libyloba

You guys are one devoted and committed couple. Your timeline gives hope to others who are getting hopeless. Congratulations. Really.

Thanks . We are so happy that this is finally over . I mean in the 6 years we've had 3 strokes interview, the case was denied, service motion, and had to contact the first lady, congressman, senator, state rep, Ombudsman, lawyer (pretty much useless) but the day has come at last.

After 6 years and lots of headache, the hub is getting his green card! . Thanks to all the forum members here at VJ's for your support and advice .

Hi everyone, although this is my first post I am not completly new to this forum as my wife and I used this forum regularly when we applied for my K-1 visa (although this was done under a different username).

I have re-registered to hopefully receive advice that will help me in my unfortunate situation.

I will try and explain my situation the best I can. OK here goes (deep breath).

I entered the US on a K1-Visa in May 07.

I married my wife in July 07 (within the 90 day period).

Unfortunately for me our marriage began to collapse when my wife started to fall in love with her best friend. At first it was arguments of jelously and trust as she denied having feelings for him. Eventually I decided enough was enough, it was obvious to me that she was falling in love with him and I had to move out . A month or so after I moved out my wife admitted to me that she had slept with him....about a week after the day I moved !!! It was one of those situations were I hated to be right. Since then and to this day, they have been together as a couple.

This all happened around the time I was supposed to file for my AOS and I never proceeded to file the papers... due to obvious reasons.

Since then I've been trying to figure out what to do and to be honest I didn't want to go home....I needed time to get over all this.

I am aware I have been living here out of status. I am unemployed and do not have the right to work here. I can't live off my savings forever. If possible, I would like the right to live and work in the US, legally with the freedom to leave the country as I please. I didn't marry my wife to have this right, I married her because I loved her and I wanted to be with her.

My first question is...... My wife and I are still married, would it still be possible for me to change my status at this stage? Although I have not talked with my wife about this, I'm sure she would be willing to comply. I'm sure many of you are scowling at me for even asking about this Right now I see this as the only option at a chance to stay here.

My other option (possibly my only option) is for me to move back home to England. If I move back to the England, will I be banned from visiting the US and how long will I be banned for?

If I ever wanted to apply for another visa, will I have difficulties..... as I have been living out of status does this mean I have overstayed?

OK that's about it from me. If you would like further info from me in order to answer my questions accurately please feel free to ask me Thank you for everyone's help or advice in advance. I am very prepared for everyone responses advising me to go back home to England and pick up my life again.

I've been reading your post and responses... unfortunately, I did not have an answer to you question so I did not reply. Still, I will like to wish you the best of luck. I hope everything works out for you.

do what you need to do... if the application is approvable it needs to be approved.

Why you 2 state representatives? only ones that can help are your US Senators and US congress people

Well, on a previous post a few members of this forum said that they had better luck contacting their state reps. than with their congressman's. Like I said before I was just trying to see... hoping that anyone would respond to my letter and help us out. I have tried calling the USCIS costumer serv. line to see if they can give me and update on the case but they were... (I don't know how to sugar code this) been useless. The Last time we tried we kept getting transfer from one extension to another to end up telling us, zilch.

Hello everyone here at VJ’s,

Well I it’s going to be 8 months since we went to our last interview and still, nada. So I decided to write a letter to the first lady, Senator Hillary Clinton, Ombudsman, and my 2 state representatives. I figure one of them (staff members) will contact the USCIS and get this case moving again, I mean this case it’s taking forever… well since 2002 (it seems like for ever because my husband has not seen his family for about a decade and I feel so helpless). O.K. I’m rambling!

I got a response from Hillary’s office, and the first lady; their personnel have contacted me to inform me that the have sent a letter to the USCIS in an effort to figure out why this case is taking this long and the status of the case, they said that they will inform me as soon as they get a response.

The interviewing officers (well our last interview on February) were so angry at the fact that I had gone to my congressman’s for help when the cased was Denied. They told us in a very condescending voice that they wanted to make sure that the case was reopen for the right reason and not because of someone’s need to please my congressman. Did you guys think that I did the right thing? Or is that just going to aggravate matters further?

