DianaP

Hello VJ friends;

I always followed all the laws in the US; the only reason I ended up leaving was by being wrongly legally advised, since my I-751 was denied due to a INS mistake, and I only received an apology letter once I was already in Brazil giving me only 20 days to reinstate my greencard but when I received the letter it was already 60 days past...

Yes they have admitted to losing my I-130 case before, they wrongly sent it to Miami where it got lost on the 7th Floor; records dept. once I contacted the USCIS director s office in WaSHINGTON at 202-272-8000 Mrs. Ruffin located my case and fowarded to VSC after 16 months of wasted time my case started being processed and because of such major error AGAIn on their side they granted us expedited processing which I do not believe it is making any difference on how fast things are going... but thank you so much for sharing your story and very goo dluck to all of us... once again THANKS.

Hi! It's so sad to read stories like yours...

Unfortunatelly I don't have an answer, but I want to wish you BOA SORTE!!!!!

e-migra

Thanks for the note at least... Good luck to all of us in this painful journey.

Before it gets to the NVC, an approved petition goes through a processing center on New Hampshire. Don't ask why. But it may be delayed there. Call once a week, or better yet, since you have an attorney, they should be the ones following up. Sorry this has been such a mess.

Thank you for your reply; my attoorney sadly does not follow up on anything this petition was lost for over 15 months and she did not even follow up at this stage I am not able to afford a new lawyer.... Thank you for your input.

Hello VJ friends;

After almost two painful year of battle with USCIS, after one whole year away from home, and on the birthday of our now big boy 2 years old OUR I-130 was approved on October 24th, 2008.

My question here is for the old timers... What should I expect next, I am anxious and very nervous about going home soon...

A short long brief of my history is that I was a permanent resident of the US for 10 years, being married to an american born, having an american mother, american brothers and an american son did not stop them to put me on deportation procedures on a denial of I-751 filled on 2003 and only answered in dec of 2006. We have all suffered tremendously through this battle.... the cruel separation of my family was unimaginable pain, strain and all the worse life experiences we could possibly face... Now that the I-130 has been approved almost a month a ago I been calling NVC everyday and STILL no record of my petition... So NVC has not recieved anything yet from USCIS is this normal????

When I called the 800 number they told me I should file I-824 so my approved I-130 could be transferred to NVC otherwise since I was living on the US when I filled the I-130 and now I am overseas in Brazil my petition would only seat in VSC until such form is filled and paid $340 for it... In the other hand both my attorney and the USCIS director s office (202-272-8000) they tell me that since I filled an I-129F (which still pending) they are already ware that I am in Brazil therefor no I-864 needs to be filled, further they say the evidence of that is that no interview was conducted in the US therefor no I-864 needs to be filled because the interview will be conducted on Rio de Janeiro....

Let s hear your opnion on it, since I am so HAPPPPPPYYYY it was approved and so LOST of what is going on NOW....

Thanks to all....

Congratulations.... hope not only I=130 approval will follow soon but everything else goes nice, fast and smooth from now on.... Best of luck!

Hi, I'm new to the group and have a serious situation. My wife and I are happily married. We sent in information to remove conditional residency. It was not enough so they requested more. We sent in more but it was 6 days late. We were denied because we did not respond in the "allowable period". They stated we can appeal/motion by within 30 days with a filing FEE OF $585! We don't have that kind of money laying around. We went to our local immigration office in Newark NJ. They took my wife expired permenant residence card. They said we could start the process all over(refile the751) but I'm unsure. Also, I was reading after you get denied they start the deportation process. WE HAVE A SON WE ARE LEGIT THIS IS BULL! Can the group please give me some advice. I'm afraid that I may lose my wife to the powers that be. Or be force to move to D.R. with her and my son(us citizen). I don't want to waste money on refiling if they are going to reject me because we filed already once. Anyone have experience with this?

