Opalie

My cases has not been touched since July 1st.....Anyone with the same situation..Should i be worried?

Mine has only been touched once also :-)

it's my young sons birthday today, I am sad I am not there to share this special day with him

There's a great pub in apopka that is awesome...sometimes you can't even get in the place. St Andrew's Tavern iirc. They put out some pretty traditional food too.

I used to live in Apopka and went there many times. You can even order sausages and back bacon to take away from there, they were pretty accomodating :-)

one month from sending in the I-130!

So what is everyone doing while they wait?

I seem to be totally consummed to hear something lol...I work...but when i am off, I am checking..checking...think it is driving me crazy already!

I am really not the most patient person...i miss my kids and hubby like crazy, I know you probably all do too.

So in essence you misrepresented yourself on ESTA forms that you never overstayed your visa in the US? You'll need a very good lawyer to overcome all this.

Thank you for the response :-)

Could you please show me where I have misrepresented myself on the ESTA? I answered all questions honestly. I have never been deported or removed from the USA. I chose to leave.

Hi there

I am not sure if this is in the correct area, so apologizes if not.

In May 1998, my then fiance and myself went to America on a visitor visa..He is a US Citizen and I am the Alien..got to love that term! I went with my two children from my previous marriage..then aged 13 and 11. We had a joint child born in America in 1998 and applied for an extention to the visitor visas, which was approved. (We was waiting on my fiance's divorce to be finalized.) in May 1999 we were married and immediatly applied for an I-130 and I-485. Our next child was born a few months later. I received a work permit for a year and an SSN and also tax number.

Things progressed pretty slowly (I cannot remember if we got I-130 approval or not - it's a while ago), I and my older children did the finger printing etc in USA. We finally got an interview date (sadly the letter arrived after the interview day) we drove to the INS and the IO said that a new interview letters would be sent. A few months after we got a denial for the I-485 (not exactly the interviews we were expecting)as we had failed to attend the interview. Heartbroken, we involved the senator, who said we should pay $100 each to get our cases going again...this we did.

A while later, this $100 form was not acted on..nothing happened, we went to a lawyer who suggested we just start again...as when cases go bad, it is easier to just start again!!

By then i guess all confidence in the system had left me tired and I returned to my home country, after being in the states over 4 years. We left on our own devises..no deportation or even any notices...just because I felt let down by the system.

In July 2010 my husband and younger children returned to the USA with the anticipation of finally doing what the lawyer in 2002 had suggested and starting again to file for me to come over. This we did in June 2011. I have visitied the USA 3 x since they left, Sept 2010, Nov 2010 and June 2011, no problems to enter the USA at all.

Now my questions. IS Starting the process again....the right thing to do? WOuld an expediate help as USCIS error back in 2000/2001? Would a senator help?

Would I be able to file under the LIFE ACT as i was living in the USA in Dec 2000.

WOuld my older son (unmarried) have any way he can come back to the USA, if he wanted?...other than the F1 Family based. He is now 24. Would he qualify under this LIFE Act?

Would my older daughter (Married) be able to come over.....if she so wanted?

I know it's a lot of information and I do apologize.

ANy advise would be really helpful..

Thanks

Oh yes... God is still good!

Miracles happened on all 3.

To God be the glory!!!

woo hooo congrats...that was nice and quick!

I am a June filer too. Miss my Hubby and kids (who are in the US)terribly :-( I am really on the ball with getting this all done...seems I am constantly 'nagging' my husband to do this or that..as USCIS won't speak to me...grrrrr

Pift and sigh....

Both my hubby and I got divorced in 1998..and I have searched high and low and cannot find our decree's. :-(

When we got married in 1999 in Florida, we showed them..after all can't get married in Florida if previously married and don't show the degree's.

I am iritated where they are.

I sent the I-130 in as I was expecting that when i came back to the UK i would find them and could just post them off. It would be nice of course if USCIS can see from our marriage certificate that we got married in Florida and therefore by law, we had to show them..and when we did immigration in 1999 we sent them in...but I guess we will get a RFE!

Off to the courts I guess to get duplicates...

Do you reckon once I receive them, if i send a copy to USCIS with our receipt number..that they can tie up the information..or is it just best to wait for the RFE?

Any ideas?

Op's

Good News

When you login to USCIS and check the status of your case, if the date has changed then your case has been touched

Awesome, thank you...then my case was 'touched' 2nd July!

Thank you for the advise. I contacted USCIS who after a few attempts finally got through to someone.

Anyway, evidently my NOA1 was mailed out on 29th June 2011, they didn't send an email..not sure why as we completed the form.

Another question...how do you know when your file has been 'touched'?

Anyway, the waiting begins, although as we have previous issues, I might try for an expedite in a few days

Thanks again

Op's

Be strong there Opalie.

Trying very hard :-) When i see posts where Noa1 is received within a few days..it sure makes me worry...over 2 weeks so far.

So I guess as not hearing anything you worry..especially after my last experience!

But anyone heard of the packet being sent back before Noa1 is recieved? Or do they normally at least send a Noa1 before a RFE...if necessary

I guess my case is not the usual...as I have a SSN already and Tax number..and even a A# number..which we documented on the new I-130

I just want to be with my family ASAP!

Just wondering.

Op's

Hey there

Guessing this might be the right forum.

Sent I-130 26th June by express mail to Chicago. Signed for by Chicago 28th June.

Asked for email to confirm. So far heard nothing :-(

Sorry subject should of said advice not advise!

Op's

Hi there

I am hoping for a little advise and really some direction, I will try and keep it as brief as possible.

In 1997 I (I am British) met my now husband (he is an American citizen), in 1998 we moved to Florida (we were not married and I went in on a visitor visa, which we had extended for a further 6 months with no problem). In 1998 our son was born in FL, and in 1999 we were married in Florida and later that year our 2nd child was born. We looked to change the status of my visa to spouse. Everything was fine, until we got a letter saying we had an interview..but the letter was received after the interview date.

In a panic, we went to the INS office, where they assured us there was no problems, we would be sent another date. TO our dismay, we had a denied letter for not turning up to the interview. We involved the consulate, who after about a year, said the INS had lost our paperwork and we should start again. By this time, I had had enough and returned to the UK in 2002 with my children and my husband joined me here a few months later. We lived in the UK from 2002 to 2010. In 2010 we decided it would be good to go back to the USA.

He returned with our children, and got a job (after several months), which included accommodation. I stayed here as I do not want the same problems as before, but miss my children and husband terribly. The problem I have, is :

(1) Do we need to write on the I-130 the previous information?

(2) His income is below the 125% (it’s just a poor salaried state!) but he has free (well $100 per month) accommodation which includes all utilities, can we increase his salary as to include what it would normally cost for these things?

(3) I can have a letter saying I can have a job there...would this help?

(4) Should I enter on a visitors or Esta visa and ask for a change of status (I have visited the USA twice with no problems in Sept and Nov 2010)

(5) He did not file his taxes for the USA while he was in the UK.. he worked here (UK) and had a good salary, how will this fair on the affidavit of support?

Thank you all so much, and any advice would be appreciated,

Thanks

Op’s