration suits.pdf

AILFMandamusAction.pdf

[aguilayserpiente 2]

The illegals you speak of contribute a great deal to what you are going thru. They have made it easy on themselves but very difficult for others.

Cite your evidence for these contentions.

As I have said previously, we are too often sorry excuses for citizens by accepting the fascism of the state. The OP's experience before the USCIS has been deplorable. However, rather than address the iniquities of the state, too often we scapegoat, not unlike what Germany did in the 1940s.

[Blob18 111]

Cite your evidence for these contentions.

As I have said previously, we are too often sorry excuses for citizens by accepting the fascism of the state. The OP's experience before the USCIS has been deplorable. However, rather than address the iniquities of the state, too often we scapegoat, not unlike what Germany did in the 1940s.

Um, its quite obvious. If people would do things the RIGHT way, there would be no need for the process to be so strick. Back in the early 1900's, Ellis Island and immigration was NO WHERE as strick as it is now because back then people had respect and came in legally for the most part.

Now a days everyone thinks it's their RIGHT to come to the United States and could care less if they do it legally or not, which is evident by the estimated 30 million illegals in the U.S. right now.

[Darnell 8,479]

So, from what I am hearing, we can legally get married while he is on a tourist visa and then he could go back to Mexico and pack up his life and come back in legally? How? He has a job he will need to give notice to, a car to sell, an apartment to pack up, accounts to settle - he can't just stay here, as someone else mentioned, he has a life there he can't leave hanging. He can't just have family pack up his stuff and send it to him. It isn't that easy.

It is too late now anyway - he is leaving Tuesday morning and today is Saturday, Monday is a holiday, so we can't get a marriage license before he goes. I will try to contact Senator again next week and contact the Ombudsman. I could also try to contact BigGovernment and some of the other sites suggested here.

It is said when someone tries to go the legal way and is forced to go through a long and arduous process when maybe an illegal immigrant would have an easier time. Ugh.

I will probably wait until August 1 or put some absolute last deadline of when we will wait.

As for the suggestions about contacting an Immigration Lawyer - I could try it, but I want to know, is there REALLY anything further they could do? From everything I have read, if your case is stuck in "admin processing"/background checks, there is nothing that ANYONE - not a congressman, not a really good immigration lawyer - can do about it or to get answers about it, so I don't know if I see the point of spending money on that if they can't get any more reasons than I can get from our Congressman.

Supposedly, when ya get an infopass appointment, yer supposed to ask questions about yer particular case, and get pointed, learned answers from a human that has high level access to yer casefile.

I get the sense of 'this not happening' at yer info pass appointment. Lots of other silliness, but not anything pointed about yer current case.

Strongly suggest you go back, inquire again, ask pointed questions about the K-1 casefile. If you start getting 'other' answers, ask for shift supervisor, be patient to get that person, insist to get that person.

[nikolacolada 21]

Um, its quite obvious. If people would do things the RIGHT way, there would be no need for the process to be so strick. Back in the early 1900's, Ellis Island and immigration was NO WHERE as strick as it is now because back then people had respect and came in legally for the most part.

Now a days everyone thinks it's their RIGHT to come to the United States and could care less if they do it legally or not, which is evident by the estimated 30 million illegals in the U.S. right now.

I kind of look at it as a vicious circle, immigration is so strict because people came illegally, but now people come illegally because immigration is too strict.

and strict isn't the right word.. maybe "ridiculous" works better.. idk.

[Dumb/Dumber 61]

Im not a 100% sure about this, but if they were to get married now and her husband went back to Mexico, wouldn't they have to apply for CR1 for him to be able to go back to the US to stay? Im pretty sure that he wouldnt be able to stay for good at the moment if they got married - like the OP said, he's got a pretty good job he needs to go back to, and heck, he's got a life back home that needs to be wrapped up before moving.

Id imagine that getting married now AND STAYING would not be a good option, unless you had nothing that needs to be taken care of before moving. Getting married now and going back would me another petition, another waiting period, and more fees to be paid.

Maybe make another Infopass appointment and try to get to talk to a superior?

Im so sorry that this process is taking you so long.

YEP!!!!!

Edited July 4, 2011 by Dumb/Dumber

[Piefre 15]

Oh my gosh, I can't believe what an utter disaster that InfoPass appointment sounded like. I think requesting another InfoPass with someone higher up might be a good next step for you and hopefully get you some actual answers.

Edited July 5, 2011 by Piefre

[A + M 29]

get married and file the i-130/i-485

he can get work authorization via the i-765 which can be filed with the i-485 and approval is about 60 days.

Get married. File for AOS. End of story.

There you go! These are the answers!

Edited July 7, 2011 by A + M

[dulcehh 0]

just english.... i need your help... can you see my timeline and give me your opinion

[dulcehh 0]

we´re waiting for our NOA2 BUT 8 months and nothing, i´m so sick