Gomast

I disagree. If the background checks are still pending, the WoM will be dismissed in court, and it will not force a decision on the visa.

@Luis Gutierrez You have another option - to get married and apply for CR1. I know it's difficult after all this time, but maybe there is some red flag in your case, that will be easier to overcome with CR1.

In October 2017 when my ex returned to the US with my kids, we were separated, in divorce proceedings, but not divorced. My kids had derivative H4 from me. My ex had R-1 visa. Maybe she issued a derivative R-2 for my kids when they returned. I don’t know.

Few clarifications: On October 2017 my children entered the US with my ex. I am not sure what visa my kids used. Could be my ex wife's R-2). I filed for divorce in May 2017. We were already separated. I started dating my wife in March 2018. My ex refused to grant me a divorce. Only in November 2018 she agreed to the divorce and it was finalized. In January 2018 we filed for K-1. I can definitely see the red flags and the interviewing officer also asked me about it. I explained to him that my ex refused to grant me the divorce for more than one year. When the divorce was finally over, my wife and I got engaged.

The tier 2 officer says that the denial of the I-131 due to "fraud or misrepresentation" was only because I specified an incorrect class of admission. Sure, it's possible that the officer did not give a truthful explanation. However, the denial letter states that it does not effect future applications. BTW, in the I-131, I wrote that the purpose of my trip is to travel with my wife to visit our families, so it's not like I tried to hide that I'm married. I don't think that the I-131 denial is the cause of the long delay in the I-485. I think that the delay is because I have unusual circumstances, with my wife's previous divorce, my previous divorce, my ex-wife who is married to a USC and is in the process of AOS. But 3 years for a decision is excessive. If USCIS has any concerns, please send us an RFE, invite us for another interview, do a house visit.

So here is an update regarding my I-131 that was denied due to "misrepresentation or fraud". I received a call from a tier 2 officer who said that because on the I-131 I wrote under class of admission "K-1", rather than AOS spouse, they denied. The officer said that it has no implications and that I can resubmit the I-131 with the correct class of admission. * Edit: I hope that the I-131 example form on VJ will be corrected. I copied the class of admission from that form.

During the WOM process, I learned that lawyers whom I consulted with, were ok with filing the complaint even if only one year had passed from the filing date, and even when the processing times in my field office were 29 months. Currently the processing times in my field office are 15.5 months, so I've passed more than double that time.

Yes, you are correct, and I was worried about it as well. It is my understanding that the court looks at how much time in total the case has been in processing from the day of filing the application.

I agree with you, 120 days seem excessive. But I hope that in my case there will be a decision within the 120 days and that the judge won't issue an extension. I don't know if 90 days is the standard. I saw another WOM case with the same judge as mine. The petitioner filed I-751 on 2016. He filed his WOM complaint in February 2022. The judge returned the case to the USCIS and gave them 120 days to make a decision and closed the case. About two months later, the plaintiff's attorney filed a voluntary dismissal, but I don't know what was the result.

The main argument is that USCIS should make a decision within a reasonable time and that the court has the authority to compel the USCIS to take action if my case unreasonably delayed. In the order, the judge said that he adopts the analysis, and he can either hear my merits or send it back to the USCIS for further proceedings. He sent it back to the USCIS and they are ordered to make a determination within 120 days. If they don't comply, I can request the court to reopen.

I didn't find too much information in this forum about WOM, so I wanted to share my progress so far. I filed I-485 on September 2019. Normal processing times in my field office are 15.5 months. I have been waiting for a decision for almost 3 years. I had an interview on February 2022. Filing outside normal processing times requests, inquiries to my senator, congresswoman and ombudsman did not help me. I filed the complaint to the federal court a few weeks ago. That same day, the judge issued an order, returning my case to the USCIS and giving them 120 days to make a decision in my case. That same day, court closed my case. The USCIS hasn't yet filed a response to the court. I believe that even after the court marked the case closed, USCIS can file a notice of appearance within the 120 days. If the USCIS doesn't provide an answer within 120 days, I think that the judge can issue time extensions, so it seems like there is still a long way to go. On a positive note, at least I'm here with my wife, and we don't have to do this process while maintaining a long distance relationship, like we did during the k-1 application.

I don’t think there is a reason to confront her. Most likely she will deny the infidelity or she will try to justify her actions. Revenge might give you a temporary satisfaction, but it’s not going to make you feel better in the long run. You’ll always remember what she did to you. Just move on with your life and find someone honest and trustworthy.

Correct. I filed AOS from K-1.

My inquiry was useless. My congresswoman got the same response as the one online, that my case is under review. My senator was even more useless as he hasn’t given me any response. And the ombudsman was also not helpful. I never heard back from them. I have been waiting for 31 months when normal processing times are 15.5 in my field office.

I had my interview on 2/6/22 and I haven’t received any answer yet. The interviewing officer told me that he has a case that has been waiting for a year since the interview.