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

[Kaylara 814]

What else do you want me to say? I miss her cooking (that too, she's an awesome cook)? A healthy marriage (for me) should include great sex life, companionship, sharing, and all the other things that a blissful marriage provides. But saying "Gosh darn it, I can't live without her cooking" or "Shoot I can watch football all Sunday long when she's not here, that'll just destroy my marriage" just didn't sound as good, ya know? I can make a list if it'll make you guys feel better, but I picked one that I felt would resonate better than "cooking" or "football".

o_0

Are you for real?

No, seriously. Not trying to be nasty. Are you being serious when you say things like this?

Edited December 14, 2013 by Kaylara

[Kaylara 814]

I will post this here as well.... Since it appears you are on quite a posting frenzy today ((reference class action post here))

----------------------------------------------------------------------------------

So, just out of curiosity, what are your suggestions to improve the system? Basis for the lawsuit? etc. As with most anything in life, systems and processes need to change to keep their relevancy and, in this instance, keep processes moving forward effectively, efficiently, and with the utmost scrutiny. All too often on this site I am reading post after post of fellow VJ'ers that fell head over heals in love, filed for either their fiance or spouse to come to the US and the moment they've entered and received their green card, they're GONE. Unfortunately, the immigrant had other intentions rather than staying with the petitioner. These are the lesser of two evil beneficiary filers. The other were referenced previously. And don't even get me started on the group of beneficiaries that take courses on how to accuse their petitioner of spousal abuse after arrival as a means to secure their green card.... If you're looking for something/one to file a lawsuit against, file it against people like those who abuse this system and ultimately are the TRUE CAUSE OF SUCH DELAYS AND THEREFORE WARRANTING THE NEED FOR SUCH SCRUTINY OF IMMIGRATION CASES.

As an alternative to that suggestion, maybe the solution lies in growing and training the workforce that is dealing with the ever-growing caseloads. However, what does that entail? More $$ from the federal government, and therefore, more $$ from taxpayers. I bet far more people support less taxes than an increase to help those of us who've fallen in love with a foreigner to expedite the process to allow them entry sooner. Is this difficult? Absolutely. Are there days I want to yell, cry, relieve my frustrations on someone? Damn right I do (ah-hem...today) But blaming my government for the time they spend to vet incoming soon-to-be green-card holders and even citizens and trying to rally the troops to file a lawsuit? Seems a bit frivolous.

Although I am currently in the midst of the process for the faster fiance visa (still don't understand why that is faster, however) I fully understood the process when we decided to take this route, fully expected the endless waiting, fully expected to expose my entire life to the government and then some and hence, fully committed to not only completing the process but committed to my fiance that no matter what, we will not quit. We will make it through this and if push comes to shove and he is not granted entry, I will go be with him. Period.

We're already having this conversation in the I130 Petitioners Committee thread, and threads regarding our attempts at changing what we view as unfair USCIS policy. You may want to take the time to peruse those.

Edited December 14, 2013 by Kaylara

[daniel_angela08 0]

you can sue anytime you like for any reason but doesnt mean ur gonna win beside there alot of us who filed way before you did so save your money before going to court it wont be much longer good luck

[JRF 117]

Phone? Skype? You don't have to be physically present with each other to be intimate. You can "consummate" yourself 'till the cows come home.

I survived 2 years of a LDR with my husband doing that. It was interesting. And fun.

Again, I've been waiting about 9 months already. It'll be well over a year before me or my kids see my husband. But if distance or time were enough to tear us apart, it would have happened when we were dating. Not getting laid? Whatever, I've been married 8 years, and have 2 little kids. There are more important things than getting laid. (Not that sex isn't awesome, because it totally is. But it's not the most important thing in the world.)

I'd just like to be able to hold my husband's hand again.