I haven't heard it refered to as KAPALM - but this is the policy change they are talking about:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Basically if the Name Check is the only thing holding up your GC (# 485, # I-601, # I-687, # I-698) for more than 180 days after all other conditions/requirements were met, then they'll go ahead and complete your GC processing. If the Name Check does come back adversely, then the GC will be revoked.

Thanks, I went to the link and now I understand a little better about that policy. It's was kind of a long story but I was on the phone inquiring about my sister in law immigration case and I asked the rep a quick question about my husband's. She told me to call back after a month (since we called about a month ago to inquire on the case, we have to wait another month to inquire again) and this time ask for the case to be review under that KAPALM because they are waiting for the FBI background check and it been more than 180 days and it's way outside normal processing time.

On another memo does state that this is their goal to be fully in effect in 2009 and have benchmarks posted on processing.

Is this really your sticking point (meaning the FBI namecheck)? It seems there is some complication in your case where this one change in the regulations really might not help you. Of course I could be misunderstanding what has happened in your case.

On February 1st We went to our 3rd immigration interview and my husband had to go through the FBI check, medical, fingerprints again. I was told by the rep. that the FBI check is still pending so I guess that whats holding on the decision. This is giving gray hair...Waiting in this probationary limbo is really starting to affect our quality of life.

I haven't heard it refered to as KAPALM - but this is the policy change they are talking about:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Basically if the Name Check is the only thing holding up your GC (# 485, # I-601, # I-687, # I-698) for more than 180 days after all other conditions/requirements were met, then they'll go ahead and complete your GC processing. If the Name Check does come back adversely, then the GC will be revoked.

Thanks, I went to the link and now I understand a little better about that policy. It's was kind of a long story but I was on the phone inquiring about my sister in law immigration case and I asked the rep a quick question about my husband's. She told me to call back after a month (since we called about a month ago to inquire on the case, we have to wait another month to inquire again) and this time ask for the case to be review under that KAPALM because they are waiting for the FBI background check and it been more than 180 days and it's way outside normal processing time.

Hello everyone here at VJ. Do you guys know what KAPALM is? It has something to do with the new law regarding the FBI background check that was recently put into place. I was told to call the USCIS and tell them to review my husband case under the KAPALM because it’s been away over the processing time and the most recent FBI background check it has taken more than 6 month. I’m just a little confuse as to what the law actually allows for those people that fall under it. What is actually achieve by this new law?

I might have a way to make it to our interview...but can you bring your digital camera with all the photos on it for the interviewing officer to see or do they HAVE to be printed out?

thanks in advance. i need to know ASAP if anyone is reading

Well sometimes the interviewing officer wants to keep a picture or two so you have to have printed copies. I would transfer them to a cd/dvd and make print them for the interview. It's never a good idea to keep important photos on your memory card as they often get corrupted and sometime have to be formatted. Good luck on your future interview .

Hello, It's nice to see this kind of post once in a while. Congrats .

I'm usually very good at writing to people, however my congresswoman makes me nervous. I wanted to ask about what the hell is going on in the local tampa immigration office and why they haven't even processed 2007 AOS yet. I'm in DEP in the army, and can't ship to basic training until i get my interview/i-551 stamp or green card. i just need to expedite it.

i'm a March 2008 filer, who hasn't been transferred, but i have received my EAD and AP in may.

if anyone has a regular copy n paste format i can use, or any ideas, that would be great. thanks!!!!!!

Better to call senators or congressman on the phone. Look in your local directory. They should be listed there. If not Google their names for contact!

Or just make a trip to your congressman's office. I have no luck with my congressman's personnel on the phone, they never get back to me. I believe it's better if you go and express your concerns in person; Ask to speak with an immigration specialist (they have a person to take care of related immigration issues). they will take you a little more serious.

I did and the lawyer just says to wait when ever we can get her to answer her phone. I think I'm just going to go to the congressman's office again and see how they can help me. We have been going through this since 2002 and still no positive result.

P.S. The lawyer says that it because my husband is Moroccan and that it's not really fair but if he had been from any other race this would not be an issue as we clearly have a legitimate marriage and fulfill all the requirements.

