Second try

[Coco8 1,059]

25 minutes ago, NigeriaorBust said:

 Create both a service request for being outside processing time and a request for expedite based on USCIS error of losing or not processing your petition in a timely manor.  File the AOS paperwork and the AP/EAD.  Get in touch with an ombudsman and your elected representative .   Keep on their cases until you have an answer.  Try to recreate the original I130 package if you don't have a copy.  Do not let them talk you into withdrawing and refiling. 

He said he already contacted a congressman and nothing came of it. But the ombudsman is a good idea.

 

OP, you can also try senators, people seem to have better luck with them.

[Tacomaaroma 1]

Good day all. 

I understand I'm reviving my own zombie post, but unfortunately we're still having issues. First, I did follow the advice I got on here and we filed for AoS, which was approved. We had her fingerprinted here in Seattle. My wife received her work permit and permission to travel to my address here in Seattle, a driver's license... everything seemed to be progressing smoothly. Around March, we received  a notice from USCIS that the case had been approved and forwarded to NVC. Fast forward to the middle of June. I get a notice from NVC that I can check the case online and that there was some stuff I needed to do / pay for. 

So I log in, and I see that they have her interview scheduled in ... Moscow. 

I called NVC, I asked to simply switch the interview location to here in Seattle. They said that I need to contact USCIS with the request, and have USCIS forward the request to NVC. So I call USCIS and they said that its out of their hands and I need to ask NVC. A few more phone calls to both agencies and each one is saying it is the other's responsibility. 

 

So yet again, we're at a crossroads. I paid the petitioner fee (I forgot what it is called) through NVC so they know that our case is still active, but I did not pay the visa processing fee yet. 

I do not know what to do. I suppose if we REALLY had to, she could go to her interview in Moscow, but at this point, I don't trust either one of them not to screw something up again.  We're both paranoid that she'll go to Moscow, and there will be some "issue", as there have been issues every. single. step. of the way so far since we initially applied THREE YEARS ago, and that she'll be stuck in Russia unable to return, or that they will find some reason to deny her entry even though she had permission to travel. 

I've tried to make an appointment over the last month at USCIS Seattle but its always "No appointments available at this time".  We had a free consultation with a lawyer who told us to "write a letter" requesting to switch interview locations. 

I think at this point our only option is to hire a full time immigration attorney? Any other suggestions? Please help My wife hasn't seen her family in two years and is growing more and more depressed. This whole thing is a huge weight and burden on our otherwise happy marriage.

Thank you.

[NancyLyz 58]

15 hours ago, Tacomaaroma said:

Good day all. 

I understand I'm reviving my own zombie post, but unfortunately we're still having issues. First, I did follow the advice I got on here and we filed for AoS, which was approved. We had her fingerprinted here in Seattle. My wife received her work permit and permission to travel to my address here in Seattle, a driver's license... everything seemed to be progressing smoothly. Around March, we received  a notice from USCIS that the case had been approved and forwarded to NVC. Fast forward to the middle of June. I get a notice from NVC that I can check the case online and that there was some stuff I needed to do / pay for. 

So I log in, and I see that they have her interview scheduled in ... Moscow. 

I called NVC, I asked to simply switch the interview location to here in Seattle. They said that I need to contact USCIS with the request, and have USCIS forward the request to NVC. So I call USCIS and they said that its out of their hands and I need to ask NVC. A few more phone calls to both agencies and each one is saying it is the other's responsibility. 

 

So yet again, we're at a crossroads. I paid the petitioner fee (I forgot what it is called) through NVC so they know that our case is still active, but I did not pay the visa processing fee yet. 

I do not know what to do. I suppose if we REALLY had to, she could go to her interview in Moscow, but at this point, I don't trust either one of them not to screw something up again.  We're both paranoid that she'll go to Moscow, and there will be some "issue", as there have been issues every. single. step. of the way so far since we initially applied THREE YEARS ago, and that she'll be stuck in Russia unable to return, or that they will find some reason to deny her entry even though she had permission to travel. 

I've tried to make an appointment over the last month at USCIS Seattle but its always "No appointments available at this time".  We had a free consultation with a lawyer who told us to "write a letter" requesting to switch interview locations. 

