Unique and Special Case.. Expert Advised Request

[Chris&Angel 5]

thats true after NO1 we were waiting or still waiting for NO2 include our lawyer like all other peoples its normal but once we inqure means my wife called USCIS and ask them then they open inquiral request along with referal number.

officailly we have not recived any notice for any action but i was reading the similar case happend with one vj here in 2009 she was asked for interveiw too after her interveiw they approved the petition and send it to NVC and funny thing is her husband was in nigeria after his interveiw he was on AP for another 4 months but in her case USCIS sent her RFI in 2 months my case nothing yet lol

i was never been in US or never applied for US visa.... we are not worry about interveiw we are happily married couple but my question is do i have to wait for 240 days anf if they trasfered my case to memphics then why they did not send us the transfer noticed.

Your not coming from a High Risk Country, but a High Risk Region for Fraud but you have been married for more than 2 years, if was going to be a pain in in the backside, it would occurr in the UAE, not here in the USA unless your support evidence in your petition wasn't enough to satisfy USCIS, this doesn't make sense to me, so what is the delay in processing and explanation from USCIS, and no noticiation (I-797C NOA) of transferring your file to Memphis, seem a bit unusual.

Ask your Wife to make a InfoPass appointment with USCIS to get ot the bottom of this mess, a status update from your last contact with USCIS, unacceptable time table!

By all means, contact your wife's congressman or congresswomen.

This is what your lawyer should be doing, but isn't, nice to get paid to do nothing! Your choice to continue with his services of lack of service!

2 Old sayings "don't send a boy in to do a man's job", "if you want done right do it yourself".

[Chris&Angel 5]

Your not coming from a High Risk Country, but a High Risk Region for Fraud but you have been married for more than 2 years, if was going to be a pain in in the backside, it would occurr in the UAE, not here in the USA unless your support evidence in your petition wasn't enough to satisfy USCIS, this doesn't make sense to me, so what is the delay in processing and explanation from USCIS, and no noticiation (I-797C NOA) of transferring your file to Memphis, seem a bit unusual.

Ask your Wife to make a InfoPass appointment with USCIS to get ot the bottom of this mess, a status update from your last contact with USCIS, unacceptable time table!

By all means, contact your wife's congressman or congresswomen.

This is what your lawyer should be doing, but isn't, nice to get paid to do nothing! Your choice to continue with his services of lack of service!

2 Old sayings "don't send a boy in to do a man's job", "if you want done right do it yourself".

Oh, by the way, you or your wife can call the USCIS again and anytime, you need to have the NOA1 information on-hand and then ask the the Level2 Supervisor, and ask direct questions about your case, do it first-thing Monday morning.

In the past, the USCIS has sent petition files to the wrong place, like the National Records Center in St. Louis, so please clarify this with the Level2 Supervisor, and as I've said, your file shouldn't be in Memphis unless they are planning to interview your wife prior to your petition approval. Based on normal timelines, you should be approved within the next 45 days, the avg. is about 6 months from the first filed petition date.

[amkhan 108]

Oh, by the way, you or your wife can call the USCIS again and anytime, you need to have the NOA1 information on-hand and then ask the the Level2 Supervisor, and ask direct questions about your case, do it first-thing Monday morning.

In the past, the USCIS has sent petition files to the wrong place, like the National Records Center in St. Louis, so please clarify this with the Level2 Supervisor, and as I've said, your file shouldn't be in Memphis unless they are planning to interview your wife prior to your petition approval. Based on normal timelines, you should be approved within the next 45 days, the avg. is about 6 months from the first filed petition date.

my lawyer does not want us to contact USCIS anymore he wants to wait till July or dont know what is he planing he did not discussed with us his future step i am confused here what to do should i follow peoples here or follow my lawyer

[Soloenta 2,218]

No we don't have any sponsor in US that's why she went back infect she was unable to find a better job in UAE so she decided to go back to states where she can do something she never liked UAE for job she has a degree from states and she makes good money in states but if this process go longer then that then she will come back to me and we will live together and will see how can be our joint sponsor. any suggestion to find a sponsor.

