yailukmuu

I could use some information people would someone please help me out?

My spouse filed AOS and the I-797C was dated December 22, 2013.

What confuses me is that there are three MSC numbers

MSCxxxxxxxxxx2 (This is the MSC # on the I-797C)

MSCxxxxxxxxxx3

MSCxxxxxxxxxx4

The one ending in 2 when checked on USCS states: Jan 29th, "Card Document Produced" "mailed the document."

The one ending in 3 states: "new card delivered to xxxxxxxxxx on Feb 19th."

The one end in 4 is clearly the Travel card, whatever that is called.

Now, if the I79C Notice of action was Dec 22, from what I see here there is no way that the interview was held as that seems to take at least 3 months. So just what has been sent? Any ideas?

I'll assume that the one ending in 3 is the doc that allows work.

Is it actually possible that the Green Card has been printed and delivered within 6 weeks? From looking at all the Dec and Jan AOS filers... it appears that 3 months is the absolute minimum and that about 4 months is the norm, am I correct on this?

My (our) case is an odd one. Exactly after 35 days of marriage, on the very day that the I-797 check for $1070 cleared, my wife abandoned me.

I no longer want any advice or discussion as "what I should do" please.

But I would love to understand what's going on with this. I doubt that the GC has been mailed but what was mailed on Jan 28th? Any ideas please.

Also, an oddity... her app went to VSC, and looking through three months... I see zero VSC handling K-1 AOS (I-485), is this the norm?

Thanks

Find a local woman's protective group (in reality they are gender neutral) and let them council the fellow on filing a VAWA claim. Not allowing a child to go to school, in essence locking him up fits quite neatly into the form of abuse that VAWA is good for. They'll help him self-petition and all fees will be waived. Best that he do this before he's 18.

As far as ADD and school, well, I never went to high school, though for some odd reason they gave me a social pass, even though I did not attend 5 of 8 months of my senior year. HS bored the ####### out of me, why? ADD. Later when I was ready I went to college and caught up achieved a BS, then achieved a second BS then achieved another degree--so much for ADD being an impediment. Often if a child/adult finds the challenge stimulation that does focus them--they act like a rocket.

in this case I'd be more worried about social skills or the lack thereof. The turn at 18 can complicate things. Sounds like quite a mess.

As far as that case where the daughter sued the parents.... deliver me! What utter #######.

Good summation Caryh. I've offered to assist and whethere there is communication with the USC or not will say a lot.

Another possibility (I think, correct me if I'm wrong) is that everything has gone through with a hanging RFE for Affidavit of Support. Hope springs eternal, especially amongst the unemployed.

I'll update with "the rest of the story," sometime in the future.

Thanks to all who contributed to this thread.

Yes, I can see that in some cases, it could take that long. I just find it odd that she doesn't have anything more specific than that. It could be because a) she is being played, b) he doesn't want to admit why the petition was denied (in case of a Adam Walsh Act, for example), or c) she knows why it was denied but as you commented she was only a casual friend, she might not want to admit to you why it was denied.

So, either she knows exactly what's going on or she doesn't. Personally, my fiance and I have traded pictures and scans and emails of everything pertaining to this process and I wouldn't have it any other way. Long distance relationships are hard enough without total and complete honesty and transparency, in my opinion. But that's me. Your friend may feel differently, or, like I said, she may simply not be telling you all there is to it.

Thank you SparklePony

Agreed, it's a possibility and a good reason for caution. Though she could have very easily avoided the subject entirely, and did not, and the frustration is palpable. I shall tread cautiously.

OP; You have ignored the good advice posted right away that said a K-1 can take years if the petitioner is subject to the Adam Walsh Act, which means they are ineligible to petition because they have convictions for sex crimes against minors.

Yes, this exists and we have people on this forum in that situation whose K-1s take that long.

Not really. Anyone who knows that they are being delayed due to AWA and the fiancee does not know this, in my opinion has a particular lower level of hades waiting for them upon death.

Harpa Timsah, are there circumstances where the USC might not know they were being delayed due to AWA or for some other factor?