I am sorry you are going through the same thing I went through.... and even more sorry I only read your post today... But if you check my timeline the worse happened to me because I was misinformed... so if I be of any help to you here is my best advice refile the I-751 include with it 3 affidavits of third parties having their names, address, date and place of birth how they know you and your wife and their testimonial that the marriage is in bona fide, also send a copy of the child in common birth certificate, send copies of health, car, house insurance and whatever else you have that shows both of your names on it please be aware that they do not like to see only recent records they prefer to have records from the time you two met to the latest which is todays... also send them a letter from the US citizen spouse ( which will be notarized as all the affidavits) explaining how you met, dated and married your wife, the same ask her to do it....

Here is the situation while you have an I-751 pending the alien is considered to be lawfully in the US... If you do not do that not only she will automatically go to removal proceedings as I did but she will start accruing unlawful presence from the day of the denial of the I-751 since the cause of denial was a late compliance to a request made by USCIS... This is a very bad scnerario because it can not only play against you both in deportation proceedings but even if she chooses voluntary departure to avoid deportation she would have acquired unlawful presence and therefore would be barred from reentering the country from 3 years ( if her unlawful stay which again it will start counting at the day of the denial letter, is more then 180 days and less then a year ) or 10 years ( if her unlawful stay is over 1 year)....

Now if you have a I-751 pending removal proceedings will continue but she will not accrue unlawful presence then in your hearing that you can call witnesses and bring all the documentation possible that the marriage is in bona fide... hopefully with that the judge grants the approval of the new I-751 ( since the judge will not have the juristication to overwrite the previous deision that is why you will also need a new petition pending)... if she is not favorable then she will grant the alien voluntary leave ( counting that the alien has a clean record) and you will then be able to get her back wuickly through refiling the I-130 and then an I-129F (K3 spousal visa)... which it is definetly not what we want see it happening ... but not the worse case ...

The worse case is for you to simply wait for removal proceedings, and the clock is tickinng each day that passes by works against you.

Be very serious about this and very carefull, a lost my whole life after being there for 12 years and we also have a son together, because we followed wrong advices from inexpirenced attorneys once our I-751 was denied....

Please contact me at anytime if I can assist you with the details foward....

Good luck and god bless

JUST TO HELP OTHERS WHO HAVE BEEN IN MY SITUATION HERE IS WHAT I HAVE FOUND OUT BOTH BY CONSULTING A FEW LAWYERS AND CALLING USCIS HEADQUATERS IN WASHIGNTON:

An alien who have filled the I-751 on time and it has been denied does not accrue unlawful presence between the date of denial and the date of the hearing for removal proceedings.

Further if you choose voluntary departure during your removal proceedings hearing ( which means you weer in removal proceedings, attended the hearing and was granted voluntary departure by the judge) and you leave withing the time stipulated by the judge that you shall leave the three year bar does not apply.

SO FROM WHAT EVERYONE HAS TOLD ME THANK YOU LORD.... I WILL PROBABLY NOT NEED A WAIVER....

Sorry! They're so close, stupid me!

www.visacentral.net

Thank you!!!!

Thank you very much... I have written to the first attorney firm and hopefully I would be able to speak with one of them on Tuesday.... the first link you gave me is visajourney...LOL not an attorney...

I am in real agony with this, even though I have submitted proof of bonafide marriage as they requested... once they suspect something it is so hard to prove otherwise I agree with you...

I have actually also sent in with the latest RFE in reference to that affidavits of my ex-father in law who was also my sponsor on my first green card stating that he saw me dating his son from the time we were in middle school and swears to the bona fide of our marriage... I have followed your advice and I sent my ex hisband an e-mail asking him for an affidavit too ... as you suggested and I agree it can help at this stage.

I thought that if had no bar period on your voluntary leave you did not need a waiver .... Thanks for the clarification and great suggestions...

good luck to all of us in this endless journey...

Thank you so much for your response...

I am not sure if my ex husband would be willing to give me a letter, but I will try since his new wife hates me and he still bitter over the fact that I remarried and have a child now...( he could cheat but always though I would die alone after him...)

I have an attorney but she is very unexperienced and I am not confident at all on her anymore as I found our I never had to choose voluntary leave to start with as she suggested me to do since I had an I-130 pending I could just had stayed in the US.

