Advice to help my sister with her process I-130 & I-485

[Nana098 18]

Hi VJ's

 

My sister came here on work visa +10 years ago. She got married to an US Citizen around 4  or 5 years ago. She filed I130 & I485 on Nov. 17/2021. Her interview was in Tampa FL. on July/2022. Since that date her case has not any progress. Last year we checked USCIS status it says she can contact them after August 7th, 2023. We did on August 30th. Their response  on Sept. 8th,2023 was: "Her application has been placed in the queue for interview scheduling. You will receive an interview Notice within 90 days of this notice. Currently no further action is required from you."  We were waiting the 90 days but any interview notice was sent from them.  I am asking you again for your advice. What does she need to do to try to get an answer from USCIS ASAP? because obviously her case is beyond of the processing times. Does she need to contact her Representative Legislator? or call them. Please help me with this matter.

 

Thank you in advance,

 

Edited February 13 by Nana098

[jackiegringa 349]

3 hours ago, Nana098 said:

Her interview was in Tampa FL. on July/2022.

 

3 hours ago, Nana098 said:

Her application has been placed in the queue for interview scheduling

Very odd that she already had an interview and this is the answer. Something is amiss. After the interview she should have had an answer - approved or not, lack of documents, anything.

 

I'd try to contact USCIS but that's not a guarantee of anything, the first contact will be with a tier 1 person that usually is not much more than someone reading ready answers. Maybe try for a Tier 2, but at the same time contact the local representative via any means to get this process going. You/she will need to be on this constantly until is solved, did she get an EAD? Is she working at all?

[Family 3,483]

She does need to at least try a congressional inquiry.

How was the first interview ? Any potential flags ( type of questions, inconsistent answers…)?  It is out of norm for a 2nd interview to be required …but the long delay is SOP in cases where they referred case to fraud unit.

She is also justified in filing a WOM action
 

[OldUser 4,814]

Did she move addresses after interview?

I wonder if decision was made but sent to old address?

Edited February 14 by OldUser

[Nana098 18]

50 minutes ago, OldUser said:

Did she move addresses after interview?

I wonder if decision was made but sent to old address?

No, she lives in the same place since they started the process. On the website only shows her first interview like last action made in her case.

[Nana098 18]

58 minutes ago, Family said:

She does need to at least try a congressional inquiry.

How was the first interview ? Any potential flags ( type of questions, inconsistent answers…)?  It is out of norm for a 2nd interview to be required …but the long delay is SOP in cases where they referred case to fraud unit.

She is also justified in filing a WOM action
 

According to her, the interviewer only said they need to wait for her GC.  They are not sure if the delays related a past drug conviction or something like that. (I don't know much about it). She filed and gave them every document requested. They were married but didn't filed the adjust of status immediately, they waited about 2 years. I don't know if that sounds like a red flag for fraud.

[Nana098 18]

1 hour ago, jackiegringa said:

 

Very odd that she already had an interview and this is the answer. Something is amiss. After the interview she should have had an answer - approved or not, lack of documents, anything.

 

I'd try to contact USCIS but that's not a guarantee of anything, the first contact will be with a tier 1 person that usually is not much more than someone reading ready answers. Maybe try for a Tier 2, but at the same time contact the local representative via any means to get this process going. You/she will need to be on this constantly until is solved, did she get an EAD? Is she working at all?

I told her when she call asks for a Tier 2, because the T1 doesn't help much. When I had process with USCIS they didn't help me. She got her EAD really quick. 

[Timona 3,941]

What drug conviction? Was it here in US or Colombia?

 

Was she introduced to her hubby or how did they meet?

 

Unfortunately, Colombianas are known for fraudulent marriages inorder to obtain GC. It may be why her case is dragging. Do they live together?

[Family 3,483]

1 hour ago, Nana098 said:

According to her, the interviewer only said they need to wait for her GC.  They are not sure if the delays related a past drug conviction or something like that. (I don't know much about it). She filed and gave them every document requested. They were married but didn't filed the adjust of status immediately, they waited about 2 years. I don't know if that sounds like a red flag for 

Edited February 14 by Family
Self delete

[Nana098 18]

10 minutes ago, Timona said:

What drug conviction? Was it here in US or Colombia?

 

Was she introduced to her hubby or how did they meet?

 

Unfortunately, Colombianas are known for fraudulent marriages inorder to obtain GC. It may be why her case is dragging. Do they live together?

Her husband had the problem I mentioned long time ago,  not her. Like I said I don't have more info about it, unfortunately. They meet here in the US. A mutual friend introduced them. Yes, they live together. I mention the problem he had in the past, because they think can be related to it. But in the interview the USCIS official told them to wait for the GC.

[Timona 3,941]

I don't see how her husband's charges are withholding her case. He's not the one being interviewed. 

 

You need to ask her to do a FOIA request. Other than that, fraudulent marriages are prevalent with Colombianas, more so in Florida. That's where my bet is. I just don't see how her husband is withholding the case, unless it was AWA. 

 

What exactly is the husband's conviction??

P.S. And if it was AWA, that case would have already been denied. 

[Nana098 18]

Just now, Family said:

Any drug related convictions would have required a second pair of eyes….so am skeptical of that officers happy go lucky demeanor. 
‘If marriage is real and they had strong  2 yr joint life evidence…there is only the conviction and a thorough look at her work visa record up to and including DOS records of first visa application. …Even so, case has fallen in the proverbial black hole of inactivity /

 

Did she use an attorney at filing? With a criminal conviction …most are careful to prepare …essentially since ANY drug offenses that do fall in the  marijuana  exception …are BIG issues

I used the words "Drug Conviction" to mention the problem he had in the past. But I am not sure if that are the correct words. Or how big was the issue. I am going to ask my sister what she knows about it because that happens many years before they meet.

Someone help them to filing but not an attorney. 

[Family 3,483]

6 minutes ago, Nana098 said:

Her husband had the problem I mentioned long time ago,  not her. Like I said I don't have more info about it, unfortunately. They meet here in the US. A mutual friend introduced them. Yes, they live together. I mention the problem he had in the past, because they think can be related to it. But in the interview the USCIS official told them to wait for the GC.

The U.S.C. husbands rap sheet is no problem . Maybe tell your sister to loin VJ and see if more details would help shed light 

[Nana098 18]

2 minutes ago, Timona said:

I don't see how her husband's charges are withholding her case. He's not the one being interviewed. 

 

You need to ask her to do a FOIA request. Other than that, fraudulent marriages are prevalent with Colombianas, more so in Florida. That's where my bet is. I just don't see how her husband is withholding the case, unless it was AWA. 

 

What exactly is the husband's conviction??

P.S. And if it was AWA, that case would have already been denied. 

I am going to ask her what kind the problem he had. Like I said before I used the words Drug Conviction to letting you know like something related with that happens to him. She was vague when mentioned.

[Nana098 18]

2 minutes ago, Family said:

The U.S.C. husbands rap sheet is no problem . Maybe tell your sister to loin VJ and see if more details would help shed light 

Yeah! I told her in this community we can get ideas about our process with USCIS.