Can I sue USCIS if they caused my marriage to fail?

[casualsurfer 25]

I was curious if by keeping my wife away from me for a lengthy period of time and it caused a breakdown in my marriage due to financial burdens and obviously not being able to consummate my marriage, can I sue the USCIS in civil court for damages?

[quitepainful 56]

Honestly, i read something somewhere that you cant sue them because of some federal or civil something... i read that on VJ somewhere but i cant remember where, otherwise i would post link for you.

You filed less than a month ago... i think you would probably need to show extended periods of time to have even a shot of making a case agains the gov't, if at all. Currently processing times are about 7-10 months for NOA2 then NVC + interview. Probably ball park about 12 months... if outside of that processing time perhaps you could have a case?

Just trying to be helpful, thats all. sorry if i wasnt.

[Pitaya 2,577]

~Moved from IR1/CR1 Process to General Immigration-Related Discussion Forum~

~Inquiry applicable to many visa processes~

[indiana_sweetie 120]

I think everyone here on VJ is suffering or has suffered long separation. Immigration is not for the faint of heart. Work harder, save more, plan a visit, love more, stress less.

[casualsurfer 25]

Honestly, i read something somewhere that you cant sue them because of some federal or civil something... i read that on VJ somewhere but i cant remember where, otherwise i would post link for you.

You filed less than a month ago... i think you would probably need to show extended periods of time to have even a shot of making a case agains the gov't, if at all. Currently processing times are about 7-10 months for NOA2 then NVC + interview. Probably ball park about 12 months... if outside of that processing time perhaps you could have a case?

Just trying to be helpful, thats all. sorry if i wasnt.

No you're very helpful, I'm just frustrated at this whole immigration thing that seems to be designed to keep people out and law abiding citizens are the ones who suffer. No wonder the gun lobby is so successful talking about how criminals don't do background checks, etc.

Maybe we should band together and start a Super PAC and go after this issue.

[dwheels76 5,468]

I was curious if by keeping my wife away from me for a lengthy period of time and it caused a breakdown in my marriage due to financial burdens and obviously not being able to consummate my marriage, can I sue the USCIS in civil court for damages?

The answer is NO. Suing the government although not impossible sure would cost you more than you have.

You would have to show direct evidence that the delay was the reason. Not anything else. You would have to show why you couldn't travel to be together. As far as consummating they can argue why did you marry someone you didn't meet in person.

Less that 10 years ago (mid 2000) it took 3 to 5 years to get family and spouse here. The government although for us now seems like a snails pace has improved over 300% in less than 8 years. I know small consellation for those waiting. But waiting you must.

What is stopping you from living in her country. You have to look at every factor everything and say REALLY. The government??

[belinda63 3,039]

You have to have the government's permission to sue them. Overall you would bear the burden of proof and it would be impossible to show that the sole reason for marriage issues was due to what? The government doing their job? The government having a serious backlog of applications? How exactly would you place the blame on the government?

Married military members go through this all the time. Civil employees sometimes, depending on the job. How would you prove it was the government's fault?

[casualsurfer 25]

The answer is NO. Suing the government although not impossible sure would cost you more than you have.

You would have to show direct evidence that the delay was the reason. Not anything else. You would have to show why you couldn't travel to be together. As far as consummating they can argue why did you marry someone you didn't meet in person.

Less that 10 years ago (mid 2000) it took 3 to 5 years to get family and spouse here. The government although for us now seems like a snails pace has improved over 300% in less than 8 years. I know small consellation for those waiting. But waiting you must.

What is stopping you from living in her country. You have to look at every factor everything and say REALLY. The government??

Well for starters, I'm the bread winner and by living in her country (not a country recognized by our political leaders, I might add, thanks to China) it will be a financial hardship for us and my kids from a previous marriage. Without her here I have to pay for after school care, another expense.

I can visit her, and I have, so has she, but unfortunately the POE agents told us flat out last time she needs to re-enter this country not using a visitor's visa but rather a spousal visa. I filed the I-130 intending to do a K-3, but everyone here says don't do it because the timing is the same and it'll just cause delays to my I-130/CR-1 application. Consummating the marriage once in a few months is not the same as being able to do so every night...oh yeah baby.

Since we are all in the same boat and are frustrated by the USCIS, I don't see why we can't band together and form either a PAC or a 527 organization to lobby our one and only issue.

[OnMyWayID 1,489]

Absolutely! The case should be decided sometime in 2020, cost lots of money, and you will lose.

Experts in immigration have made suggestions as to how to speed up the process and reduce the fraud.. Much of the suggested changes would not go over well with many here: drop the K-1, no longer allow co-sponsors, require a common language, increase minimum income to 200% of poverty, etc, etc.

