Filed AOS after K-1 more than 2 years but still no green card

[Khan13 1]

Hi Vjs,

Can you please guide me, I am thinking to file law suit against uscis, i came USA on k-1 and it’s more than 2 years I filed AOS after getting married with my wife but still waiting for my green card, We are so stressed , Every time I try to contact through congressman I get reply that my case pending due background check. Can you please guide me filing a lawsuit can resolve my issue and how much a lawsuit can cost me? Thank you all for your suggestion! 

[Redheadguy03 505]

Sue for what? You'll never win a lawsuit against USCIS. 

[Khan13 1]

It’s not about wining , it’s about fasting the procedure..

[Redheadguy03 505]

8 minutes ago, Khan13 said:

It’s not about wining , it’s about fasting the procedure..

That's not how it works. You have to wait. You can try contacting a senator to find out what's going on, but a lawsuit won't help. Immigration is not a right it's a privilege. 

Edited January 5, 2018 by Redheadguy03

[Hypnos 6,576]

The delay is likely due to stateside Administrative Processing. 

 

Since you've gotten nowhere with your congressman, you may wish to contact the CIS Ombudsman seeking assistance. 

 

One final option, if all else fails, is to file a writ of mandamus against USCIS in federal District court, since they owe you a duty which they have so far failed to perform (which is to adjudicate your I-485). This would be a last-ditch move that you should only take after consulting with an experienced immigration attorney, and when you have exhausted all other avenues. 

Edited January 5, 2018 by Hypnos

[Ebunoluwa 6,136]

If they are investigating or doing back ground checks then you run the risk of the case being denied

when doing the writ of mandamus. 

FYI we waited 2 1/2 years to be approved for AOS and also had a home investigation and just lived our lives, worked and waited. We contacted a senator and the Ombudsman and eventually were approved. 

Wait out the process ! Money for a law suit is better spend elsewhere.

Worrying will not make it go faster.

[caliliving 606]

I would wait...You can't do anything really. If you know your office u can ask to talk to a tier 2 operator but always be respectful!!!

[Brittani 484]

8 hours ago, Ebunoluwa said:

If they are investigating or doing back ground checks then you run the risk of the case being denied

when doing the writ of mandamus. 

FYI we waited 2 1/2 years to be approved for AOS and also had a home investigation and just lived our lives, worked and waited. We contacted a senator and the Ombudsman and eventually were approved. 

Wait out the process ! Money for a law suit is better spend elsewhere.

Worrying will not make it go faster.

Just curious does the 2 1/2 years count towards the 3 you have to be here to apply for citizenship? OR does the count not start until you actually have an approved green card? Also, you said y'all waited and worked....how long does the permission to work take to get and does it stay valid until you get your greencard?

[Scandi 4,168]

8 minutes ago, Brittani said:

Just curious does the 2 1/2 years count towards the 3 you have to be here to apply for citizenship? OR does the count not start until you actually have an approved green card? Also, you said y'all waited and worked....how long does the permission to work take to get and does it stay valid until you get your greencard?

The countdown starts once you become a LPR (greencard holder), so the time you wait for AOS doesn't count.

 

The work authorization is valid for a year, you can renew it when it's about to expire. You can renew it every year (and for free) until they make a decision on your AOS application. Right now it seems like you have to wait between 3-6 months to get the EAD approved.

Edited January 6, 2018 by Scandi

[Brittani 484]

2 minutes ago, Scandi said:

The countdown starts once you become a LPR (greencard holder), so the time you wait for AOS doesn't count.

 

The work authorization is valid for a year, you can renew it when it's about to expire. You can renew it every year (and for free) until they make a decision on your AOS application. Right now it seems like you have to wait between 3-6 months to get the EAD approved.

Oh, wow! That's unfortunate that it doesn't count towards the time required but as long as you're allowed to work and won't be deported (assuming the person lives like a law abiding citizen) then I guess it's not so bad. Thanks for the information!

[Ebunoluwa 6,136]

8 minutes ago, Brittani said:

Just curious does the 2 1/2 years count towards the 3 you have to be here to apply for citizenship? OR does the count not start until you actually have an approved green card? Also, you said y'all waited and worked....how long does the permission to work take to get and does it stay valid until you get your greencard?

Three years from the date on your GC, not from marriage, five years from GC date if you are no longer married.

EAD/AP currently takes about 4-5 months, they no longer have a requirement to issue it within 90 days and are behind.

No, you have to renew the EAD if you don't have your AOS approved. You renew 120 -180 days ahead of the EAD expiration
date. 

[Khan13 1]

38 minutes ago, Brittani said:

Just curious does the 2 1/2 years count towards the 3 you have to be here to apply for citizenship? OR does the count not start until you actually have an approved green card? Also, you said y'all waited and worked....how long does the permission to work take to get and does it stay valid until you get your greencard?

Thanks for your reply, would you like to tell me when did u get your gc? 

[Brittani 484]

Just now, Khan13 said:

Thanks for your reply, would you like to tell me when did u get your gc? 

Oh, I haven't. I sent in the i-129f petition for alien fiance under the k1 visa for my fiance this past October so we still have a good ways to go before we can even get married but I like to stay on top of this and constantly learn the process and procedures of everything that is involved.

[TNJ17 1,329]

You can’t file a lawsuit to make things go faster, you will get the opposite. Your lawsuit will only add more time because they’ll have to process the lawsuit and everything that will be required because of this lawsuit, then you’re gonna be on pending status for who knows how long. You’ll never get any money out of it and will not expedite things. Contact your congressman for an inquiry. If it says you’re pending a background check then it will take as long as it takes for them to process that. You need to look at all your notices of approval and receipts and basically any paperwork you’ve gotten from USCIS regarding your AOS and see if you missed them requesting something. What did they say at the interview, what does the note you got from the interview say? I feel like you’re missing something here. Regardless of how long it takes for you to get your greencard if you filed for AP and EAD while filing for AOS you have nothing to worry about because those two pieces of documents give you permission to travel freely and work legally. If they are close to expiring, file for an extension. It’s really no big deal. 

[David & Diana R 1,005]

17 hours ago, Khan13 said:

Hi Vjs,

Can you please guide me, I am thinking to file law suit against uscis, i came USA on k-1 and it’s more than 2 years I filed AOS after getting married with my wife but still waiting for my green card, We are so stressed , Every time I try to contact through congressman I get reply that my case pending due background check. Can you please guide me filing a lawsuit can resolve my issue and how much a lawsuit can cost me? Thank you all for your suggestion! 

You will never be successful suing the US Government.  Get that foolish idea out of your head.