This entire process sucks. But you've really gotta work at it to make a LDR work. Sometimes you have to work even harder than you would if they were physically present. But if they're worth it, then you'll put the work in. My husband is worth the whole universe to me, and I'd do anything for him. I know that the feeling is mutual. So if we have to wait, again, then we will wait. We won't be happy about it, and we'll complain, and miss each other like crazy, and do our best to shorten our time apart. But we'll do it, because we love each other, and our marriage is worth it.

Love your post - I just want to hold my wife's hand, and have her next to me. That said we knew what we were getting into and we will wait.

[Waitnsad 7]

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?

Dear Please Relax,

I know this is too frustrating to away from Family but we cant sue them we can just wait. I am the person who have 3 year old son who we lived together upto 1 and Half year together in another foreign country & when our petition is approved by USCIS then i resigned from my foreign job & went to home country to apply IR-1 visa & you will be wonderful to know i am waiting for 22 months after my interview still the case in administrative processing neither they need any documents when i ask them they reply same your case is under neccesary administrative processing simple

i research a lot every one say just wait. i contact civil court of us they say they cant do any thing, i contact Congress man the reply same. I contact president he also excuse n just say they are working on your case as complete they will contact you as soon as possible.

so my request to you please wait wait & wait

[jaskamiin 5]

I am frankly amazed by the number of people here who rush to defend this system, even while it harms them, with the argument "that's how they do it, just deal with it."

There's a big difference between "defending this system" and "accepting the fact it's not going to change (any time soon)".

[jaskamiin 5]

What else do you want me to say? I miss her cooking (that too, she's an awesome cook)? A healthy marriage (for me) should include great sex life, companionship, sharing, and all the other things that a blissful marriage provides. But saying "Gosh darn it, I can't live without her cooking" or "Shoot I can watch football all Sunday long when she's not here, that'll just destroy my marriage" just didn't sound as good, ya know? I can make a list if it'll make you guys feel better, but I picked one that I felt would resonate better than "cooking" or "football".

No, but talking about sex so much really makes it sound like you're objectifying her. I haven't seen much from you about how much you love her and will do anything for her (besides make a class action lawsuit against the government?), but I have seen 4-5 posts about you wanting to sue because you can't get laid.

I'm not in any way doubting that you really do love her a lot, and that's the top of your priorities. And I understand it's more light-hearted to joke about the sex - we all know it's tough, and we've all been there. But this is a forum dedicated to trying to be with the person you love more than anything, and words mean things. It's more a matter of respect to the rest of us (and your wife[girlfriend?]) who are having to deal with this process for extremely long periods of time. I was fortunate to have the entire process go through exceptionally fast (thanks to the gov't shutdown NOA 2 took something like 55 days - average is 3x that), and maybe you'll be lucky as well.

Good luck to you and her, but you're definitely going to need to just sit back and wait and - if my own suspicions are true (which I hope not for her sake) - rethink your priorities.

[MO-MO1974 7]

LMAO now I have read it all

!st ...USCIS did not ask you to fall in love

2nd USCIS did not ask you to decide to get married

3rd USCIS did not ask you to petition for your spouse to come to the country

All these steps you took without being cajoled or lied to and once this decisions were made and you take the right steps,USCIS like any respectable govt agency has its set of rules which anyone who decides to make use of their services will have to adhere to...would I personally preferred not doing anything but just walk across the border,yea but what you then get is chaos which will in the long run damage whatever set of rules that any given society decides to implement. Suing just does one thing only,delays your petition and most likely lead to a denial

[ppihtr123 68]

For the sake of sharing:

Late September this year we flew back together via SFO. She's on a B1/B2 (visitor) visa that's valid for 5 years. She has been to the US in 2013 (up to that time) thrice. We get to POE and decided to get in line together at the citizen/GC line (we did that back in May via IAD and didn't have any problems). The BP asked what our relationship was, I told him the truth (should I have lied?) and that she's just visiting and gave him the return ticket info. He sent us to the little room where a nice BP lady told us that since she is my wife she can't enter the US anymore using the B1/B2 visa. I said she always goes back within 60 days, and she hasn't spent more than 180 days here. The BP lady said it doesn't matter, the visa is for visitors and not spouses, and that I need to apply for her to come back in "the right way" and made a bunch of notes on the computer (where I work, size of my shoes, etc.). So the punishment for telling the truth is she'll most likely be denied entry the next time around.