I think at this point our only option is to hire a full time immigration attorney? Any other suggestions? Please help My wife hasn't seen her family in two years and is growing more and more depressed. This whole thing is a huge weight and burden on our otherwise happy marriage.

Thank you.

1. The trick of getting and InfoPass appointment is to go on the website early morning (7am or something like that). The appointment system only allows you to reserve two weeks ahead. 

2. An attorney, an experienced one can help you to reach out to the Congressman, Senator, and Ombudsman. The attorney can also help you prepare letters to USCIS, call customer service, and process all hassle from then on. The key to this is you need a good one, otherwise hiring an attorney does you no good but more harm.

3. Don't cry over spilled milk. But you probably should have retrieved your original I130 and filed a new AOS package a year ago. Since now your wife has her combo card, I'd say she can definitely visit her family. For the interview, consult with an attorney to see whether she should or should not go.

 

Good luck.

 

Stay strong and you will get things sorted out.

[mushroomspore 3,047]

Yeah to me, it sounds like they think the old spousal visa is still in process??? The interview is definitely for the spousal visa. AoS is done strictly for immigrants already inside the US. It does not require ANYONE involved to leave the country. USCIS is not very good at "catching up" to changes made to petitions and applications. It takes them a while to figure out that someone has decided to withdraw a petition or what-have-you. Honestly, I'd just get a lawyer at this point. Seems like this has gotten too convoluted for someone to figure out by themselves.

[milimelo 4,862]

At this point you may need to do I-824 to get NVC to send approved petition to USCIS so your Adjustment of Status can continue. What’s your I-485 status?

 

i know you didn’t get any traction from the first elected representative you contacted, but you do have others. Find the others - senators, congress people and do a walk-in to get them to help you (complete the release forms ahead of time and bring NOA1s/2s that you have for I-130, I-485 - whatever you have) with USCIS. Immigration liaisons do have direct line of communication with USCIS and can get answers for you. 

Edited August 22, 2018 by milimelo

[Villanelle 4,124]

21 hours ago, Tacomaaroma said:

Good day all. 

I understand I'm reviving my own zombie post, but unfortunately we're still having issues. First, I did follow the advice I got on here and we filed for AoS, which was approved. We had her fingerprinted here in Seattle. My wife received her work permit and permission to travel to my address here in Seattle, a driver's license... everything seemed to be progressing smoothly. Around March, we received  a notice from USCIS that the case had been approved and forwarded to NVC. Fast forward to the middle of June. I get a notice from NVC that I can check the case online and that there was some stuff I needed to do / pay for. 

 

So I log in, and I see that they have her interview scheduled in ... Moscow. 

I called NVC, I asked to simply switch the interview location to here in Seattle. They said that I need to contact USCIS with the request, and have USCIS forward the request to NVC. So I call USCIS and they said that its out of their hands and I need to ask NVC. A few more phone calls to both agencies and each one is saying it is the other's responsibility. 

 

So yet again, we're at a crossroads. I paid the petitioner fee (I forgot what it is called) through NVC so they know that our case is still active, but I did not pay the visa processing fee yet. 

I do not know what to do. I suppose if we REALLY had to, she could go to her interview in Moscow, but at this point, I don't trust either one of them not to screw something up again.  We're both paranoid that she'll go to Moscow, and there will be some "issue", as there have been issues every. single. step. of the way so far since we initially applied THREE YEARS ago, and that she'll be stuck in Russia unable to return, or that they will find some reason to deny her entry even though she had permission to travel. 

I've tried to make an appointment over the last month at USCIS Seattle but its always "No appointments available at this time".  We had a free consultation with a lawyer who told us to "write a letter" requesting to switch interview locations. 

I think at this point our only option is to hire a full time immigration attorney? Any other suggestions? Please help My wife hasn't seen her family in two years and is growing more and more depressed. This whole thing is a huge weight and burden on our otherwise happy marriage.

Thank you.

 

[Villanelle 4,124]

You got a notice in March that it was sent to NVC? You didnt know NVC only does consular processing?(Are you sure it said NVC and not NBC? )

Have you been tracking your cases online? 

 

NVC only does consular processing. They can not switch you to USCIS scheduling system.

Oh boy are you lost in this mess...

Again NVC only does consular processing. You are doing AOS. You submit the 485 packet. You dont need the 824- thats only for switching from one Embassy to another; not to the US.