Well my I-751 was denied in October of 2006 but i was not notified until january of 2007, in february I had an I-130 pending and I only stayed for my court hearing which was in Sept of 2007 and left 5 days after that do you think I would still need a waiver???

THANKS.

PS: We are in deep financial trouble and I am so afraid because we can not afford these expensive lawyers...

I lived on the United States for 12 years, never stayed illegally, never worked illegally. In 2000 I got married to my middle school sweetheart and through him I acquired my first green card, in 2003 we filled jointly for the I-751, a week later I found out he was cheating on me and we got a simplified divorce... The I-751 was pending, for years I would go to the local office in Miami and they would simply stamp my passport I-751 pending which allowed me to work and travel.

By 2004 I was already leaving with a new boyfriend ( also an American born) we had a baby in 2006 and our baby was three months old when I went to the local office to renew my I-751 pending stamp and found out it had been denied and now I was in removal proceedings.

We got married in jan of 2007 in February of 2007 we filled the I-130. We were badly advsied by an unexperienced lawyer. So on my hearing in Sept of 2007 I choose voluntary departure ( since I was in removal proceeding solely because of the denial of the I-751 which was denied on the basis that I was in divorce process when I filled jointly with my ex husband even though their assumption was not true all I knew to do was to write them a letter together with an affidavit from our family therapist stating that only after we filled the thought of a divorce arose... still was an invalid shot). I have a perfect clean record and there is no bar period on my voluntary leave since I complied with the order promptly after the hearing.

I have now been in Brazil for a year with our son waiting impantiently for the adjutication of our I-130 and or I-129F whichever comes first.

We recently complied with an RFE for the I-130 in which they requested proof that my previous marriage did not infringe with USCIS laws... ( I sent them a 5lbs FedEx package with all the proof you could possibly imagine from affidavits, to joint accounts, income taxes, weddings albuns and pictures etc... for both of my marriages ).

Would I need a waiver once in the interview stages??? Even though I have no bar period on my voluntary departure and have not been ever denied entry or any source of visas????

Could they deny my I-130 solely based on my previous choice of voluntary departure? ( even though I proved a bona fide marriage and complied with the order promptly)

Please share any experience if anyone here have obtained a CR1 or K3 after voluntary departure.

Thank you so much for your help, I am truly desperate to hear others who might have had similar experiences as I am so depressed to be away from home for so long and terribly afraid of the burocracy of USCIS.

i hope things would be better for u..God bless!

\

Thank You... May God bless all of us to be reunited with our loved ones REALLy SOON....

I am so depressed and about to loose hope in this sole called immigration process, after living the United States for 12 years and never spending one sole day illegally... I am being separated from my family due to nothing more than USCIS mistakes and burocracies... I have screamed for help to every possible angle, from senators, congressman, attorney, Washington headquaters and all that you could possibly imagine.

The latest on our case is that we have replied to the most recent RFE (we recived on August 10th) in which they were requesting proof of a bona fide marriage of between me and my ex-husband (since my first green card was acquired through him when I was only 17)... I been divorced from him since 2003 and thanks GOD I was able to gather all the documents they requested and then some since they say that in order to proceed with our I-130 and I-129F that are pending now having as a petitioner my present husband they needed first to make sure my first marriage and divorce did not conflict with USCIS laws... Well they got all the proof in their hand now not only of my previous marriage but of this marriage too as I sent them birth certificate of our son, income taxes, joint property, wedding album, 10 affidavits for each of my marriages by third parties etc...

Now it simply states in the website that they have received the response to the RFE...

Can you please share your experience as of how long did it take once they received the response to the RFE to the day they actually gave a decision in the case????

When I called they said it could take between 30 to 60 days but I have read in forums archives that some it took only a few days, what has been your experience??? Any advice of how I can expedite their snail pace reviweing process... ( our expedite request for the I-129F was approved on June 15th and they have not even touched our I-129F since April of 2008.... But I been seeing touchs on the I-130 with no status change...)