I filed I-130 the day she left and Chicago Lockbox received it a day later, per instruction for CR-1/IR-1, saw this forum while researching I-130 and options (such as I-129/K3) and joined around the same time. The rest is history. We were planning for her to come back in January (assuming that the "clock" restarts on 1/1/14 for that 180-day window), but after reading and asking question on this forum that plan is on hold and only Buddha (she's Buddhist) knows when USCIS will approve the petition or if they send me RFE. I don't want to risk a POE denial and send her back alone, so now I join the ranks of fellow frustrated (or those who're lamb-like and patiently waiting because "it's just the process") members/citizens who may or may not feel violated. This is worse than the California DMV, by a magnitude of like a thousand.

I said earlier I'm not the kind who would bend over or take things lying down unless my wife tells me to, but if there are (legal) alternatives I will try to seek them out and see.

I'm surprised at the attention it's garnered, but I was trying to throw some out of the box ideas on the wall and see if anything stuck.

OK I just have to ask....

When did she become your wife?

Why didn't you apply then?

And just to Polk a little...

It seems like you were happy with a "visit" every 6 months or so. You imply that the only reason you filed a CR1 is because you will miss you January booty call. You do realize that a CR1 is for her to relocate to be with you permanently right? I think your wife has a case against you for you have invalidated her visitor visa by forcing her to be you wife and then taking her through a line which clearly she should not have been in given the large print over the line. Then there is the whole making her cook and watch the kids while you watch football...

The brighter side....

You have the right to make choices and each one you make may have ether positive or negative consequences and some are a mix...for CR1/IR1, it is $ and time are the negatives but she will end up being able to live with you fulltime on a superior visa in the end.

We all know your frustrated and many will not pity your paltry month of waiting as they have already passed the denial phase and are well in the acceptance phase that the process is long and you can't control when it will end. You can't blame them as they have been waiting their turn for months/years, and here is some guy complaining after just getting in line.

[KayDeeCee 4,892]

Wow, wanting to file a lawsuit against U.S. Citizenship and Immigration Services because you are in a long distance relationship and think they are responsible for you not visiting and spending face-time with your wife, which is causing you to have a less than stellar, active sex life? I really read this, and it was for real?

[Hotter Otter 1,211]

What else do you want me to say? I miss her cooking (that too, she's an awesome cook)? A healthy marriage (for me) should include great sex life, companionship, sharing, and all the other things that a blissful marriage provides. But saying "Gosh darn it, I can't live without her cooking" or "Shoot I can watch football all Sunday long when she's not here, that'll just destroy my marriage" just didn't sound as good, ya know? I can make a list if it'll make you guys feel better, but I picked one that I felt would resonate better than "cooking" or "football".

You really come across as sounding like you miss being cooked for and having sex on tap. USCIS would quite reasonably ask why you didn't find someone in your own state to marry if that was your issue.

I miss my wife because being with her is like home to me, I miss all parts of being with her whether its sex, play fighting about our accents or being cosy watching films together. On Tuesday we ice skated outside with snow falling slowly on us and we held hands and smiled at each other for hours and it seemed like we were the only people in the world. That memory alone will keep us going until we next see each other in spring.

We both accepted that we'd have to wait during this process when we fell for each other but we both know that it'll be worth it. As others have said it's not unreasonable for the process to take time. Having said that I-130 wait times are long at the moment and USCIS has been poor at providing information about this service we have paid for. If you want to do something that won't cost you anything except time then feel free to join our email campaigns and some people are trying to reach out to news sites and politicians on twitter etc. But please focus on the good things about your relationship and what you will gain at the end rather than what you personally are missing out on, it'll make that wait a lot easier to take.