Edited December 13, 2013 by OnMyWayID

[Cathi 5,771]

I was curious if by keeping my wife away from me for a lengthy period of time and it caused a breakdown in my marriage due to financial burdens and obviously not being able to consummate my marriage, can I sue the USCIS in civil court for damages?

did you never meet here and never consummated the marriage? Seems you have. They government isnt preventing you from seeing or consummating,you can always travel to her. You just filed a month ago, what exactly would you be suing for? ..most of us have had to endure months and months away from our significant others, some years. It's immigration, you knew what you were getting into. The US government also isnt preventing you from immigrating to her country. I know you are going to come back and say everything about no job opportunities there, different way of living ect...but it was your choice to have her come here, not the US government's.

[aaron2020 11,651]

I was curious if by keeping my wife away from me for a lengthy period of time and it caused a breakdown in my marriage due to financial burdens and obviously not being able to consummate my marriage, can I sue the USCIS in civil court for damages?

You can sue. However, you case will be tossed out of court.

What has USCIS done wrong? What laws has USCIS violated in handling your case?

You cannot win if the case is simply taking longer than you would like.

You made the choice to marry a foreign citizen. There is no absolute right for your foreign spouse to live in the US based on your marriage. The financial burdens are yours choices too.

There is a process for you to get your wife here. Immigration is not Burger King. You can't have it your way.

-

You need to take a breather. You filed last month and you are already up in arms about suing and getting a Super Pac together. You are over reacting by a lot.

Edited December 13, 2013 by aaron2020

[indiana_sweetie 120]

Well for starters, I'm the bread winner and by living in her country (not a country recognized by our political leaders, I might add, thanks to China) it will be a financial hardship for us and my kids from a previous marriage. Without her here I have to pay for after school care, another expense.

I can visit her, and I have, so has she, but unfortunately the POE agents told us flat out last time she needs to re-enter this country not using a visitor's visa but rather a spousal visa. I filed the I-130 intending to do a K-3, but everyone here says don't do it because the timing is the same and it'll just cause delays to my I-130/CR-1 application. Consummating the marriage once in a few months is not the same as being able to do so every night...oh yeah baby.

Since we are all in the same boat and are frustrated by the USCIS, I don't see why we can't band together and form either a PAC or a 527 organization to lobby our one and only issue.

How is that different from many of us here on VJ? Also, when you marry a foreigner, bringing them here is a privilege, not a right. We are pretty much at the government's mercy.

[cdneh 3,112]

. Consummating the marriage once in a few months is not the same as being able to do so every night...oh yeah baby.

I believe, by definition, that a marriage is consummated once, not repeatedly. Usually thought to be the first time a married couple have sex.

Edited December 13, 2013 by cdneh

[Pinkrlion 2,724]

Although, we have all been in the same situation of having to wait for our loved one. There is no legal foundation to sue the government. They are not keeping you from being together. They are only abiding by the law of immigration to the US. You have every right to be together and live together any where in this world, and her home country. So legally, they are not preventing you from being together.

[thedude6752000 360]

did you never meet here and never consummated the marriage? Seems you have. They government isnt preventing you from seeing or consummating,you can always travel to her. You just filed a month ago, what exactly would you be suing for? ..most of us have had to endure months and months away from our significant others, some years. It's immigration, you knew what you were getting into. The US government also isnt preventing you from immigrating to her country. I know you are going to come back and say everything about no job opportunities there, different way of living ect...but it was your choice to have her come here, not the US government's.

Then why don't you apply that logic to illegal immigrants when they start whining and crying about how the USCIS has deported their grandmas, brothers, husbands, etc.? It seems like as far as you are concerned, immigration is a heavenly privilege distributed by the all-knowing, all-seeing USCIS when it comes to US citizens and their loved ones, and a right for anyone else (mostly from Latin America) who gets up and feels like walking across the border. It's also interesting to note that you seem found of telling people who are waiting or facing long wait times to shut up and love America, when in point of fact (According to your timeline) your petition was adjudicated in only 8 months and your husband got out of AP in 2, and never held up for any extremely long period at the USCIS, NVC, embassy, or AP (your AP was longer than some countries but totally normal for Jordan I gather). A grand total of 10 months of separation, something a lot of people around here (who are still waiting for the USCIS at 10 months) would kill for. It might seem easy to make the pronouncements you do and indeed a lot of people might make them in your position, but somehow I feel that if you had had to wait 10 months at the USCIS alone and another 6 or a year in AP you would be singing a different tune.

Edited December 13, 2013 by thedude6752000