Thank you so much for sharing how long it took for them to finally adjuticate your petition after the response to the RFE.

and if you are already over the NVC processing I would appreciated if you could also share how long it took for your case to be out of NVC

THANKS.

Ours took 10 days....

I have been told by Washigton headquaters of Homeland Security and USCIS that if I-130 and I-129F is approved at the same time, only the I-129F will now be forwarded to NVC unless the petitioner once receiving both approvals hard copies files a special form and pays a fee requesting the I-130 to be transferred to NVC. This is a new procedure since they are considering that to file for a K3 you must had already filled a CR-1 petition so if you file the I-129F you are automatically making the choice of a K3 visa.... you can call 202-272-8000 and verify the details as it seemed a little confusing for me...

Hey Girl.... I been married for 6 years and waiting for my petition to be approved for 17 months now, our son will be 2 years old in October and I have no time to feel depressed I am planning our son birthday party with Daddy in the States... Be hopeful, be positive, keep yourself busy and just think that GOD always knows best... everything will work out and you guys will be reunited forever and ever very soon.... Good Luck!!!

Today when checking my status online I find the following:

Current Status: Response to request for evidence received, and case processing has resumed.

As you can see through my timeline, and other posts... it has been a devastated journey for me and my family... The latest is that they requested evidence of my previous marriage which was 10 years ago and ended in divorce in 2003... They really picked me to be their Christ... but Thanks God I have been able to provide them with everything they requested and then some ... ( Absolute proof of bona fide marriage of my previous marriage which has nothing to do with my petition records as old as 12 years ago and all imaginable docs proving my present marriage...)

Now here is my question my case is in VSC, they have received all they requested, it says processing resumed... Any idea from those who have gone through this on how long will it take for them to send out an approval notice???? How would I first know it was approved??? would they immediately update the website or do I have to wait for snail mail (USPS)???

I have been informed that even though the RFE was for the I-130 since I filled the I-129F I automatically go under a K3 visa is that true??? Can I choose to get the CR-1 once both petition is approved and if so how would I do that and how long will delay things???

THANK YOU THANK YOU THANK YOU so much for helping me out by sharing your experiences

PS: I-130 Filled on February of 2007

I-129F filled on April 2008

I-129F Expedite Request Approved on June 15th 2008

There has been no touchs on my I-129F since April of 2008, now the I-130 last touch was today.

[Your story is heart touching and I am sad for you. I will keep you in my prayers in hopes that this rocky road your on will soon become smooth so you can enjoy your journey in life with your husband.

Thank you... I apprecite keeping me in your prayers ... I am sure God has its plan for each of us and I am absolutely positive that I will be home for Christmas even though there is no confirmation from USCIS my faith still strong... Thanks...

Hello VJ friends;

Here is a long story that I hope by posting in VJ I can help someone in the future to avoid the mistakes that I did...

In 1998 at the age of 16 I was already leaving in the US under a HB2 visa ( as my mother had HB1, working visa)... I met and felt in love with a handsome american man he was 21, we dated for a couple of years got engaged and then married, our relationship was witnessed by many friends and we became parts of each others family... We had a gorgeous wedding ceremony with 150 guests, ... We had a hppy married life, he filled the whole I-485 includinh the I-130 package and I received my first green card in the year 2000 ( temporary residency as we had less than two years of marriage the card would expire in 2003)

I thought I was the happiest and luckiest woman in Earth, in June of 2003 ( 3 months before my green card expired we jointly filled the I-751 as it is required), in early July of 2003 I uncovered an affair he was having with a co-worker devastated I kicked him out of the house (since it was my apartment where we lived together) but I still loved him and as a last try before we actually filled for divorce we seeked marriage counseling, in late July we got divorced by a simplified disolution of marriage ( which in FL is the quickest and cheapest way to get divorced as it only takes 7 days)

I mailed USCIS a letter explaining what had happened with a copy of my final divorce decree.