Unfortunately, I'm pretty new at this whole immigration circus, so I don't have any advice for you. I just wanted to let you know that my heart goes out to you and your husband! It seems that the USCIS is so unorganized that it's hurting honest people who just want to live their lives. I wish you all the best and hope that everything works out for you two!

Thank you

2 things you can do: hire lawyer and contact the congressman.

Good luck, hope it works out.

I did and the lawyer just says to wait when ever we can get her to answer her phone. I think I'm just going to go to the congressman's office again and see how they can help me. We have been going through this since 2002 and still no positive result.

P.S. The lawyer says that it because my husband is Moroccan and that it's not really fair but if he had been from any other race this would not be an issue as we clearly have a legitimate marriage and fulfill all the requirements.

Our 1st interviewing officer on 2003 did not believe that we were married for love but for illegitimate reasons.I'm a citizen of the United States and my husband was born in Morocco and he came here with a student visa in 1998.

2nd interview was on Feb of 2006 that day my husband got his fingerprints done as well., On September 2006 we moved (but stayed in same borough) and immediately change our address online, completed and changed the address change form, changed our address at the post office. I check the case online almost everyday. We also call the costumer service # every other month and we had 2-3 Infopass appointment since then. The message is always the same “the case is pending at the processing site.”

On Oct 25, 2007 we got a letter stating that 2 letters has been sent for my husband informing us of appointments to go for fingerprinting and because he failed to go the case was now DENIED (bold front too) no chance to appeal. Also his Employment Authorization was canceled and if he did not file a motion to reconsider (which cost $585 dollars and one and a half year to approve) with in 30 days he would be deported. We never received those letters. We have all this prove that we have been trying to find get information on the case, so how can we not go to the fingerprint appointments.

I talked to a lawyer and she said that it all seems as if it was their error, still there is nothing we can do but to file the motion to reconsider because immigration would still require it.

November 06, 2006, went to our previously schedule infopass appointment and we explain to the immigration officer that we never got the letters and that we did move. We show her all the papers that we had on the previous infopass and the paper that they sent us very time that we called the costumer service. She then checked the case online and saw that it still said that the case is pending at the Processing site. The officer asked us to make copies of everything that we had and to bring it back to her, we did, she said to go home and that they are going to review the case and get things sorted out. The officer also said that we should be receiving something from them within a week and that if we did not get anything to schedule and infopass before the 21st of November.

I’m also subscribed to Visajourney.com (an online forum for immigration base community where users discuss their experiences with their immigration cases). I was instructed by the forum users to go to my congressman’s office and explained the case to him. I took their advice (after waiting a week for immigration to send me a response) and I managed to see an immigration specialist at the congressman's office. I explained the case to her; she saw the USCIS had made a series of error on our case. She immediately called someone at the USCIS and asked to see when they got our AR-11 form; the lady on the other side confirmed that they got the form on Oct-03-06. After a serious conversation about our case with the officer at the USCIS, she (immigration specialist) faxed a letter to them stating the following:

”Pending i-485; this case was denied on 10/25/07 based on "No show" for Biometrics (see pert. info.) appt.: The Pet. and Bene. Submitted an AR-11 and was receipted on 10/03/06; The Biometrics were scheduled for 05/31/07 & 02/28/07 and sent to the old address listed; the FR prints expired on May 2007(see adit stamp from the old FR print appt. that was sent to the old address dated on 02/21/06; We are requesting on behalf of the Pet, & Bene. that a "service Motion" be reconsider base upon the findings that is stated above (AR-11); service motion; service motion; service motion: Please Advise.”

As advised by the officer at our first infopass on Nov-06, we made another infopass for nov-20. We went to the infopass and after checking on the case the first thing that she asked us was, if we had gone to our congressman. I responded yes, we did. She then said that because we did that the case is being look into by somebody else in another department. The officer also checked the system further and she saw that they still had the old address in what she called "the old system", she then updated the "old system" so that when they finish reviewing the evidence, the decision would be sent to the new address (after all this they still had the old address in the system). I told the officer that by the time in which they decided to reopen the case or not, it would be outside of the 30 days and if they decide not to reopen, can we still do the motion to consider. The officer said that it's being reviewed as a motion to reconsider. She said that we should be receiving something within the next couple of months. Finally some good news, that means we do not have to pay the $585 plus 1500 to our lawyer to do the motion to reconsider.