I have no desire to have her arrested! It was a lesson learned and I still have 2 beautiful children from it even if I don't get to see them.

Oops, I apologize Mac, two kids paints an entirely different picture than what I had envisioned. I hoped my answer was not insensitive.

Agreed Caryh.

Update on this scenario. My friend tell me that her fiancée sent in only “the form” and the check.

Then states that there was no RFO but that USCIS denied the application and advised them to appeal telling them that it would take 6 months, after 6 months fiancée called and was told that they would receive a letter.

USC then stated: He received a letter within a few days and the letter said: “we have to perform additional review, if you do not receive a decision within 6 months, please call this number.”

Then she says every time the USC calls they tell him they have not received anything. “They don’t ask for more documents.”

Ok as I look at it we have

Choice A: No application, never was.

Choice B: Psychotic behavior

Choice C: Anyone got a choice C for this insane and I think, very sad commentary?

Thanks sharky-rex, that's what I thought.

Thanks Girl from Celebes. I wonder what could possibly hold up a k-1 for five years? A missing letter of intent would set off a RFE, and is easily fixed. Allowing a month for each RFE, two + years would need about 14 RFE’s. Still, I’ll be careful. It could be simply that the fellow, as so many here have, has fallen into hard times and is struggling to find income enough to meet the requirements. Two years is a huge red flag—but no amount of red flags are necessarily conclusive.

Mac, what a horrible story. I think that you’re lucky having broken up with her! If she used the US postal service to send you anything, the USPS takes mail fraud very, very seriously, and you can still file a complaint if you have evidence. The limitation of actions (= statute of limitations) block most legal action after 2-3 years, but not in the case of mail fraud. Sent past state borders it becomes a Federal Issue and unlike the FBI or local police who would be useless , USPS investigators take mail fraud seriously. Even if they take no immediate action, they might issue a warrant and it may pop up in the future, and she might find herself arrested from a routine state police traffic stop. It would serve her right to be haunted by past bad deeds.

How sad, and how to tell this clearly innocent and trusting person... I'm curious to see what others say, perhaps there are known instances where for some reason things take so long, but then I see: "a phone call to USCIS and they say a decision is coming soon." Not the sort of thing I've ever heard from any area of USCIS/NVC, maybe the consulate...

The other case I saw was a "moma's boy," ( = a man over 40 still living at home with mom, and who is a "contractor." These guys are deadly, never able to break away... maybe living in hope endlessly. (Note: this is a generalization and not to mean that all men who live with mom will be a bad deal, notable exceptions are responsible men who have two units that interconnect (and a door that can close, also known as a mother-in-law apartment) and sons who took a parent in temporarily due to a recent illness).

This is almost similar to catfishing...

From urbandictionary.com

Did you hear how Dave got totally catfished last month?! The fox he thought he was talking to turned out to be a pervy guy from San Diego!"

I've a casual friend that I was chatting with at a site other than VJ and I commented that the couple appeared very nice together.

I was surprised to hear: "Yes, we are waiting for a decision by USCIS, as we forgot to file some papers, it's been over two years now..."

I don't want to be the harbinger of bad news but I've seen men dupe Filipinas by saying that K-1's had been filed when clearly they had not been at all. I wonder if this is such a case.

Once (a different occasion about a year ago) I simply said to a Filipina; "Have you made a letter that you signed that stated you intend to marry the US citizen (your fiancee) and sent that to your fiancee?" The answer was "no." But she had been told that the K1 had been started well over a year ago. It was my sad duty to inform her that she was clearly being duped. (And she was).

I wonder if this is a similar case.

Has anyone heard of a K-1 that took over two years?

Nope they don't accept dvd's, you've heard of shoe bombs and lately tooth paste bombs...well, as far as they know dvd bombs are next....

Send photos...

People can get them same day at any IRS office. IRS will fax them in a few days. Mine were mailed and I had them in about 2 weeks.

They are FREE.

Nice to know Ning. Maybe beyond a certain number of years there is a fee, or maybe they removed it. Imagine that.