Good for you, find a sponsor first if possible family, parents, brother, sister, best friend. Being a sponor is huge so it's not easy to find someone to say yes. Good luck to you and God bless you both.

[Lauren and Kevin 55]

Dear, [Lawyer], thank you for your recent letter stating we should wait till July. We appreciate your experience in this matter. We have noticed that other cases timelines suggest we will be approved in approx the next 45 days. Please can you clarify one point for us? It seems that cases sent to Memphis are often there due to a intent to interview the Petitioner [girls name]. Can you assure us that this is not the case for us and that we do not need to start preparing for an interview, as it would be very disappointing to have to do this at the last minute and any avoidable consequences due to not having advanced warning of this would have to be addressed.

[Villanelle 4,121]

The OP is free to make any phone calls he wishes or send any letters or whatever---

(but I feel like I am in the twilight zone on this thread- the OP was advised that he is in Memphis waiting for an interview- via a letter I believe-- yes I went back to page one- he got a letter in response to his service request stating he is in the Memphis field office awaiting an interview. This is NOT A MISTAKE>)

However I do not see any cause for alarm here- as stated early on in the thread- (or maybe it wasnt) Typically most 130s get approved without an interview but if they want- if they feel something is off (in this case it seems the OP is aware of the red flags) then they can call in the USC for a 130 interview. Its not a big deal. While its not the 'normal procedure' everyone goes through- its a procedure none the less.

So his application went to the correct location by initial mail and then went to the local field office (in his case Memphis) and they will be setting up an interview. The estimation they gave him was a crazy 240 day wait before they consider it 'out of time frame' and will take action. Its crazy yes, but it appears that office is backed up.

So all he can do is wait for the interview slot to open.

What he can expect and what he can do...

Well first he (or they because they are a couple)- they will have to wait for Mrs to have her interview for the 130 at the local office. If 240 days pass and they dont receive an interview a congressperson can intervene. It would be unlikely that one would intervene before then or any service requests would be granted because its not outside of the expected time frame. Now they should keep in mind that the 240 day window is the worst case scenario and hopefully they will not wait that long for the interview.

Hopefully the interview will go well and it will just be the Officer verifying the documents submitted by the lawyer in the packet and asking some basic questions but I do suspect it will be a little more then basic.. . Keep in mind due to the the length of the marriage Mr would be getting a 10 year GC upon approval and HIS interview will be overseas so this is their only chance to talk to Mrs. A variety of questions will be asked and Mrs answers will be kept and used to check against Misters in the future. There is no reason why the 130 wont be approved though because it really has to be. They have a valid marriage.

After the 130 interview they can expect the normal amount of processing time (which changes based on workload) where the petition then goes through the process described above to NVC etc etc and theres the medical and the scheduling of the interview at the embassy etc etc.

He will then have his interview- It is going to be up to him if he wants to have his wife there with him or not. Since she is traveling so frequently it may be useful for her to be present since they have red flags. This is something they can discuss with their lawyer. Hopefully they will be approved in the interview. It will be a tentative approval because----

- he will will be placed into AP>

https://pennstatelaw.psu.edu/sites/default/files/documents/pdfs/Immigrants/Administrative-Processing-FAQ.pdf

NO ONE can tell you how long this can take. Some it only takes a few weeks. Others have waited 12,16,18 MONTHS. Again this is something the lawyer should have advised you on. (just the general process of, Im sorry if this is the first you are hearing of it) But again no one can say how long it will take to do the background checks and no one can make it go faster.

Of course his lawyer couldve sent in an incomplete or lousy/poorly loaded packet causing the 130 interview but the OP stated they are aware of the flags they have, combined with the region he is from plus the fact he would be getting a 10 yr unconditional card- it is not surprising there is going to be a 130 interview.

My condolences that the local office is so backed up- like I said, hopefully its an overestimation and its a huge plus that your wife is able to travel to visit during the time apart, not everyone has that luxury. If you can find a co-sponsor- she wouldnt have to remain in the US for the purposes of the aff of support so keep looking for someone.