Finally some uplifting news, USCIS decided to do the service motion and reopen the case. They sent 2 fingerprint appointment, sent him to a civil surgeon, and 2 appointment for another interview (different date) one for the 1st of Feb and another one for the 5th of Feb. We had to bring copies and original of the affidavit, lease, and so on once more. We decided to go with our lawyer and it was a good thing to do because there were 2 immigration officers this time interviewing us. They said that because someone decided to do the service motion they wanted to make sure that it was not because they felt pressure to do so by our congressman.

February 1st, 2008. The interview was intense; they were asking lots of questions. They asked my husband why he failed to show for the fingerprints, he explained to them that we had moved and that same month we sent the change of address form. She asked if we had copies of the AR-11 form because they had no record that we've ever sent it to them. I knew for a fact that they did received the AR-11 form because of the conversation that the immigration specialist had with an office at the USCIS but whatever. In the end they told us they will review the case further and make a decision. They wrote pending in my husband passport and said that that was all. After all we have been through I was expecting them to stamp my husband passport right there but on the other hand at least they didn't deny it again.

It’s has now been six month since our interview and we had not heard anything from the USCIS so I decided to call and ask for information about the status of the case. 07/10/08 we received a letter from the US citizenship and Immigration services informing us that the case is under review and that we should receive something within 60 days of the letter.

We work, pay bills and out taxes. What is the problem? I feel helpless and I don't know what to do anymore. I think this is just because my husband is Moroccan. My husband says that if he doesn't get his green card this year, he will go back to see his parent no matter what happens and I cant tell him not to because I cannot imagine not being able to see my parents for more than a decade.

Well, i moved last year (june 1st 2007 to be exact) and i FORGOT to file Form AR-11 for me and Form I-865 for my husband. We have 2 more months left in our apartment and then we'll move once again.

My question is, should i report my new address to the IRS now, even though i only have 2 more months left in our apartment?

I know i should've reported it within 10 days of my move...

Oh and i did call the 1-800 number and talked to a customer representative and asked, and all she said was, file as soon as possible.

I also asked her if i'll be in any kind of trouble for not filing within the 10 days i was supposed to file and all she said was "I DONT KNOW". So as you can see she was no big help...

Also keep copy of the AR-11 and of the stamped envelop. I would also schedule an info pass appointment to make sure that they did receive it and to see if everything is ok with the case. I was in a situation where I moved and sent the form but the said that they never got the form. My husband did not keep a copy, we were waiting for a year and later we got a latter to our current address(?) stating that the case was denied. Better safe than sorry.

It probably isn't a scam other than their fees might be higher than somewhere else. A doctor charging $250 to see you for the first appointment is not unheard of. They normally call it "consultation". That's just his fee for spending his time with you that day. The next appointment might be $95 or $50.

If you have blood tests done, or x-rays, or biopsies then you're charged by the place (hospital or lab) that does it. If it's an x-ray or scan of some type, then you get a third bill from another doctor (radiologist) who views it and writes up the report to send back to your doctor. It's very overwhelming. If you don't have insurance, you should try to find out if there is charity hospital or low cost clinic in your area in case you need to go in the future.

They could turn you in to the credit bureaus, but I think medical bills might be handled differently than not paying credit cards. I think different states probably have different laws about it too. Somebody with more experience with credit reports would have to comment on that.

I hope you get it straighten out. I would go in person to Columbia Presbyterian and be polite and say "we didn't know we would have these other charges. Is there someway you can reduce part of it since we have no insurance?" If you go in screaming that they are liars and cheaters, then you may not get much sympathy from them. They might work with you because most of them have agreements with insurance companies to take less than their fee, so maybe they would work with you in some way.

Well, The DR (jean simmon) first told my husband when he first called them that the $250 was supposed to cover all (not just the consultation), as per the DR himself. He did not mention any 3rd parties when my husband first spoke to him. Health insurance will not cover this expense as it is in relation to ones green card.

Some time in January, my husband went to a Civil Surgeons in NYC and he paid $250 dullards for his examination and blood test.

