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Posted

My job here in the Netherlands has been cut by 50% due to government cuts, but I've got a great opportunity in the States lined up starting in August that I really can't pass up. I'm American, and I plan to take my NL-passport wife (of 6 years) her son, and our son along. I've recently filed the I-130 and received notice it's been sent to the Nebraska center. From reading here though, I see there's not any type of credible chance their green cards would be approved by August. Two questions:

- Is it likely that an immigration lawyer would be able to speed things up? I assume they'd be going through exactly the same procedures described in great detail here at VJ. A shame to waste money on a lawyer if it's to no real benefit. And

- What in the hell is going on in the US that an expat should have to wait for (from what I read here) 12-18 months for permission to move his family back to the US? That's whack.

Thanks for any help re: possible advantage of a lawyer.

Unfortunately, that is just the way it is. A lawyer at this point won't help. It could actually slow the process cause let say you get approved, but it takes them a week to tell you. I say if you are confident enough to do it without one then stick with it. It has been taking roughly a year from beginning to end, but with the slow down at NVC lately who knows what the timeline could be. My husband and I filed the I-130 on May 6th. We have been approved, but still have no case number from the NVC. Once we get that case number it could be at least another 30+ days before the case is completely and sent to the embassy for the interview. So we are expecting at least a year. It sucks and seems like the wrong way to do things, but it is what it is.

* 21 APR 2016 - 90 Days before husbands conditional green card expires

Filed: Timeline
Posted

It's poorly worded. That should say "Are you filing DCF?" and then "Yes" or "No".

Exactly. I absolutely filed my IR-1/CR-1 from abroad. Hopefully VJ will change this, as here's what the current page says:

**If filing for a IR-1/CR-1 Visa and the US Citizen petitioner lives (and files for the visa) abroad then please make that selection here (and ensure you select the IR-1/CR-1 Visa type):

I just read a NYTimes article stating that these delays for spousal visas are largely a result of CIS giving preferential treatment to 'undocumented immigrants' at Obama's direction: http://www.nytimes.com/2014/02/09/us/program-benefiting-some-immigrants-extends-visa-wait-for-others.html?hp&_r=1 Is it too late to hope for change? dry.png

Filed: Citizen (pnd) Country: China
Timeline
Posted

Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

July 23, 2025:  Filed N-400 online

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

The only change is that he will be out next time, whether it would be reasonable to expect any hope in a passable successor seems unlikely.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Philippines
Timeline
Posted (edited)

A lawyer has no control over the speed of your process. Save yourself some money and just file yourself.

While an immigration lawyer may not be able to expedite, they can ensure the paperwork is filled out properly as well ensure that any supporting evidence that is required, is also submitted. In short, an immigration lawyer can significantly decrease your chances of any delays or requests for more evidence. One simple mistake, like a missing signature, can delay your petition by 3 months or more. If you are in a hurry, why risk a delay?

Edited by Mike-eeh and Odie
Filed: K-1 Visa Country: Wales
Timeline
Posted

As long as you check what is being sent in, Lawyers do not handle such cases, their assistants do.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-3 Visa Country: Philippines
Timeline
Posted

You can also write to your Congressman...assuming that you have a permanent address in the US at this time. I'm sure that many people here have written letters to their Congressman/woman to complain about the excessive time for processing. Also, it might help to know that President Obama had something to do with all of this. His pet project...Immigration Reform. He by-passed Congress with w/a directive called Deferred Action for Childhood Arrivals. 521,815 undocumented immigrants living in the US were given deferments from deportation & Green Cards. The program was implemented in June 15 2012. The first applications rolled into USCIS offices August 15 2012. These applicants were given priority/fast-tracked service over American Citizens petitioning for the immediate relatives and/or spouses. There's plenty of documentation, including FOIA acquired USCIS emails pertaining to DACA applications, processes, etc - specifically! It's interesting reading. Read it and weep.

So...the answer to your question as to why it's taking sooooo long...OBAMA and DACA and 521,815 undocumented (illegal) immigrants who were brought to the US before the age of 16. Applicants had to be 16 - 30 years old to be eligible. The NY Times put out an article on this a few weeks ago. Others have also written on the subject. Apparently, Congress was getting a lot of letters from people like us complaining about it.

Anyway - WRITE to YOUR CONGRESSMAN. They may not be able to do anything about your specific case...but, they'll know that you and yours are not happy about what is happening.

As others have said...a lawyer will only cost you money to do nothing.

Good luck!

Filed: Timeline
Posted

Anyway - WRITE to YOUR CONGRESSMAN. They may not be able to do anything about your specific case...but, they'll know that you and yours are not happy about what is happening.

Thanks. Unfortunately my last permanent residence in the US was in Yonkers NY, so all my representatives are (ugh) Democrats who helped make this happen; in fact they're several of the worst offenders: Chuck Schumer and Kirsten Gillibrand. ranting33va.gif

Filed: K-3 Visa Country: Philippines
Timeline
Posted

Yeah...you're right!!! They're very much to the left. Although, they still have an obligation to assist their constituency!! That is IF you move back to Yonkers. If you're going elsewhere - you might have alternatives. Also, I wrote to 30 different Congressmen and Senators as well as a letter to Speaker John Boehner. Recommend doing a little research on how to write to a Congressman - very easy to find info on this - follow the guideline. Present your case in a thoughtful manner and no ranting! LOL. Very tempting to do that... My congressman is also a Democrat - from Maryland - and supported DACA. However, his position on immigration in general, favors LEGAL immigration. Keep in mind, no self-preserving politician is going to take a negative position against kids who were brought here.

Read this from Schumer's own website:

He's not that liberal when it comes to immigration. I think that his office might help. However, he's the Senator from your state...not the Congressman from your district. Here's his website... http://engel.house.gov/index.cfm?sectionid=156&parentid=7&sectiontree=&itemid=1684 I don't know how much luck you'll have with him...hehehe.

Regardless, there's nothing to gain if you do nothing!!!

Good Luck!!!


http://www.schumer.senate.gov/Issues/immigration.htm%C2'>

Don't why the link didn't stay on the previous response...

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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