Sometimes 'ya just gotta knuckle down and do the legwork, and in the end it turns out not so bad.

It's possible that she could be positive for a skin test, and negative for the sputum. That would suggest that she had TB before, but it's dormant and doesn't have an active infection.

They don't rely on the PPD because so many Filiipinos were given the BCG vaccination. And for those, false positives are very common. So while the skin test (PPD) is reliable in the US, it is not considered reliable in the Phils.

A negative sputum test with positive symptoms such as fever, night sweats and other indicators can sill get you flagged for TB. TB can manifest itself in the lymphatic system, the genital system and the digestive system as well as others. So it is possible that an honest answer about symptoms could set off further investigation.

The wait can be a hassle, but consider that you'll solve the problem and that is worth the wait, even if it doesn't feel that way.

TB is the #6 cause of death in the Phils.

Just figure out how to do it, research IRS.gov, get the forms, have her sign, mail it in with the fee, bingo....a month later you have them.

Thank you.

Caryh, that's a tragic story and from the palpable anger perhaps there is much unfairness on both sides.

A sad state of affairs, yet I have Fil-Am couple friends, and they are all together and seemingly happy. Perhaps the bad apples are just a minority that we hear about.

I suppose karma will rule in the and.

NBC. National Benefits Center.

Agreed, though who are they farmed out to, or perhaps a better question is: Which Service Centers--never process a k-1 I-485

Harpa Timsah, you have a lot of experience would you kindly look at:

http://www.uscis.gov/forms/service-center-forms-processing

I'd like to see if you come to the same conclusion that I have come to--I'd rather wait until you answer before I say exactly why.

Also, what is a "T or U nonimmigrant" ?

This sounds like a clear and unequivocal pattern of abuse that fits neatly into VAWA (Violence Against Woman Act)

Typical VAWA Scenario

1 Noncitizen marries USC or LPR

2. USC or LPR abuses her or her/their child

3 Abuser refuses to file petition, or threatens to withdraw petition, divorce her, or not attend the green card interview.

4. Abuse spouse/child feels trapped

5. Then learns of the rights and files VAWA petition

6. VAWA approved and Deferred Action gronted with work permit and low risk of deportation.

7. Abused spouse/child eventually becomes LPR with no reliance on abuser.

See: http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=5&ved=0CEcQFjAE&url=http%3A%2F%2Fwww.illinoislegaladvocate.org%2Fcalendaruploads%2Fvawa.pai.3-31-05.ppt&ei=AVQOU7bgJuqe2QWLvYGwCA&usg=AFQjCNFPRctvY6fxXQ_lOpwaiA84L8MEOA&sig2=PLbRjAevcFuaIthpMXAQYQ&bvm=bv.61965928,d.b2I Note: No copyright on document.

Also see: http://www.womenslawproject.org/brochures/DV_Immigration.pdf

“Withdrawing or threatening to withdraw a petition to legalize your immigration status.”

I suggest that you call, and be careful how you do it, a local woman's protective service and ask for assistance. Virtually every city, even small ones have Women's Protective Services.

Document carefully when it happens, keep notes. If VAWA action is filed you stand an excellent chance of being granted special status. We don't know your age, if you are under 18, I'm not sure exactly what would happen, again a Women's protective service can help. (Note: The abused does not need to be a woman).

I believe that the I-485 (k-1) (Adjustment of Status) goes to Chicago.

From there they are farmed out.

Does anyone know exactly which service centers, especially such as CSC, TSC, or VSC are used to process these, or might you know if any are not used to process I-485?

Thank you

Darwinism at work.

Yup...how can this case be nominated for a Darwin Award?