In 2004 I started dating Luis, a new friend I had met at work, we dated for year before we moved in together and had our own company... we traveled through Europe several times through our relationship... ( and every year as my I-751 was pending and I had never heard back from USCIS I would go to my local USCIS office, Miami, to inquiry about what was going on... they would tell me not to worry everything was fine and stamp my passaport I-751 pending authrorized for work and travel) In 2006 I got pregnant by Luis, in October of 2006 our son was born in Miami, in January 2007 Luis and I got married... A month after we got married I was served with a Notice to Appear in front of a Homeland Security Judge...

Having no clue what that was about I seeked an immigration lawyer, after speaking with several , Luis and I chose the one we felt more onfortable with... Well she informed us that my I-751 was denied and they said because my divorce was never finalized.... ( which was not true since I got divorced in 2003 and mailed them a copy of the divorce decree right after that)... But the way they analyzed was that in June when I jointly filled the I-751 with my first husband we were already planning to get divorced in July and would be of absolutly no use for me to explain to them that only once I uncovered his affair in July that option arose for the first time in my mind... so my only option here was for Luis to file a new I-130 for me.

Luis ( my present husband and father of my son) filled the I-130 back in February of 2007 it was sent to the CSV which they transfered to Miami (our local office) whom transfered to VSC ( where it is still pending today)

In Spetember of 2007 in front of the homeland security judge even though we had an I-130 pending I was only presented with the options of being deported or choosing volutanrily leave with no bam period, which obviously between the two I choose voluntarily leave and left to Brazil with our baby son as Luis had to now stay behind (in Miami) and work his butt off in order to support me and our son in Brazil as well as maintain all financial obligations in the States with a sole income ( when I was the majoritarian of the income provider in our house)...

Not being enough he (my husband Luis) felt into a severe depression as the months passed by and he missed out on our son s first word, first steps etc... Making even more difficult to maintain a job and finally loosing our house for foreclosure.

We constantly called USCIS, Senators, COngressmans , had attorneys and everything possible and imaginable to inquiry about our petition.

Due to our emergent circunstances they approved an expedite request for the I-130 on January 2008...

Well only today, still no news as of when our family will be reunited...

My husband now just received an RFE requesting proof that my prior relationship and marriage ( with that guy I met TEN 10 YEARS AGO and being divorced for over 5 FIVE WHOLE YEARS) ... they send a request of two pages of evidence from affidavits to joint property, joint this and that... Well I gathered as much as I could but it is just obvious that I could not have it all in that list as we were very young and did not own anything together first of all, we were completed broke and further not even the IRS had records of that long ago as they only keep records for 6 years... Allstate only keeps for 5 years and Sprint got sold out to ATT who no longer keeps residencial phone records for SPrint old customers.... Other than all of that it is just common sense and logical that I did not carry memorobilia of my ex husband while I am now remarried and ALSO I have moved to a different country ( moving costs internationally are very expensive I had to consolidate everything to avoid going bankrupt and therefore threw away all cards, love letters and any old junk...) Well all I could get my hands on is 10 affidavits of people who knew us and attended our wedding, Affidavit of the pastor of the church we frequented and the minister who married us, affidavit of the marriage counselor I saw with my husband before divorcing him, condominium bill in both of our names, 3 years of income taxes filled jointly, TONS of pictures with each others families, weddings pics, when we dated, when we travelled etc...

NOW consider yourself very lucky to be waiting a few months for an approval of your petition... Lets raise your hands and thank God that none of this has ever happened to you...

My family is torn apart for almost a year now, because USCIS made the wrong assumptions and in error denied my I-751 ( which is a type of petition which a decision that can not be contested) , now for God s sake after 10 years they ask me for proof of my relationship with a man I divorced 5 years ago and has nothing to do with the I-130 we (my family) is waiting for now since February of 2007.

Their excuse is that before adjuticating this petition they need to make sure my first marriage did not infringe with USCIS laws... HELLO was that not done before they granted my first green card....

BEST OF LUCK TO ALL OF US.... I am not giving up, I may have been a victim of this stupid system, but I am still very hopeful and confident that all will be sorted out and they will soon recognize their mistake and reunite our family soon.