Technically you dont need to do anything to get your old 130 attached to your 485 case. You sent a copy of the approval for the 130 with the 485 right? USCIS will contact NVC and get your 130 to process/approve your 485.

You can send NVC a courtesy email/letter saying you will no longer be using consular processing but they may not do anything about it. 

Apparently NVC does not know yet that you filed 485 AOS. Probably because YOU didnt tell them you filed AOS AND USCIS has not gotten to your 485 yet so they havent asked NVC for your 130.

Why in the world did you pay NVC fees? You will probably not get that money back.

You need to contact NVC- preferably in writing (email is fastest) and advise them you filed AOS AND paid (them) stuff and will not be using consulate processing. Ask for them to send the 130 to USCIS or hold it until USCIS requests it- but to not move forward with consular processing. Hopefully you didnt screw anything up by paying. 

[Tacomaaroma 1]

Hello, so update again.

We made an appointment with USCIS. Discussed the information. They told us that we just need to contact NVC and ask them to send the approved I-130 back to USCIS so that they could approve her adjustment of status. They also told us to CC the National Benefits Center. 

 

We did both, and both writing, and via email, and in a phone call.

 

We again received an answer from NVC that says "...  Wife plans to adjust to lawful permanent resident status in the United States. If , has not already done so, he or she should contact U.S. Citizenship and Immigration Services (USCIS) for instructions..."

So, USCIS says "Please ask NVC to return the documents to us", I call, write, email NVC asking them to return the documents, and they won't saying only USCIS can request this. I tell USCIS, they say tell NVC, and back and forth.

Is our only option to hire a lawyer?  Or, what happens if the visa application at NVC expires because its been more than a year, will they return the documents then? The I-130 was approved in March of 2018.

 

Thanks

[USC4SPOUSE 506]

On 12/20/2018 at 9:57 AM, Tacomaaroma said:

Hello, so update again.

We made an appointment with USCIS. Discussed the information. They told us that we just need to contact NVC and ask them to send the approved I-130 back to USCIS so that they could approve her adjustment of status. They also told us to CC the National Benefits Center. 

 

We did both, and both writing, and via email, and in a phone call.

 

We again received an answer from NVC that says "...  Wife plans to adjust to lawful permanent resident status in the United States. If , has not already done so, he or she should contact U.S. Citizenship and Immigration Services (USCIS) for instructions..."

So, USCIS says "Please ask NVC to return the documents to us", I call, write, email NVC asking them to return the documents, and they won't saying only USCIS can request this. I tell USCIS, they say tell NVC, and back and forth.

Is our only option to hire a lawyer?  Or, what happens if the visa application at NVC expires because its been more than a year, will they return the documents then? The I-130 was approved in March of 2018.

 

Thanks

Brother, you have been at this for 3 years now. I would definitely reach out to your US Senator and have them inquire on your behalf. They can shake the tree like no one else can. You can find them here. Both US Senators in WA are democrat. https://www.senate.gov/general/contact_information/senators_cfm.cfm?State=WA

 

Try to be as concise as you can, and you want to tell them exactly what you need from them. All the best,

 

USC4SPOUSE

[milimelo 4,862]

Again, I told you months ago to file I-824 to get your file from NVC to USCIS. Why you’re sitting on your hands is beyond me. 

[Nouchigang 200]

Hello,

The only thing I could think about the delay is your own status are you a US Citizen or a green card holder?

If you are a US Citizen I really dont understand why it is taking so long, oh well nothing surprises me anymore with USCIS, at this point you can file the I 485 and include a copy of your I 130 NOA1 and also apply for EAD and AP for your wife so that she could get a work authorization and travel doc, they are both free since you apply for the I 485 at the same time.

Hopefully when you send the AOS package they will remember about your petition from 2015 and do something about it.

 

Good luck 

[Tacomaaroma 1]

Thanks everyone who replied.

After three years of limbo, we have our appointment scheduled for the end of this month for the meeting in USCIS. 

I want to thank everyone who replied with their advice. Some I followed, some I didn't, some I was planning on following but didn't have time. I don't know what finally did the trick, but, hopefully after all this, it is coming to an end. 

Thanks again x10 million. See ya around!

Matt