See: http://www.darwinawards.com/

You might have a chance to request withdrawal of your affidavit, maybe a 50% chance. This is based upon a cursory review of August filers, see:

http://www.visajourney.com/forums/topic/447870-august-2013-aos-filers/page-5

A few filed in August, one was approved 11/15, another 1/06, and there were several not listed as approved. This could be that the approval is taking a long time (~6 months) or it could be that these people simply have not updated their timeline. I get the feeling that if the Adj of Status went to the NVC it takes a long time, if however (I'm basing this on looking at Jan 2014 filers) it goes to one of the "other" (on Monday the USCIS supervisor in Manchester, NH stated: "we have no idea where they go, some are farmed out to private (?) processors, so there is no accurate time frame" (note: that's from memory and not to be relied upon as an accurate statement). But I found that there were Adj of Status that went from Acceptance to Approval in short times too...in one case listed an 11/25 Acceptance achieved Approval on 1/17--that's a mere 51 days! So variability seems from a fast 51 days to about 6 months.

Find the case number post haste, and use Darnell's link above--if it says still processing I'd move you butt at light speed. If the lady has a bf, heck, why not have half a dozen little ones and what better reason for daddy not to legalize the marriage, welfare benefits exceed in many states what many can earn working 40 hours per week.

You can't do an Infopass? For God's sake man----------why not? Your butt is on the line.

Close every Visa account, have them put a fraud watch on them and reissue you a new number.

Go to every bank, close and reopen the bank account with a new number.

Do not talk to the lady, do not call her, run... The complaint should be dismissed if possible. But the reality is that under VAWA the complainant can say or write anything and introduce anyone as evidence. So you call her and say: "Honey, I love you, come home," three or four times. Complainant writes: "He/She hassled me on the phone repeatedly and said he was coming to kill me and my boyfriend whose statement is attached echoes this."

Now let's say that for those four calls, you had mom, dad, your brother and your sister in the room listening. They all say: "rubbish--we heard you say: honey come home." But---------the kicker, neither you, nor anyone related to you can offer or submit testimony.

It is that bad.

This seems similar to your case, eh?:

http://www.visajourney.com/forums/topic/482656-k1-visa-married-but-now-separated-false-domestic-violence/

Thanks for your input Avery.

Not really Avery, that's a false VAWA allegation, here there is no known VAWA allegations, though I'm taking your suggestions about the possibility of an annulment to heart and going to lengths to hear several opinions, so I'll update as that happens.

The timing is similar yes, and if it turns out that there is a "potential" coach here in the US, then that makes it similar.

Here at VJ we might see a tiny fraction of all those doing K-1 visas. From USCIS data review on VAWA allegations afer the fact, USCIS point out that about 80% do not meet the form of abuse that the law was intended to protect against. Though I have only numbers from case studies in 2002 and 2006, if one extrapolates to 2014 it is likely that VAWA claims this year that are allowed but which do not meet the abuse requirements exceed 100 per day!

Timing is critical too, as is luck, in fact I'd like to know if my spouse has, as I think is likely the case, gotten a GC, because if so, that could insulate me from a false VAWA claim. I think few that look into VAWA would say that the law is functioning properly.

I'm pursuing your idea of annulment because--if I can even find one single case that's similar I will go for that. Why? Because even with GC in hand--the requirments--marriage was never met, thus it seems that the GC would be revoked.

With what is going in in Ukraine and Russia as well as the former Soviet countries I expect a deluge of such claims.. In fact the Supervisor at my Monday Infopass appointment indicated that she was surprised "at the country," I said: "Nigeria?" She said: "No, Russia."

The world is hurting (as compared, let's say to 2006/7) and globally it seems that honesty is becoming a non-reality. So why not do things like this--not to say I ever would, but I cannot put myself into the shoes of someone who, as my spouse's opportunity, could earn perhaps $100 a month. Desperate times make for desperate measures--I just think I was unlucky to run into such a competent pair or perhaps such a competent illegal in Arizona to act as a coach.

Best as I know an annulment is almost impossible to obtain unless you can prove the marriage was not consummated (hard to prove), not legal, or blatant fraud (a man pretending to be a woman, major defect which would prevent sex, etc.). Don't worry about the annulment just go for the divorce.

Right now you should be moving heaven and earth to have your I-864 pulled. I would be sending certified, return receipt letters to every place I could think of, going to the local office and submitting in writing the request to withdraw the I-864 (obtain the name of the person you submit it to), contacting my congressperson, etc. I doubt she will leave even if the green card is denied but at least you won't be on the hook for her.