[UB3R 0]

Sorry but that lawyer sounds like a deusche bag and doesn't want to help you out. These cases don't get expedited or delayed due to lawyer or not. Just contact and find out why its taking so long. No such thing as red flag. Take it for what they said, there might be a delay at that office.

[amkhan 108]

The OP is free to make any phone calls he wishes or send any letters or whatever---

(but I feel like I am in the twilight zone on this thread- the OP was advised that he is in Memphis waiting for an interview- via a letter I believe-- yes I went back to page one- he got a letter in response to his service request stating he is in the Memphis field office awaiting an interview. This is NOT A MISTAKE>)

However I do not see any cause for alarm here- as stated early on in the thread- (or maybe it wasnt) Typically most 130s get approved without an interview but if they want- if they feel something is off (in this case it seems the OP is aware of the red flags) then they can call in the USC for a 130 interview. Its not a big deal. While its not the 'normal procedure' everyone goes through- its a procedure none the less.

So his application went to the correct location by initial mail and then went to the local field office (in his case Memphis) and they will be setting up an interview. The estimation they gave him was a crazy 240 day wait before they consider it 'out of time frame' and will take action. Its crazy yes, but it appears that office is backed up.

So all he can do is wait for the interview slot to open.

What he can expect and what he can do...

Well first he (or they because they are a couple)- they will have to wait for Mrs to have her interview for the 130 at the local office. If 240 days pass and they dont receive an interview a congressperson can intervene. It would be unlikely that one would intervene before then or any service requests would be granted because its not outside of the expected time frame. Now they should keep in mind that the 240 day window is the worst case scenario and hopefully they will not wait that long for the interview.

Hopefully the interview will go well and it will just be the Officer verifying the documents submitted by the lawyer in the packet and asking some basic questions but I do suspect it will be a little more then basic.. . Keep in mind due to the the length of the marriage Mr would be getting a 10 year GC upon approval and HIS interview will be overseas so this is their only chance to talk to Mrs. A variety of questions will be asked and Mrs answers will be kept and used to check against Misters in the future. There is no reason why the 130 wont be approved though because it really has to be. They have a valid marriage.

After the 130 interview they can expect the normal amount of processing time (which changes based on workload) where the petition then goes through the process described above to NVC etc etc and theres the medical and the scheduling of the interview at the embassy etc etc.

He will then have his interview- It is going to be up to him if he wants to have his wife there with him or not. Since she is traveling so frequently it may be useful for her to be present since they have red flags. This is something they can discuss with their lawyer. Hopefully they will be approved in the interview. It will be a tentative approval because----

- he will will be placed into AP>

https://pennstatelaw.psu.edu/sites/default/files/documents/pdfs/Immigrants/Administrative-Processing-FAQ.pdf

NO ONE can tell you how long this can take. Some it only takes a few weeks. Others have waited 12,16,18 MONTHS. Again this is something the lawyer should have advised you on. (just the general process of, Im sorry if this is the first you are hearing of it) But again no one can say how long it will take to do the background checks and no one can make it go faster.

Of course his lawyer couldve sent in an incomplete or lousy/poorly loaded packet causing the 130 interview but the OP stated they are aware of the flags they have, combined with the region he is from plus the fact he would be getting a 10 yr unconditional card- it is not surprising there is going to be a 130 interview.

My condolences that the local office is so backed up- like I said, hopefully its an overestimation and its a huge plus that your wife is able to travel to visit during the time apart, not everyone has that luxury. If you can find a co-sponsor- she wouldnt have to remain in the US for the purposes of the aff of support so keep looking for someone.

