Second try

[Tacomaaroma 1]

 

In December of 2015 I filed for an I-130 for my Russian wife. She had (still has) a tourist visa valid for three years. After submitting the application she came to visit me and basically played housewife. We figured once it was approved she would fly back to Russia and finish the process. She stayed for 6 months, which is the maximum allowed time. She then left for six months. Now she is back visiting me again. Still no word. I have called a number of times over the nearly two years now. I never get any straight answers. I have talked to managers, supervisors, and people higher up the chain. All anyone ever tells me is "it was received, if we need anything else we'll let you know."

 

I'm fed up, I know many people who have gone from application to greencard in hand in 6 months or less. Yet here we are just stuck. It is really starting to put a strain on our marriage. My wife is either cooped up on the house, unable to work, drive, or do anything by herself. Or we are separated for months at a time when she is in Russia. 

 

I recently had a free consultation with an immigration lawyer who suggested that we can change her status. I wanted to avoid this route because it seems to be frowned upon, I wanted to do it "the right, honest way," but I feel we are not left with any other options. I want to be  clear that we had no intention of changing her status when she came here, as I said she was going to fly back to Russia once the I-130 was approved, but almost two years later, this never happened.

So I go on the USCIS website and it says I am not allowed to petition for a change of status because I already have an I-130 submitted. 

 

My questions are: 1) Do I now write a letter requesting to withdraw the I-130 application, and then apply for a change of status once it has been canceled and the I-130 is no longer "submitted" (I feel like it just got lost).
2) Is it even possible for me to move further with this, or should I hire a lawyer at this point? 

I'm pretty confident in my ability to follow instructions, and would REALLY like to avoid the thousands in lawyer fees if possible. If anyone has any advice, or similar stories, I'm all ears. 

Thanks.

[Coco8 1,042]

Did you apply for an IR-1/CR-1? At which stage did it get stuck? 

[Tacomaaroma 1]

At the time it would have been CR-1 because we were married less than two years. We're married more than two years now though.

And at what point it got stuck? Good questions. Somewhere between their mailbox and the filing cabinet is my guess. When I check the case status online, or every one of the dozen times I've called and talked to someone, all I am told is "it was received on Dec 14 of 2015," and "no further action is required". I asked if I needed to send any more supporting documents, they said if they need it, they will ask for them. 

[Coco8 1,042]

That is very strange. So basically you never got a NOA1 or NOA2? That is unacceptable.  

 

You can totally AOS. I've seen people on VJ do that because they didn't want to wait, but they had normal waiting times. Your case is absurd. 

 

I don't think you need a lawyer. The reason your case didn't move forward was not due to a problem with the information you put on the forms. Basically, the only reason to get a lawyer would be if you had lied on the forms or if there was a real problem with any evidence you submitted. That does not seem to be the case because you never got anything from USCIS. 

 

I am not sure about your question (1), whether you need to withdraw your IR-1/CR-1. My initial reaction would be that you don't have to do that.

 

Hopefully other people will chime in. 

 

I'd start putting together the AOS package. 

 

 

 

 

 

 

 

 

[Jeanne Adil 1,651]

going by what hapened to a friend she should withdraw the CR1 and then apply 

our friend is approved but stuck in AP as they did not withdraw K1 when applying for CR1

they have been told the K1 is still in system and must wait for it to be removed before his visa is issued 

they have had his kept his visa now for months

 

Have you considered making an info pass appointment?

Edited July 18, 2017 by adil-rafa
Adding a comment

[Ryan H 3,813]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[Randyandyuni 2,682]

have you sought the support of an elected official? This appears to be a strange situation that a little political grease may unstick

[xillini 71]

When you filed for I-130, did you apply for I-485 as well? 

There needs to be more information in your case. If you are not sure, you can request FOIA to fully see what applications you filed for. 

 

In the worst case, you can also sue Writ of Mandamus, requiring USCIS to make decisions shortly due to unreasonably long processing time. 

But it doesn't seem clear because you didn't mention I-485 filed as well.

I-130 itself doesnt mean anything, but just basis for I-485 to be approved. 

As you might notice, you need to hire experienced attorney as it is gonna be to the Court, mandating USCIS to make decisions in your case

Th

[Coco8 1,042]

1 hour ago, xillini said:

When you filed for I-130, did you apply for I-485 as well? 

There needs to be more information in your case. If you are not sure, you can request FOIA to fully see what applications you filed for. 

 

In the worst case, you can also sue Writ of Mandamus, requiring USCIS to make decisions shortly due to unreasonably long processing time. 

But it doesn't seem clear because you didn't mention I-485 filed as well.

I-130 itself doesnt mean anything, but just basis for I-485 to be approved. 

As you might notice, you need to hire experienced attorney as it is gonna be to the Court, mandating USCIS to make decisions in your case

Th

 

Since his wife is in the US it is easier to withdraw the application and AOS.

[Tacomaaroma 1]

On 7/19/2017 at 6:34 AM, xillini said:

When you filed for I-130, did you apply for I-485 as well? 