All done long ago. Divorce papers served long ago. Documents and letter to USCIS at proper address (receipt shows Jan 21), followup visit at Infopass, a week later. Another visit to Infopass yesterday got only a "we can't tell you anything." Request and document to staffer who deals with USCIS both to Congresswoman and to Senator done. There is now only hope left.

As for annulment, State law rules, and virtually every state is different. Three lawyers in NH now have said; "You cannot annul in NH unless you can show she was married and never divorced," and she wasn't. I imagine she won't respond to the divorce papers and sort of hope she doesn't. NH Court in this case is not likely to give someone married for 35 days, who abandons and then tries to hide her location a thing.

As far as the green card, if she gets one--I'll never know. If she files a VAWA case I'll never know. Unless someday she receives public funds for something and then *poof* I'll get a bill, for $2,000 or maybe $22,000.

I think that I need to create a webpage and enlighten every potential scammer in the world on exactly how to scam and tell them just how USCIS will not even adjudicate. I should include every agency and explain all the benefits. They don't even allow the accused to say "boo;" they allow no evidence and America is full of well funded enablers who, if you read documents, essentially coach. Then when we start getting 3000 of these attempts a day--then something might be done. Otherwise it's status quo. C'mon we have 11,500,000 illegals here. Does anyone really think our government takes this seriously?

Don't get me wrong about VAWA, at the base of it it's a good law. The problem is that retroactive USCIS investigation show that evidence only proves that the case has merits in less than 20% of cases. As it stands VAWA is a travesty. I'll bet that there are now 240 cases a day or more based upon the only data that I can find which is 2002 and 2006, extrapolate the curve and it's pushing 200 scam actions. And this ignores people who just use Americans to get here and don't even care if they are legal and who don't or can't use VAWA. Places like Phoenix, AZ have entire billion dollar economical systems that illegals work within. For every one of those theoretical improper VAWA claims--there is a trashed human, trashed emotionally and physically. For the 40 cases that have merit--well, that is a good thing.

There are plenty of immigrants with good intentions and good hearts and I fear that the % of those without is growing year by year and will continue to grow as the world economy sinks.

Section 13 of the Annulment form: "State the cause for this annulment." One option, "Marriage induced by fraud."

Thank you counselor.

Ah, if only you could practice in NH. The lawyers here must be very dumb because I just finished short "free consults" with another two. "Fraud is not a cause of action suitable for annulment.

Avery up one,

Three NH divorce lawyers down.

It is right there as an option on the official form to file for annulment http://www.courts.state.nh.us/forms/nhjb-2245-fs.pdf the sixth result for a google search for New Hampshire annulment fraud.

Thank you.

Here are the two laws (and only two statutes--no other, see the form) that apply:

Chapter 458 Annulment, Divorce And Separation

458:1 Without Decree.

All marriages prohibited by law on account of the consanguinity or affinity of the parties, or where either has a former wife or husband living, knowing such wife or husband to be alive and knowing that their marriage had not been legally dissolved, if solemnized in this state, shall be absolutely void without any legal process.

458:2 Petitions.

If any doubt exists whether any marriage is void, or as to the effect of any former decree of divorce or nullity between the parties, a petition may be filed as in other cases, and a decree of divorce or nullity may be made.

In short, if you're married and not divorced and then marry again--it is grounds for annulment.

Simple, and "fraud" is not a cause of action, though I wish it was.

Now, if you want to prove otherwise, please do so.

One problem with law that I've come across again and again is that the average lay person often tries to simply apply their "logic." Yet the logic of the law is often very, very different than what "common logic" is.

You are correct that family law is almost always jurisdiction of the State, but even a 30 second Google search revealed that fraud is indeed grounds for annulment in New Hampshire. Don't know the circumstances of your inquiry to a lawyer, or the specific details of your case, but if it cost you $400 you may want to ask again. Don't confuse religious annulment with civil annulment. Two totally different issues. Good luck! (The Internet is a wonderful resource!)

Interesting Max, perhaps you could send me the link to where you found this. Lawyers do make mistakes.