BEST ADVICE FROM THIS STORY:

If you have a petition pending never leave the US ( if are in removal proceedings and have a petition pending you can request a rescheduling of your appearance until your petition is adjuticated) ---- I did not know this until recently.

Be persistent, be courageous, be always honest, NEVER hide or lie to USCIS and everything will eventually work out... ( See even though it is after 10 years I still can prove my first marriage was of bona fide and it will match all the info I gave them 8 years ago).

PS: I do not have any family in Brazil as I left as a child and my mother and brothers are american citizens today and live in MIAMI, so even though I am alone here with our american son, I have lost my house, I have lost a whole year, and have suffered tremendous pain I trust that God is by my side and soon all the truth will smack this morons in the face and I will be back home with my family really soon... I actually already sent my move back to Miami ( Faith is the conviction of things that can not be seeing) ... Keep your faith and patience ... all will eventually work out for all of us.

Thank you for reading and sorry it is so long....

Hello VJ friends;

Here is a long story that I hope by posting in VJ I can help someone in the future to avoid the mistakes that I did...

In 1998 at the age of 16 I was already leaving in the US under a HB2 visa ( as my mother had HB1, working visa)... I met and felt in love with a handsome american man he was 21, we dated for a couple of years got engaged and then married, our relationship was witnessed by many friends and we became parts of each others family... We had a gorgeous wedding ceremony with 150 guests, ... We had a hppy married life, he filled the whole I-485 includinh the I-130 package and I received my first green card in the year 2000 ( temporary residency as we had less than two years of marriage the card would expire in 2003)

I thought I was the happiest and luckiest woman in Earth, in June of 2003 ( 3 months before my green card expired we jointly filled the I-751 as it is required), in early July of 2003 I uncovered an affair he was having with a co-worker devastated I kicked him out of the house (since it was my apartment where we lived together) but I still loved him and as a last try before we actually filled for divorce we seeked marriage counseling, in late July we got divorced by a simplified disolution of marriage ( which in FL is the quickest and cheapest way to get divorced as it only takes 7 days)

I mailed USCIS a letter explaining what had happened with a copy of my final divorce decree.

In 2004 I started dating Luis, a new friend I had met at work, we dated for year before we moved in together and had our own company... we traveled through Europe several times through our relationship... ( and every year as my I-751 was pending and I had never heard back from USCIS I would go to my local USCIS office, Miami, to inquiry about what was going on... they would tell me not to worry everything was fine and stamp my passaport I-751 pending authrorized for work and travel) In 2006 I got pregnant by Luis, in October of 2006 our son was born in Miami, in January 2007 Luis and I got married... A month after we got married I was served with a Notice to Appear in front of a Homeland Security Judge...

Having no clue what that was about I seeked an immigration lawyer, after speaking with several , Luis and I chose the one we felt more onfortable with... Well she informed us that my I-751 was denied and they said because my divorce was never finalized.... ( which was not true since I got divorced in 2003 and mailed them a copy of the divorce decree right after that)... But the way they analyzed was that in June when I jointly filled the I-751 with my first husband we were already planning to get divorced in July and would be of absolutly no use for me to explain to them that only once I uncovered his affair in July that option arose for the first time in my mind... so my only option here was for Luis to file a new I-130 for me.

Luis ( my present husband and father of my son) filled the I-130 back in February of 2007 it was sent to the CSV which they transfered to Miami (our local office) whom transfered to VSC ( where it is still pending today)

In Spetember of 2007 in front of the homeland security judge even though we had an I-130 pending I was only presented with the options of being deported or choosing volutanrily leave with no bam period, which obviously between the two I choose voluntarily leave and left to Brazil with our baby son as Luis had to now stay behind (in Miami) and work his butt off in order to support me and our son in Brazil as well as maintain all financial obligations in the States with a sole income ( when I was the majoritarian of the income provider in our house)...

Not being enough he (my husband Luis) felt into a severe depression as the months passed by and he missed out on our son s first word, first steps etc... Making even more difficult to maintain a job and finally loosing our house for foreclosure.

