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There is Hope

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1997-2009: long distance relationship with my husband (then boyfriend). I have a 10 year b1/b2 visa since 2001. Been seeing each other once a year since 2001.

2008.10.29 travelled to the US to visit him,

2009.4.11 got married, small wedding no gown no tuxedo

2009.4.17 meeting with our immigration attorney. Attorney to file withdrawal of K1, new application for I-485, I-130, I-765 for us

2009.5 attorney filed withdrawal of K1

2009.5 medical check-up done and got sealed report

2009.7.10 receipt from USCIS confirming withdrawal of K1

2009.8 received husband's psych report (by a licensed psychologist in Michigan)

2009.9 husband got certified copies of court records ready + my affidavit stating I am aware of his and he is not a threat to me + friends affidavits

2009.9.16 attorney sent off package to chicago (I485, I130, I765)

2009.9.28 received NOA1 for all of the above peititions (dated 09.24)

2009.9.30 received NOA for biotmetrics appointment (10.23)

2009.10.23 biometrics appointment and I-485, I-765 got touched on USCIS case portfolio

2009.10.26 I-485, I-765 case touched on USCIS site

2009.11.9 email update EAD (I-765) card production ordered

2009.11.10 EAD touched again

2009.11.13 received the same EAD email from USCIS again!

2009.11.14 received interview notice from USCIS in the mail (Dec 17)

2009.11.16 EAD touched again

2009.11.17 EAD touched again

2009.11.18 received EAD card in the mail early morning!!

2009.11.19 Applied for SSN

2009.11.30 I-485 case touched online

2009.12.01 Received SSN card in the mail

2009.12.02 I-485 case touched again

2009.12.07 received interview cancellation letter from USCIS in the mail!

2009.12.18 received biometrics appointment letter for my husband (petitioner) for Jan 4 2010, which we think is STRANGE.

2010.01.14 I-130 case number finally shows up on USCIS website. Initial Review stage.

2010-5-25: I-130 and I-485 been denied. The letter of denial said they mailed us and lawyer a copy of request for further evidence. But neither did we or lawyer got any copy. We are skeptical both copies got lost in mail.

2010-6-24: our lawyer sent off the appeal package for the I-130 by overnight delivery. Packaged was received and signed on 6-25, right on the 30th day since the denial letter was issued.

2010-7-6: received lawyer phone call saying he received a letter from USCIS saying the appeal form he used is not the latest version and the appeal package was rejected. But lawyer said the appeal form he used was downloaded strict from USCIS website one day before he mailed the package out. So it is the current version. Lawyer resubmitted the same package again today asking USCIS not to reject.

2010-7-14: touched but no actual textual update

2010-7-15: touched but no actual textual update

2010-7-19: lawyer received a receipt from USCIS for the I-130 appeal.

2010-7-29: lawyer submitted his brief in support for the appeal and my affidavit for my husband. This brief is not to argue for approval, but to get our 87 days back for the RFE that USCIS claimed to have sent to us back in January while neither we or the lawyer received it.

2010-8-16: EOIR-29 form (appeal for I-130) touched on USCIS website. But no status update.

2010-8-27: received a counter brief from USCIS National Benefits Center towards our appeal for I-130. The brief from USCIS was addressed to BIA but copied us and lawyer in. In their brief, they still said that it was valid to reject our case because they did mail us a NOID or RFE (which we did not receive). They also said we filed an untimely appeal - which according to the certified mail delivery status on USPS, the appeal was delivered on time.

2010-9-14: I-485 and I-765 cases got touched on USCIS website on 2010-9-11. I-130 and EOIR-29 no touch. Called USCIS and spoke to a tier-2 immigration service officer. Was told that she can't see anything done for the Sep 11 touch. I asked if I ever put into removal proceedings would that be indicated on the status update? She said no it's separate.

2010-11-8: last day at work as EAD expired but no renewal due to I-130 appeal.

2010-1-3: husband called USCIS counsel and was referred to call BIA (board of immigration appeals). Husband called BIA and spoke to a clerk who confirmed our appeal documents have been with the Board. However the documents have been moved to different departments back and forth. Therefore it might be why my A number does not exist in the BIA's telephone case status system yet. It's good though - at least I know BIA has our appeal documents. From now on, we should follow up with BIA instead of USCIS...

2011-3-2: mailed out an enquiry letter to BIA in virginia asking them the status of the I-130 appeal. Waiting to see if they will respond.

2011-7-2: received BIA's decision: recorded remanded for entry of new decision. It does not mean the Service will approve us. But the Service is now required to reevaluate our case from beginning. The total appeal timeline (from sending out appeal to receiving a decision) is about 1 year and a week.

2011-7-??: Lawyer sent off a letter to USCIS's national benefits center in MO asking them to forward the remanded I-130 to Vermont (because remanded AWA cases are to be reviewed by Vermont now).

2011-7-25: Husband called USCIS 1-800 number. Got transferred 3 times to get to a tier-2 immigration officer. Asked the officer if record shows that the case been forwarded to Vermont service center. The IO said no such record yet but it usually takes time to process. He said if we don't hear anything by 8.15 we should call again.

