vespa12

On 5/13/2023 at 11:06 PM, vespa12 said:

Just received a letter from USCIS that my partners case for I-130 was reopened. The I-485 received a motion to reconsider decision after the I-130 case was reopened on USCIS error. I was also reached out to by my congressman’s representative. She told me they were the ones who filed the motion to reopen the case and they have also filed a motion to expedite on grounds of clear USCIS error. 
She told me that my partner (in her doing research on our case) shouldn’t be able to return to the country until his I-131 is approved. But I don’t think that has been reopened. 
If anyone has any advice on how to proceed from here that would be greatly appreciated!

We just got an RFE on the 25th for the I-131. They want proof that my partner did not leave the US and abandoned his petition. But he had only left because they sent me a letter denying the case and saying the decision was final and he didn’t want to be here illegally. It was only a month after he left that the case was reopened on USCIS error. 
 

so I really do not know what to do at this point. My daughters miss their dad and I miss my partner so much. Going to try to call tomorrow to request an in person appointment to explain the situation or something. I don’t know, wish us luck. 

On 4/15/2023 at 10:04 AM, vespa12 said:

The update for my partner and I isn’t good news. In the beginning of March  we received notice that his I-130 and I-485 were both denied and his EAD was to be withdrawn and discontinued 18 days from the letter received date. The confusing part about this was the letter said the petitioner had requested that the petition be withdrawn on December 21st, 2021. And I had done no such thing. But the letter said the decision was final and the case could not be reopened. We followed up with our congressman’s office and they responded about how it was confirmed by USCIS but they would be telling them it was an error on their part.

 

March 30th 2023 my partner returned to Australia.  So even if we got the case reopened he has been banned for overstaying 700 and some days for 10 years and the case would be closed any way. We’re a bit hopeless at the moment. 

Just received a letter from USCIS that my partners case for I-130 was reopened. The I-485 received a motion to reconsider decision after the I-130 case was reopened on USCIS error. I was also reached out to by my congressman’s representative. She told me they were the ones who filed the motion to reopen the case and they have also filed a motion to expedite on grounds of clear USCIS error. 
She told me that my partner (in her doing research on our case) shouldn’t be able to return to the country until his I-131 is approved. But I don’t think that has been reopened. 
If anyone has any advice on how to proceed from here that would be greatly appreciated!

The update for my partner and I isn’t good news. In the beginning of March  we received notice that his I-130 and I-485 were both denied and his EAD was to be withdrawn and discontinued 18 days from the letter received date. The confusing part about this was the letter said the petitioner had requested that the petition be withdrawn on December 21st, 2021. And I had done no such thing. But the letter said the decision was final and the case could not be reopened. We followed up with our congressman’s office and they responded about how it was confirmed by USCIS but they would be telling them it was an error on their part.

March 30th 2023 my partner returned to Australia.  So even if we got the case reopened he has been banned for overstaying 700 and some days for 10 years and the case would be closed any way. We’re a bit hopeless at the moment. 

On 10/24/2022 at 11:59 AM, LJVotolato said:

I filed in December 2021 and I haven't heard back either. It says it's still processing. I'm getting quite frustrated because I haven't received 485 let alone the work OR travel permit. It seems like it's very random in that some December/January/February filers received it within like 4 months. Does anyone know if there is a logical explanation (because clearly it's not based on chronological order) to this entire approval process?

We spoke to an agent and filed an expedited request on basis of humanitarian reasons and potential money loss from not having a job for so long and just having our daughter and my partner was granted his work permit shortly after biometrics appointment. You could try that! It took about 2-3 weeks. 

On 10/10/2022 at 10:48 AM, vespa12 said:

Has anyone had any luck in getting their combo card or at least their travel permission yet? I was able to get in contact with an agent on the 7th to query about my partner’s case as it’s been a year now since we filed and no word of an interview or anything. And I know it’s just a waiting game at this point but I thought I’d try to see as his mother is quite sick and has not been able to travel to America from Australia to meet her granddaughters for the first time yet. And he misses his family dearly. The agent put in an expedite request but I truly doubt I’ll see anything out of it.

 

the agent did say that I should follow up in two months from now if there hasn’t been an interview scheduled as there hasn’t been a date set yet on his case because the processing time for Indianapolis is “a year and two months” so that gives some timeline for me to follow up in at least. Hope you’re all doing well!!