[Avery Cates 1,141]

I actually liked a post by Avery Cates. Obviously this thread is bringing out the crazy in all of us.

Everyone warms up to me eventually!

[OnMyWayID 1,489]

From what I am my wife have read here, it seems like the most important changes would be these two:

1. Families should not be split up. Spouse and children (under a certain age) of the applicant should be able to live together in the US while the paperwork is processed, unless there is a *specific* national security issue (and just having an Arabic-sounding name is not a national security issue...). They can't work until approved, of course, but they can at least spend their time together and have a real family life. You'd think the "small government" conservatives would be fully on board with this issue, since how much more big government can you get than to say your spouse can't live with you, and if you want to live together, you have to leave the US?...

2. Immediate family members (again, spouse and children under a certain age of the applicant) should be processed together, so you don't have one approved and another not, or one approved and the approval of the other taking much longer.

What do you all think? Can you think of other major problems with the current policy?

I would think.. then why bother having a process at all? This will let every person that wants to enter the country fraudulently do so successfully - the entire process would serve no practical purpose. Also big government is not the issue as this is supposed to be self funded - the fees can be raised or lowered to cover the expected costs.

Solutions need to address not only the "we don't want to wait" aspect but the fraud prevention aspect as well... Fixing one at the expense of the other is simple.

Edited December 14, 2013 by OnMyWayID

[thedude6752000 360]

I would think.. then why bother having a process at all? This will let every person that wants to enter the country fraudulently do so successfully - the entire process would serve no practical purpose. Also big government is not the issue as this is supposed to be self funded - the fees can be raised or lowered to cover the expected costs.

Solutions need to address not only the "we don't want to wait" aspect but the fraud prevention aspect as well... Fixing one at the expense of the other is simple.

Why are you worried about fraud if you want to let 11 million illegals in who never went through any type of security screening? Why would fraud be such a threat if this country has already taken 11 million people illegally without any types of security checks? If the first 11 million did not destroy America I doubt the few hundred thousand people spouses bring over is going to do the trick.

You can't have it both ways. You can't buy the national security-industrial complex lies about immigrants being a threat to this country and then let 11 million illegals stay here with no processing and no screening before hand. You either let anyone come here or you make everyone follow the rules, basta. Your position (and that of the President and the Democrats) is so ridiculously contradictory that I still don't see how so many people can buy it without ever questioning its radical flaw of internal logic.

Someone pretending to marry someone else to get a visa to come here and work is not a threat to this country, no more than millions of illiterate Latin Americans coming here to mow lawns are. It might be bad for the person getting conned but that's not a national security issue and to pretend it is an insult to the intelligence.

Edited December 14, 2013 by thedude6752000

[Darnell 8,478]

What else do you want me to say? I miss her cooking (that too, she's an awesome cook)? A healthy marriage (for me) should include great sex life, companionship, sharing, and all the other things that a blissful marriage provides. But saying "Gosh darn it, I can't live without her cooking" or "Shoot I can watch football all Sunday long when she's not here, that'll just destroy my marriage" just didn't sound as good, ya know? I can make a list if it'll make you guys feel better, but I picked one that I felt would resonate better than "cooking" or "football".

Alas, you not balance 'all that stuff' with the need to chase a visa or green card, prior.

IMO, if you had done that, to make that balance, you'd already file something earlier.

Now yer just like the rest of us, have to wait for the casefile to wind it's way through USCIS, NVC, and AIT IV Unit. Sure, this waiting will suck, but it is what it is. Everyone goes through it. Everyone. Your exact topic for the complaining isn't unique, but I find it interesting that you miss her enough to think to sue USCIS, instead of chasing after an Adjustment of Status when you two married in the USA.

IMO, that's yer failure point, you not file the AOS the last time she was here or even during the marriage trip into the USA.