We constantly called USCIS, Senators, COngressmans , had attorneys and everything possible and imaginable to inquiry about our petition.

Due to our emergent circunstances they approved an expedite request for the I-130 on January 2008...

Well only today, still no news as of when our family will be reunited...

My husband now just received an RFE requesting proof that my prior relationship and marriage ( with that guy I met TEN 10 YEARS AGO and being divorced for over 5 FIVE WHOLE YEARS) ... they send a request of two pages of evidence from affidavits to joint property, joint this and that... Well I gathered as much as I could but it is just obvious that I could not have it all in that list as we were very young and did not own anything together first of all, we were completed broke and further not even the IRS had records of that long ago as they only keep records for 6 years... Allstate only keeps for 5 years and Sprint got sold out to ATT who no longer keeps residencial phone records for SPrint old customers.... Other than all of that it is just common sense and logical that I did not carry memorobilia of my ex husband while I am now remarried and ALSO I have moved to a different country ( moving costs internationally are very expensive I had to consolidate everything to avoid going bankrupt and therefore threw away all cards, love letters and any old junk...) Well all I could get my hands on is 10 affidavits of people who knew us and attended our wedding, Affidavit of the pastor of the church we frequented and the minister who married us, affidavit of the marriage counselor I saw with my husband before divorcing him, condominium bill in both of our names, 3 years of income taxes filled jointly, TONS of pictures with each others families, weddings pics, when we dated, when we travelled etc...

NOW consider yourself very lucky to be waiting a few months for an approval of your petition... Lets raise your hands and thank God that none of this has ever happened to you...

My family is torn apart for almost a year now, because USCIS made the wrong assumptions and in error denied my I-751 ( which is a type of petition which a decision that can not be contested) , now for God s sake after 10 years they ask me for proof of my relationship with a man I divorced 5 years ago and has nothing to do with the I-130 we (my family) is waiting for now since February of 2007.

Their excuse is that before adjuticating this petition they need to make sure my first marriage did not infringe with USCIS laws... HELLO was that not done before they granted my first green card....

BEST OF LUCK TO ALL OF US.... I am not giving up, I may have been a victim of this stupid system, but I am still very hopeful and confident that all will be sorted out and they will soon recognize their mistake and reunite our family soon.

BEST ADVICE FROM THIS STORY:

If you have a petition pending never leave the US ( if are in removal proceedings and have a petition pending you can request a rescheduling of your appearance until your petition is adjuticated) ---- I did not know this until recently.

Be persistent, be courageous, be always honest, NEVER hide or lie to USCIS and everything will eventually work out... ( See even though it is after 10 years I still can prove my first marriage was of bona fide and it will match all the info I gave them 8 years ago).

Thank you for reading and sorry it is so long....

Tell your husband to call back the main line is 202 272 8000 and be persistent about it after all they are not doing him any favors, they work for him since its through his tax money that they get paid... Be dramatic, be strong and at the same time tell your hubby to be kind... THEY HAVE TO HELP YOU... It took us a while now when we call we ( my husband and I) are known by all the attendants in a first name basis, we got everyone s e-mails and extensions, we bug the hell out of them... ( especially since our case is really completed since I chose voluntarily leave due to a denial of a previous marriage related I-751 denial...) At first it is too easy for them to say sorry but there is nothing I can do... Well dont ask them what they can do but tell them what you need them to do, if one person says no, then try again you have the headquaters people like Mrs. Ruffin (supervisor of headquaters office in Washigton DC) or Mrs Carla Martino that are helpful, kind and nice all it takes is persistency and tons of patience to convience them to help you immediately... ( they even call me out of the country to update on what is going on and what I should do) ... I certantly think is your husband s right to demand a better service from USCIS and it is their obligation to extend themselves in giving you the most accurate answers... It is a long and exauting battle, but hey... we are all strong and ready to have a good fight to be our spouses.... Best of luck to you

Thanks for your prayers and good wishes to all of us, and I am sure things will work out for the best for you very soon... It is a blessing to always remember that even the worse happens for the best of those who loves God... It is an excrutiating snale paced process but at the end we will all rejoice next to our spouses... God Bless you and best of luck .