We later received a bill for $780 dollars from Columbia Presbyterian. We called and asked them why the new charges, why were we receiving a bill from them if my husband went to a private clinic, he already paid it in total and we had the received to prove it? We then called Dr. Jean Simon (the surgeon) and he said that it was a mistake and that he will take care of it.

The next month we received another bill, we call Columbia Presbyterian again, and this time we talked to the head of accounting, he said that Dr. Jean Simon took the blood test and then sent it to them to analyzed it. He also said that they had this kind of problems with this doctor before.

We called Dr. Jean Simon again and he apologized and said once again that he will take care of it.

Since January, every month we get a bill. Here are my questions, is there anything we can do (like sue) to get this sorted out? Who do we sue? Do we just give up and let these people take advantage of us? If we choose to ignore the bills, is my husband credit going to be affected? Shouldn’t there be a law to protect the client from Scammers (that what they are) like this?

P.S. We got the DR from the USCIS website.

Thanks,

Liby.

Experience

Hi everyone,

I got my green card today! I haven't posted anything in this forum, but I want to extend my thanks as it's been incredibly useful and has given me hope when I needed it most. I'd like to share my time line, and give some advice to the advice seekers on here - for what it's worth...

My time line:

Filed for AOS[EAD/AP] (mailed): Nov 19 2007

NOA: Nov 28 2007 (received at center Nov 20)

Biometrics apt.: Dec 20 2007

EAD/AP approved: Jan 25 2008

EAD/AP received: Feb 2 2008

Interview date: Feb 26 2008 (approved)

Green card received: Mar 7 2008

I opted for an attorney through out the AOS process... There are many on here that oppose the idea, but for me it really worked out for the best. I first used my attorney as someone to brainstorm with over the phone about my options, and it really helped - do yourself a favor and don't get worked up about any aspect of the process until you know exactly what your options are. I'm an extremely anxious person - another reason why having an attorney helped me...

My advice to new comers to this process is to try and stay calm about it all (I know, I know - yeah right...). You don't have a lot of options once the process gets started, everyone has to go the same route (more or less) and there's not a lot you can do to make it go any faster. Try not to make theoretical dates in your head for the different checkpoints in the process - it will only drive you nuts. This isn't an easy process, but it's not an impossible one either. Take a deep breath, know what you are getting yourself into (embrace it), and take everything with a grain of salt - there is light at the other side...

Finally, my best advice is to use this forum! It's a wonderful source of information, and there are almost always people around that have already experienced what you are going though.

I'd like to extend my thanks to everyone on here, for everything! You are doing a great thing here! This is me signing off and wiping my hands clean of the USCIS for another 21 months.

You went with your feelings and it worked for you. Congradulations.

well, in all my travels I've noticed again and agin that so many other nations dont pay much attention to their personal "scent". And if you dont wash properly or dont use the right antiperspirant/deodorant you STINK! I would imagine this woman used this disinfectant simply because his scent was other than pleasant. I would have done the same thing. I've been crammed on metros in other countries and let me tell you, it can smell like death on a summer day. Its no secret that most men from Europe and southern Asia do not use these products. I have no problem asking some guy to back up a bit if he is really smelly. I've done it many times. Why should this be considered rude? Isn't it rude to subject other people to your personal funk?? Should she be worried that she will hurt his feelings? maybe. I would wait or find a decent way of handling the odor. And if I ask someone to back up a little, they need only to believe that I don't like communicating that closely. americans have a personal bubble that we like to maintain. Most foreigners don't even know what the "bubble" is. I used to have some close Polish friends. Really great guys. Hard working and fun loving. But they never seemed to care that they smelled like a Sasquatch, and they would have to be within 3 inches of your face if they wanted to talk with you. Used to drive me crazy. And I'd find myself backing away slowly as we talked. Boils down to simple cultural differences. Not really a big deal, but I can certainly understand why this woman used the Lysol. It wasn't because she was racist or paranoid. it was definitely because of the scent. I'm almost 100% sure of it. Spicy! Yum...

I agree with you for the most part but a someones nationality has nothing to do with good hygiene. Sometimes it's a sickness, I knew a girl once from Israel who suffered from really strong Armpit Odor and nothing seemed to help. She had to have surgery that closed her underarm sweat glands to stop the odor. After the surgery the odor stopped and everyone saw her for what she really was, a beautiful girl.