I just heard back from my state senator. Apparently my partners case qualifies for a waived interview but we haven’t submitted his medical yet. And haven’t been asked to as of yet. So I don’t know if our interview will be waived or not. 

Has anyone had any luck in getting their combo card or at least their travel permission yet? I was able to get in contact with an agent on the 7th to query about my partner’s case as it’s been a year now since we filed and no word of an interview or anything. And I know it’s just a waiting game at this point but I thought I’d try to see as his mother is quite sick and has not been able to travel to America from Australia to meet her granddaughters for the first time yet. And he misses his family dearly. The agent put in an expedite request but I truly doubt I’ll see anything out of it.

the agent did say that I should follow up in two months from now if there hasn’t been an interview scheduled as there hasn’t been a date set yet on his case because the processing time for Indianapolis is “a year and two months” so that gives some timeline for me to follow up in at least. Hope you’re all doing well!!

On 1/21/2022 at 2:23 PM, vespa12 said:

Update:

12/23/21 - received notice about biometrics appointment scheduled for January 18th at 3pm at Cincinnati field office

 

1/18/22 - drove to Cincinnati for the day and partner completed his biometrics appointment. Took about 20 minutes and they let him in 15 minutes early. Case status updated about 45 minutes after he was done to “case is being actively reviewed”

I checked my informed delivery for USPS today and it says my partner has mail from USCIS. I checked the online portal and it doesn’t have anything for mail that they’ve sent out. Has anyone else received mail before the online portal updates? I’m hoping it’s scheduling for an interview. 

On 2/8/2022 at 10:06 PM, vespa12 said:

February 8th, 2022 - Was notified my partner’s work and travel authorization card was ordered to be produced. 

February 15, 2022 - Partner received his work authorization card in the mail. 
 

I am confused though, we filed for a combo card and they closed out his i-765 case online as complete but the I-131 is still pending. The card says the category is C09 and I thought I remembered something saying that means it’s a combo card but I don’t think this one is. 
 

We called and put in an expedite request a couple weeks ago and never heard back anything so last week we called again and the woman we talked with said they looked over our request and said they reached a decision but they never put the decision in anywhere or sent a response so she had to put a new one in for us and the next day we received notice the card was being produced. 

should I call and ask if there was a mistake or just leave it?

On 1/21/2022 at 2:40 PM, vespa12 said:

Sorry for the double post but I had a question on taxes if anyone could help. 
I am trying to get everything put in for filing my tax return and I was going to file jointly but Angus hasn’t received a social security number yet and I can’t file jointly if he doesn’t have one. I tried contacting the SSA but they told me to call USCIS and I can’t get anyone on the line there so I don’t exactly know what to do.  

February 8th, 2022 - Was notified my partner’s work and travel authorization card was ordered to be produced. 

Sorry for the double post but I had a question on taxes if anyone could help. 
I am trying to get everything put in for filing my tax return and I was going to file jointly but Angus hasn’t received a social security number yet and I can’t file jointly if he doesn’t have one. I tried contacting the SSA but they told me to call USCIS and I can’t get anyone on the line there so I don’t exactly know what to do.  

On 11/15/2021 at 11:32 PM, vespa12 said:

11/15 - Just checked online account. Looks like a request for evidence was sent out today. My father is acting as joint sponsor with me for my partner as I left my job because of how unwell I was while pregnant. They need proof of his citizenship status, so we’ll need his birth certificate to submit. 
I plan to submit it through the online account tomorrow morning and hoping that it will just move forward from there quickly and no more bumps but it’s something at least. 🤞🏻

Update:

12/23/21 - received notice about biometrics appointment scheduled for January 18th at 3pm at Cincinnati field office

1/18/22 - drove to Cincinnati for the day and partner completed his biometrics appointment. Took about 20 minutes and they let him in 15 minutes early. Case status updated about 45 minutes after he was done to “case is being actively reviewed”

12 minutes ago, Sarge2155 said:

No there is no specific order!

Thank you! 
I apologize, we left the lawyer we were using for this after we realized things were a bit sketchy and we’ve been doing this alone since replying to the RFE and I didn’t know if we did it correctly and something was wrong since getting that notice. 