Thanks alot for your detail explanation, we was not aware that we had or will have a red flag at all. why would we have a red flag our lawyer said that our case was straight but now he is saying he cannot grantee now how long how case will delay anyhow he asked us not to do anything from now he might do something not sure ... we will talk to him end of this month BUT shocking thing is that my USCIS online web site status does not changed it is as it is since FEB 3rd 2015, its says "On February 3, 2015, we updated your name for your Form I-130, Immigration Petition for Relative, Fiance...etc"

now my question is if my case has been transferred to Memphis local field office then where is the official transferred letter from Vermont Service Center ? we have received referral letter from Memphis Field Office not from Vermont, So i am not sure either we have to wait for official transfer letter then our lawyer will coordinate with Memphis field office for Interview dates and all.

Any idea on above situation from your end

[Villanelle 4,121]

Well I kind of feel like since you have an attny- they should really be advising you since you are paying them and they know the fine details of your case. All I know is what you post.

I imagine the attny said your case is straightforward because the paperwork is straight forward. You have no overstays or need for waivers or any complications. Its the straightforward application process. And as explained sometimes in the process they have the right to ask for a 130 interview. They dont do it on every CR application packet. I can see how and I would agree with your lawyer if this is their thinking that a 130 interview is considered part of the straight forward process.

Id be basing the statement of you have red flags on your post below where you compare your situation to your friend who referred you to the attny you are using.

My wife was born American she originally from Tennessee and moved back with advice from our lawyer he stated she needed to prove income before I came to the states as she was an housewife here in Dubai. So she didn't work now she been in the states since late August our stupid lawyer took forever to fill the papers hint the date Dec 24th.

We have only filed the I130 but issue is we are of two different back grounds and religion. However, we been happily married for almost 3 years and we are moving to states on her wishes I could careless to live in the states.

As for this lawyer he was recommended to us by one of my friends who case went smoothly but wife was same nationality background.

So two different backgrounds and religions, Mrs it appears is able to be educated and was previously employed in the US but was unemployed overseas and returned to the US for the sole purpose of aff of support. (not that theres anything wrong with this at all, many many people do this and meet these descriptions)

These are called potential red flags not reasons for denial. They are just that make the USCIS pause and say is this fraud, is this terrorism, is this alterior motives and yeah it may be racially based and unfair and a whole bunch of other adjectives along the lines of how dare they- just because Im older then my spouse or we dont pray to the same God- they have to double check that we can really be a couple? The answers yeah. Sadly yeah/.

---

The online case system is not always accurate so you can not count on it to display the correct information. Sometimes it changes when someone takes action on the case- like actually schedules the interview or does a service request, sometimes it doesnt change at all. Some people can never get any info from online.

You put in a service request and received and response in writing advising you of the status of your case. Im not sure what other official letter you want? Maybe Im just not understanding what you are looking for?

Here is a link for the guide on VJ perhaps this will help you-http://www.visajourney.com/content/i130guide1

You are waiting for your 130 to be approved. According to your service request response you posted on page one of this thread you are at the Memphis Field office and should receive a notice of interview within the next 240 day goal (for that office that is the goal).

[dondoncat 5]

hi man i read ur posts and i am sorry of what u going throw i know what u feel right now ,, but some how i think u didnt do nothing wrong calling the uscis but i think they did that so they get out or reason been so late at ur case so they throw it a way to the local office there so they throw the responsibility over the local office shoulder ,, so its take more legal time ,, but i guess the whole case not must pass over 18 months since the date u got the NOA1 ,i read about similar cases and i guess u can ask ur lawyer about "congress" letter which i heard its solve alot of isues ,, good luck man

[amkhan 108]

hi man i read ur posts and i am sorry of what u going throw i know what u feel right now ,, but some how i think u didnt do nothing wrong calling the uscis but i think they did that so they get out or reason been so late at ur case so they throw it a way to the local office there so they throw the responsibility over the local office shoulder ,, so its take more legal time ,, but i guess the whole case not must pass over 18 months since the date u got the NOA1 ,i read about similar cases and i guess u can ask ur lawyer about "congress" letter which i heard its solve alot of isues ,, good luck man

Thanks for ur kind words we already contact with Senator but no reply from them l8cal office asking to wait 5 months and its over this week we will wait another 1 months and end of Oct we will contact CIS local office again

lets see what will happen