2011-10: Received written notice from USCIS that I-130 and I-485 were reopened as a result of the remanded I130 appeal. However, the written notice is ALSO a NOID (notice of intent to deny). The NOID asks that we submit further evidence to prove that my husband is not a risk to me, within 87 days limit. Earlier in the year, around May, we were able to work with a criminal psychologist to do a psych report again. At the same time, the psychologist referred us to his associate, a licensed polygraph examiner, to do a polygraph test. We also obtained some more letters from my husband's side of the family. I also did one more affidavit. My husband did an affidavit as well. His is a very long one, like a biography of his childhood, crimes, how we met, how long we had met, how long we've been living together.

2011-10: Same month as we received the re-opening notice / NOID from USCIS, our attorney submitted a new application of EAD for me.

2011-12: Our attorney mailed all evidences to USCIS in response to the NOID

2012-3: started working again, legally, with the EAD!

2012-9: received a written notice from USCIS, Lee Summit, MO, for an interview at Detroit USCIS mid October.

2012-10: Together with our attorney, all 3 of us met with the Immigration Officer at Detroit USCIS. Basic questions, like what line of work I do, and whether I am a terrorist, were asked. However, no questions were asked about my husband's background. However, my husband took this opportunity to let I/O know once again he is not a threat or risk to me and he asked the officer not to take me away from him - very humble and wholehearted.

2012-12: Attorney said we were approved and forwarded the USCIS auto update email to us. I could not believe it - I asked him if the officer at Detroit couuld have hit the wrong button. He emailed the officer next day and got a firm reply that it was approved. So, our attorney did have the contact email address of the officer and a couple USCIS counsel attorneys in Lee Summit MO. He had been following up with those people heavily in the summer.

2012-mid December: received permanent resident card in the mail :)

Have some hope - my husband always tells me those who care and persist will succeed in the end


I-485, I-130, I-765

My timeline is in my profile

I-130 falls under AWA

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Oh wow that's such a wonderful story. My fiance is still in the country, you both had each other in the US, that's a plus side of it, but either way, this AWA thing stresses everyone out. Could you please IM me what attorney did you use?

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1997-2009: long distance relationship with my husband (then boyfriend). I have a 10 year b1/b2 visa since 2001. Been seeing each other once a year since 2001.

2008.10.29 travelled to the US to visit him,

2009.4.11 got married, small wedding no gown no tuxedo

2009.4.17 meeting with our immigration attorney. Attorney to file withdrawal of K1, new application for I-485, I-130, I-765 for us

2009.5 attorney filed withdrawal of K1

2009.5 medical check-up done and got sealed report

2009.7.10 receipt from USCIS confirming withdrawal of K1

2009.8 received husband's psych report (by a licensed psychologist in Michigan)

2009.9 husband got certified copies of court records ready + my affidavit stating I am aware of his and he is not a threat to me + friends affidavits

2009.9.16 attorney sent off package to chicago (I485, I130, I765)

2009.9.28 received NOA1 for all of the above peititions (dated 09.24)

2009.9.30 received NOA for biotmetrics appointment (10.23)

2009.10.23 biometrics appointment and I-485, I-765 got touched on USCIS case portfolio

2009.10.26 I-485, I-765 case touched on USCIS site

2009.11.9 email update EAD (I-765) card production ordered

2009.11.10 EAD touched again

2009.11.13 received the same EAD email from USCIS again!

2009.11.14 received interview notice from USCIS in the mail (Dec 17)

2009.11.16 EAD touched again

2009.11.17 EAD touched again

2009.11.18 received EAD card in the mail early morning!!

2009.11.19 Applied for SSN

2009.11.30 I-485 case touched online

2009.12.01 Received SSN card in the mail

2009.12.02 I-485 case touched again

2009.12.07 received interview cancellation letter from USCIS in the mail!

2009.12.18 received biometrics appointment letter for my husband (petitioner) for Jan 4 2010, which we think is STRANGE.

2010.01.14 I-130 case number finally shows up on USCIS website. Initial Review stage.

2010-5-25: I-130 and I-485 been denied. The letter of denial said they mailed us and lawyer a copy of request for further evidence. But neither did we or lawyer got any copy. We are skeptical both copies got lost in mail.

2010-6-24: our lawyer sent off the appeal package for the I-130 by overnight delivery. Packaged was received and signed on 6-25, right on the 30th day since the denial letter was issued.

2010-7-6: received lawyer phone call saying he received a letter from USCIS saying the appeal form he used is not the latest version and the appeal package was rejected. But lawyer said the appeal form he used was downloaded strict from USCIS website one day before he mailed the package out. So it is the current version. Lawyer resubmitted the same package again today asking USCIS not to reject.

2010-7-14: touched but no actual textual update

2010-7-15: touched but no actual textual update

2010-7-19: lawyer received a receipt from USCIS for the I-130 appeal.

2010-7-29: lawyer submitted his brief in support for the appeal and my affidavit for my husband. This brief is not to argue for approval, but to get our 87 days back for the RFE that USCIS claimed to have sent to us back in January while neither we or the lawyer received it.