I have a quick question! 
Are you supposed to receive a biometrics appointment notification before receiving the I-693 deficiency notice? 
We just checked my husband’s account and it looks like the notice was sent on the 1st but he hasn’t received a bio appointment yet.  

On 10/21/2021 at 10:13 PM, vespa12 said:

Marriage based AOS

October 10th, 2021 - overnighted package I-485 I-130 I-131 I-765

October 11th - received at Chicago Lockbox

October 13th - Congresswoman notified me that husband’s case was accepted the day before and was on its way to NBC and gave me all the receipt numbers for the package in her email

October 14th - Online Account notices and information were sent

October 18th - received all the notices for I-485 I-130 I-131 I-765 in the mail 

October 21st - received the online account access codes and set up information in the mail. 
 

Upon signing up all the case statuses say the same “Case Was Received And A Receipt Notice Was Sent” dated to October 11th. Hoping biometrics comes soon 🤞🏻

 

11/15 - Just checked online account. Looks like a request for evidence was sent out today. My father is acting as joint sponsor with me for my partner as I left my job because of how unwell I was while pregnant. They need proof of his citizenship status, so we’ll need his birth certificate to submit. 
I plan to submit it through the online account tomorrow morning and hoping that it will just move forward from there quickly and no more bumps but it’s something at least. 🤞🏻

Marriage based AOS

October 10th, 2021 - overnighted package I-485 I-130 I-131 I-765

October 11th - received at Chicago Lockbox

October 13th - Congresswoman notified me that husband’s case was accepted the day before and was on its way to NBC and gave me all the receipt numbers for the package in her email

October 14th - Online Account notices and information were sent

October 18th - received all the notices for I-485 I-130 I-131 I-765 in the mail 

October 21st - received the online account access codes and set up information in the mail. 
 

Upon signing up all the case statuses say the same “Case Was Received And A Receipt Notice Was Sent” dated to October 11th. Hoping biometrics comes soon 🤞🏻

53 minutes ago, Timona said:

Others have handled everything else, my only question is, since you guys just met for the first time in November 2020, is the child his? You say you gave birth in February 2021. That timeline does not add up. Or did you write the wrong date? Because if not, you may face a little scrutiny.

Sorry for the misunderstanding. Let me clarify. 
We met in person November 21st 2020. 
Found out I was pregnant December 25th 2020

Married February 9th 2021

Had Clio August 19th 2021 at 38 weeks pregnant

and yes I am positive she is his child.

sorry if I was confusing 😁

14 minutes ago, Paul & Mary said:

You are the one signing the petition.  If it is not accurate or complete then that is ultimately on you.  Yes your attorney is incompetent but you had plenty of time to find another one or just submit it yourself.    This is a DIY site and there are plenty of horror stories with attorneys and services screwing over clients.

We filled out questionnaire paperwork sent to us by the attorney online and she said she would use the information we put into the questionnaires to fill in the paperwork to send in. She only sent us the pages we needed to have signatures on electronically and we signed them and faxed them back. We thought that since we filled out all the information it would all be filled in correctly.
 

Yes in hindsight I should’ve asked after the first rejection notice to look over the papers that were sent In but when I was told that they had sent them to the Chicago lockbox the first time was literally 5 hours after I gave birth (7 weeks ago) and I have been juggling a 2 year old and a new born since then with postpartum depression and I have not exactly been thinking logically.

1 hour ago, Misscloud said:

since you have to sign the form, did you look on the address field? do you think its wrong?

it happened to my case as well, but when my attorney send it to me, i saw couple mistakes ( i read it at least 3 times) so i told her to send the correct one and send it to me before i sign and send it back to my attorney

I just got notice from the congresswoman this morning that the package was accepted yesterday and she provided me with all the receipt numbers for each form and that his case is now being transferred to the National Benefits Center for review. Her director of constituent services said that he will wait a couple of weeks to make an inquiry until it arrives at the NBC and will let me know when he has another update on my husband’s case. That’s progress I guess 🤷🏻‍♀️

5 minutes ago, Jorgedig said:

I have never heard of the lockbox/USCIS rejecting forms that are correctly filed.  If they were correctly filed and rejected, I guess the congress person can help.

 

If they were incorrectly filed and correctly rejected, they cannot help with that and it is honestly just wasting their time.

Well I guess if it’s wasting their time then he would’ve let me know instead of bothering to follow through with it after talking with me and knowing all of the details.