Here's an interesting excerpt about the Negritos of the Philippine Islands...

Ati woman

Negritos often appear in the traditional myths as having been created alongside the Malays and then for one reason or another, depart. Very often, these myths do not reflect a positive image of blacks or even the brown people who are the protagonists in them. People end up black out of divine punishment or some other mishap. A Sulod myth makes blacks wandering beggars for having offended a divine ancestor who tested his children's respect. Even the Sulod failed the test and so both the itim (black) and brown people are cursed to beg or toil and only the maputi (fair-skinned/Europeans) are blessed with wealth for doing little. Likewise, in several Visayan myths, an ancient ancestor goes into a rage over his lazy children and the children flee to different parts of the house to escape his wrath. The cultural traits of the children's descendants are then set for posterity based on the part of the house in which they hid: fat children having hid in the pantry; the handicapped having descended from clumsy children who had accidents in the scramble; powerful descendants issuing from children who hid in high places like the rafters; and interestingly, blacks descending from children who hid in the kitchen. In an interesting Bukidnon tale, both blacks and whites are descendants of children who defied God's order to intermarry, one black with one white, and ran away with mates of their own color. But some obedient children stayed and married as divine mandate required and they became the Bukidnon and other brown peoples (Eugenio 2001, pp.84, 288, 335, 336).

http://agta.4t.com/literatureandlegends.html

That's very interesting. Well according to some scientist modern man came out of Africa about 50000 years ago. Anyways, this all make me remember Martin Luther King “I Have a Dream” speech. "One day live in a nation where they will not be judged by the color of their skin but by the content of their character."

in El Paso on Wednesday, comedian George Lopez made light of the tensions between Latinos and blacks in a campaign appearance for Mr. Obama. Surveying the crowd in a city that is 81 percent Latino, the 46-year-old Mr. Lopez drew laughter and applause when he took this swipe: "For all the people who say Latinos won't vote for African-Americans, I'm looking out in the crowd and 80 percent of us are darker than him, including me. Throw that out the window."

There's a nugget of wisdom there. There is a prejudice against dark skin among Latinos, as well as in many cultures.

I agree. She may be a Hispanic leader but that doesn't has to thinks for us. Besides One of my college teacher once told me that one drop of "black" makes a person "black" then in that case 95% of Latinos are Black. I wounder where she falls .

Dallas Hispanic leader's comments about Barack Obama are causing re-examination of old tensions between blacks and Latinos in a city whose demographic DNA has changed dramatically in 20 years.

Adelfa Callejo, 84, a lawyer and civil rights activist who supports Hillary Rodham Clinton, sparked controversy with remarks she made in an interview that aired Wednesday night on KTVT (Channel 11). "Obama simply has a problem that he happens to be black," she said.

The Clinton campaign said the New York senator "denounces and rejects" Mrs. Callejo's assertions about Mr. Obama. In an interview Wednesday night with The Dallas Morning News, Mrs. Callejo said many Hispanics have told her that they have reservations about voting for a black politician because of experiences in the Dallas area, including fights over funding in the Dallas school district.

"What I hear is that they do not trust that Obama will do something for Hispanics," Mrs. Callejo said. Mrs. Callejo called such feelings "unfortunate because blacks have a tragic history in the U.S." Mexican-Americans have had a history of lynchings and other abuses as well, and blacks should learn the history of Latinos in Texas, she said.

She acknowledged that some of the political tensions could be generational. Indeed, said many Latinos.

in El Paso on Wednesday, comedian George Lopez made light of the tensions between Latinos and blacks in a campaign appearance for Mr. Obama. Surveying the crowd in a city that is 81 percent Latino, the 46-year-old Mr. Lopez drew laughter and applause when he took this swipe: "For all the people who say Latinos won't vote for African-Americans, I'm looking out in the crowd and 80 percent of us are darker than him, including me. Throw that out the window."

If you will like to read the whole article, this information came from the bellow link:

http://latina.blog-city.com/adelfa_callejo..._over_progr.htm

A month ago I would have said FG but they recently aired an episode where they humiliated New Yorkers and being a proud New Yorker, I would now say South Park.

congrats

congrats