2010-8-16: EOIR-29 form (appeal for I-130) touched on USCIS website. But no status update.

2010-8-27: received a counter brief from USCIS National Benefits Center towards our appeal for I-130. The brief from USCIS was addressed to BIA but copied us and lawyer in. In their brief, they still said that it was valid to reject our case because they did mail us a NOID or RFE (which we did not receive). They also said we filed an untimely appeal - which according to the certified mail delivery status on USPS, the appeal was delivered on time.

2010-9-14: I-485 and I-765 cases got touched on USCIS website on 2010-9-11. I-130 and EOIR-29 no touch. Called USCIS and spoke to a tier-2 immigration service officer. Was told that she can't see anything done for the Sep 11 touch. I asked if I ever put into removal proceedings would that be indicated on the status update? She said no it's separate.

2010-11-8: last day at work as EAD expired but no renewal due to I-130 appeal.

2010-1-3: husband called USCIS counsel and was referred to call BIA (board of immigration appeals). Husband called BIA and spoke to a clerk who confirmed our appeal documents have been with the Board. However the documents have been moved to different departments back and forth. Therefore it might be why my A number does not exist in the BIA's telephone case status system yet. It's good though - at least I know BIA has our appeal documents. From now on, we should follow up with BIA instead of USCIS...

2011-3-2: mailed out an enquiry letter to BIA in virginia asking them the status of the I-130 appeal. Waiting to see if they will respond.

2011-7-2: received BIA's decision: recorded remanded for entry of new decision. It does not mean the Service will approve us. But the Service is now required to reevaluate our case from beginning. The total appeal timeline (from sending out appeal to receiving a decision) is about 1 year and a week.

2011-7-??: Lawyer sent off a letter to USCIS's national benefits center in MO asking them to forward the remanded I-130 to Vermont (because remanded AWA cases are to be reviewed by Vermont now).

2011-7-25: Husband called USCIS 1-800 number. Got transferred 3 times to get to a tier-2 immigration officer. Asked the officer if record shows that the case been forwarded to Vermont service center. The IO said no such record yet but it usually takes time to process. He said if we don't hear anything by 8.15 we should call again.

2011-10: Received written notice from USCIS that I-130 and I-485 were reopened as a result of the remanded I130 appeal. However, the written notice is ALSO a NOID (notice of intent to deny). The NOID asks that we submit further evidence to prove that my husband is not a risk to me, within 87 days limit. Earlier in the year, around May, we were able to work with a criminal psychologist to do a psych report again. At the same time, the psychologist referred us to his associate, a licensed polygraph examiner, to do a polygraph test. We also obtained some more letters from my husband's side of the family. I also did one more affidavit. My husband did an affidavit as well. His is a very long one, like a biography of his childhood, crimes, how we met, how long we had met, how long we've been living together.

2011-10: Same month as we received the re-opening notice / NOID from USCIS, our attorney submitted a new application of EAD for me.

2011-12: Our attorney mailed all evidences to USCIS in response to the NOID

2012-3: started working again, legally, with the EAD!

2012-9: received a written notice from USCIS, Lee Summit, MO, for an interview at Detroit USCIS mid October.

2012-10: Together with our attorney, all 3 of us met with the Immigration Officer at Detroit USCIS. Basic questions, like what line of work I do, and whether I am a terrorist, were asked. However, no questions were asked about my husband's background. However, my husband took this opportunity to let I/O know once again he is not a threat or risk to me and he asked the officer not to take me away from him - very humble and wholehearted.

2012-12: Attorney said we were approved and forwarded the USCIS auto update email to us. I could not believe it - I asked him if the officer at Detroit couuld have hit the wrong button. He emailed the officer next day and got a firm reply that it was approved. So, our attorney did have the contact email address of the officer and a couple USCIS counsel attorneys in Lee Summit MO. He had been following up with those people heavily in the summer.

2012-mid December: received permanent resident card in the mail :)

Have some hope - my husband always tells me those who care and persist will succeed in the end

WOW...your story sound sooo much like ours. We are almost 4 years deep in the process and still stuck in Vermont...Thank you for sharing your story. Some days are so much harder than others, but your story showed there is a light. Fingers crossed. we have been together for 16 years and married for 4 of those.

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WOW...your story sound sooo much like ours. We are almost 4 years deep in the process and still stuck in Vermont...Thank you for sharing your story. Some days are so much harder than others, but your story showed there is a light. Fingers crossed. we have been together for 16 years and married for 4 of those.

My case was denied but still in Appeals , i hope it will be remanded back to USCIS *fingers crossed*


07-24-2009 Received NOA1
08-05-2009 Touched
10-02-2009 I-797C for Biometrics Appt
10-26-2009 Biometrics Appt. Completed
05-11-2010 Request for Evidence on both the I129F and I130
07-01-2010 Case Transferred to Vermont Service Center
10-20-2011 Contacted Ombudsman
02-07-2012 Case denied after almost 3 years =(
03-07-2012 Appeal Filed!
01-20-2013 Contacted Ombudsman again...

06-25-2013 EOIR Appeal Review

Visit my blog at http://goo.gl/ON4wG/

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