5 minutes ago, Allaboutwaiting said:

If the forms were returned, there's no receipt/case number. 

Do you know of a form I-944?

9 minutes ago, Jorgedig said:

You need to thoroughly research and read the guides here on VJ.  That is unbelievable.

 

Even if you had a good attorney, they cannot do anything about "little evidence" of a relationship.  They basically assemble and send packets.  The rest is always up to the petitioner/applicant.

 

And what do you hope the congress person can do for you?  They can help by making an inquiry to a federal agency when a process is taking beyond stated processing times.  That's it.  They can't help with your choice of lawyer or that person's mistakes.

I truly don’t know. I just reached out. Someone at her office that handles immigration matters said he was going to inquire about what was going on to have them denied so many times and find a receipt number for my most recent filing because my attorney never shares them with me.

7 minutes ago, Allaboutwaiting said:

She totally must give you what you paid her plus the money for the forms! It is clear she's not just incompetent but clueless. 

The checks are not cashed if the forms are rejected; hope you're not paying every time she's tried to refile.

I just read over the agreement I signed at the beginning of our services with her and apparently my flat fee with her $2500 is nonrefundable. And there may be accrued interest for time spent that I’m not aware of for resending the packages and FedExing them again and again and having their paralegal and assistants go over the packages if I’m reading the agreement correctly. So it’s seeming kind of scammy like they’re messing up on purpose so they can accrue time spent money or something. Idk. Maybe im reading into it but it seems like I’m going to be spending more money than I originally thought. 
i also thought it was weird when she said file online and through mail? I thought maybe I heard her wrong because I don’t know why you would file twice. Especially because she seemed against filing online because “it loses the full picture of your story”

3 minutes ago, Allaboutwaiting said:

First of all, you didn't need an attorney. Second, that attorney you got is BAD. Any decent immigration attorney would know that USCIS would never accept a flash drive. Having your package rejected 3 times is unacceptable. 

 

So, fire her and do it yourself following the guides in the forum and the instructions for the forms you're filing. 

 

Your husband will have no issue as soon as those forms are accepted.

If I fire her can I get my fees I paid her back 😅 and will she give me the money for the forms I need to file back? That was so much money and I can’t afford to just throw it away.
I’ve had such sketchy feelings about her since the beginning and especially since it took so long to get the package together and sent and it was returned but I kept thinking we needed an attorney since we had such little evidence of our relationship. 

A little background for no reason. My husband came to the US at the end of November of 2020 on the VWP from Australia and by Christmas... found out I was pregnant. So we decided to get married and he adjust status after consulting multiple attorneys for advice. This was the first time we had met in person after two years of an online relationship and naturally we are worried about how our case will be received because of how little evidence we have of a "true" relationship together.

We had to get an attorney on short notice and just went with the first one to take our case that would do it the fastest and by fastest that still meant a super long wait. He was supposed to leave February 18th 2021. We were married February 9th 2021 and we were notified by the attorney that they filed the first package while I was at the hospital having just given birth on August 19th 2021. I don't hear from the attorney again until the day before I receive a rejection notice in the mail for the "address field was not completed" and the entire package that was filed is being returned and had to be refiled. Well my attorney says to me that they have proof that they had three people go over the papers before sending it and everything was correct. So they send it again. I don't hear from her again and then the September 17th I receive another rejection notice for "Address field"  again. But my attorney states that they were sent back the package with it saying a page was missing but it was actually out of order so they were going to resubmit it with a letter to the IO AND a flash drive with a copy of the paperwork on it and the paper package. Then I get another call the other day from my attorney saying that the package was returned again. Because a page was missing again but when it was sent back it was sent back out of order? I have yet to receive the rejection notice in the mail yet so I don't know if it says "Address Field" again but my attorney says that she is going to file online and by mail but online is bad because it "doesn't tell the full story"? and that she called and waited hours to talk to USCIS and see what was going on because she is frustrated and she has heard from other attorney friends that this is happening to their clients as well. Is this happening to anyone else or is this just me and my attorney is making mistakes? My husband is overstaying WAYYYY past and he needs this submitted now. I contacted our local Congresswoman and she is submitting an inquiry on my behalf so we will see what she gets back from the Chicago lockbox on why they keep being returned I guess. Sorry for the long post.