There needs to be more information in your case. If you are not sure, you can request FOIA to fully see what applications you filed for. 

 

In the worst case, you can also sue Writ of Mandamus, requiring USCIS to make decisions shortly due to unreasonably long processing time. 

But it doesn't seem clear because you didn't mention I-485 filed as well.

I-130 itself doesnt mean anything, but just basis for I-485 to be approved. 

As you might notice, you need to hire experienced attorney as it is gonna be to the Court, mandating USCIS to make decisions in your case

Th

It's been awhile since I first posted, so thank you for all of the replies.

 

To answer this question. No. I did not send in a I-485. I may have been wrong, but as I understood it at the time, the I-130 gets approved, and then you send in the I-485. So I never sent an I-485. And I doubt I will need a lawyer. As I've said I called USCIS about a dozen times and no one could ever tell me anything. Nothing good, or bad, or that something was wrong, or that I missed something. They just said "We don't know, keep waiting!". I also got a free hour consultation with a lawyer, and he told me I didn't even need his services, but he also suggested an AOS.

 

The only question he was not able to answer was if I need to send in a new I-130 and request to withdraw the last one. He told me there is a chance they just lost the old I-130, and I could send in a new one and pay the fee. Or if I didn't want to pay the fee again, send in an AOS without the I-130. He said its 50/50. 

 

But from what I see on here the consensus is withdraw the old I-130? Correct? Besides paying the fee again, which I don't care about, so that is not a problem. Is there any reason why I would consider not withdrawing the original I-130?

Other than that, my AOS package is pretty much ready. Just a few last things I need to scrape together.

[Coco8 1,042]

49 minutes ago, Tacomaaroma said:

It's been awhile since I first posted, so thank you for all of the replies.

 

To answer this question. No. I did not send in a I-485. I may have been wrong, but as I understood it at the time, the I-130 gets approved, and then you send in the I-485. So I never sent an I-485. And I doubt I will need a lawyer. As I've said I called USCIS about a dozen times and no one could ever tell me anything. Nothing good, or bad, or that something was wrong, or that I missed something. They just said "We don't know, keep waiting!". I also got a free hour consultation with a lawyer, and he told me I didn't even need his services, but he also suggested an AOS.

 

The only question he was not able to answer was if I need to send in a new I-130 and request to withdraw the last one. He told me there is a chance they just lost the old I-130, and I could send in a new one and pay the fee. Or if I didn't want to pay the fee again, send in an AOS without the I-130. He said its 50/50. 

 

But from what I see on here the consensus is withdraw the old I-130? Correct? Besides paying the fee again, which I don't care about, so that is not a problem. Is there any reason why I would consider not withdrawing the original I-130?

Other than that, my AOS package is pretty much ready. Just a few last things I need to scrape together.

To withdraw a case you just send a letter to the office to which your i-130 is and say you want to withdraw it. But since you don't have a receipt number from USCIS, it is even hard to withdraw it.  To withdraw you'd need a reference number.  Do you have any information about your application?

 

 

 

 

[Tacomaaroma 1]

1 hour ago, Coco8 said:

To withdraw a case you just send a letter to the office to which your i-130 is and say you want to withdraw it. But since you don't have a receipt number from USCIS, it is even hard to withdraw it.  To withdraw you'd need a reference number.  Do you have any information about your application?

 

 

Yes, I do have a receipt number. Sorry if I didn't make that clear in the beginning. 

Edited August 10, 2017 by Tacomaaroma

[Coco8 1,042]

40 minutes ago, Tacomaaroma said:

Yes, I do have a receipt number. Sorry if I didn't make that clear in the beginning. 

Ok. That is your NOA1. Have you checked online? What does it say when you enter it at USCIS? It only says "received"? Where? 

 

 

[Tacomaaroma 1]

38 minutes ago, Coco8 said:

Ok. That is your NOA1. Have you checked online? What does it say when you enter it at USCIS? It only says "received"? Where? 

 

 

On 12/17/2015 I got this email from USCIS - Your case has been accepted and routed to the USCIS Texas Service Center for processing. Within 7-10 days by standard mail you will receive your official Receipt Notice (Form I-797) with your Receipt Number ******. With the official Receipt Notice (Form I-797) you may visit www.uscis.gov where you can check the status of your case using My Case Status. We suggest you wait until you have received your Form I-797 before checking My Case Status.


When I check the status of my case using the receipt number on the website (or on the phone), I get told this: On December 14, 2015, we received your Form I-130, Petition for Alien Relative, Receipt Number , and sent you the receipt notice that describes how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by January 13, 2016, please call Customer Service ... etc... blah blah.
 

I remember I got the receipt notice in the mail. I don't have it with me right at the moment, but from what I remember it was a paper copy of the 13 digit receipt number and said the case was being processed.

Now you officially know everything that I know.

Edited August 10, 2017 by Tacomaaroma

[Tacomaaroma 1]

I found the I-797C. Priority date of December 14 2015. It says it has been received for my wife and is "in process". 

This could be a really dumb question but does this mean that they have been waiting for the I-485 this whole time?