First part of your post confuses me a bit, I-751 has to do with removing conditions on a conditional 2 year green-card.

However you were partly correct about I-130, if adjusting status and filing I-130 AND I-485 you could have stayed in the USA.

And yes, I-864, and DS-230 goes to NVC along with several other items as part of IR-1 or CR-1 visa processing.

SEE: http://travel.state.gov/visa/immigrants/info/info_3190.html

Sorry for the confusion... I was a residency once through my first marriage that is the one that the I-751 was denied since I had filled on 2003 and only in 2007 they responded with a request for further evidence when I was already divorced from my first husband and married to my second husband which is the one that is petitioning the I-130 for me now...

Would I also need these docs at the interview here in brazil???? I am confused because I do not know if he needs to keep the I-864 and his income taxes there or send them to me?

Thanks for your reply

Hello VJ members..

I lived in the united states for 12 years, never stayed illegally... Once my I-751 was denied I choose voluntary leave with no Bam period and left to Brazil in September of 2007 following the bad advice of a lawyer we had used to file for our I-130 in February of 2007 ( because I found out later that since I had made a legal entry and never overstayed I could just have stayed while my I-130 was pending and never had to leave as I did)...

Well at that time I thought I was doing the right thing ,,,, today with the devastation of the separation of our family and seeing my 22 month old son cry for daddy I am in much regret and pain...

My case is in VSC, being adjuticated this week after we have complied with the RFE they sent us last week... we called and verified that they got everything so we should have an answer within two weeks they said...

Once my case goes to NVC I am totally confused of what will happen since I am in Brazil now... The I-864 my husband has sent to me since we thought I would need to present that in the Rio de Janeiro embassy at the interview... with all the required docs... Now I have read that since the petition was filled there (In the US and not through the Embassy) that my husband will have to send the I-864 and DS230 there... What will really be the case???

I have been approved last week for expedite proceedings, and will also seek to get the same approval from NVC so I need to know what will NVC need from my husband so I can send it to him (he is in Miami I am in Brazil, I am the beneficiary), now and avoid wasting more time...

Well it says in the website that if your case was filled by an attorney as ours were we will not need to appoint anyone... so we can skip that step and now what???

Please someone help in knowing the next step once we have a NVC case number what should we do? What will them need from us? and where we will present this, send it to NVC or present at the interview here?

Best regards to all and best of luck to all of us in this agonozing process.

Hello VJ members..

I lived in the united states for 12 years, never stayed illegally... Once my I-751 was denied I choose voluntary leave with no Bam period and left to Brazil in September of 2007 following the bad advice of a lawyer we had used to file for our I-130 in February of 2007 ( because I found out later that since I had made a legal entry and never overstayed I could just have stayed while my I-130 was pending and never had to leave as I did)...

Well at that time I thought I was doing the right thing ,,,, today with the devastation of the separation of our family and seeing my 22 month old son cry for daddy I am in much regret and pain...

My case is in VSC, being adjuticated this week after we have complied with the RFE they sent us last week... we called and verified that they got everything so we should have an answer within two weeks they said...

Once my case goes to NVC I am totally confused of what will happen since I am in Brazil now... The I-864 my husband has sent to me since we thought I would need to present that in the Rio de Janeiro embassy at the interview... with all the required docs... Now I have read that since the petition was filled there (In the US and not through the Embassy) that my husband will have to send the I-864 and DS230 there... What will really be the case???

I have been approved last week for expedite proceedings, and will also seek to get the same approval from NVC so I need to know what will NVC need from my husband so I can send it to him (he is in Miami I am in Brazil, I am the beneficiary), now and avoid wasting more time...

Well it says in the website that if your case was filled by an attorney as ours were we will not need to appoint anyone... so we can skip that step and now what???

Please someone help in knowing the next step once we have a NVC case number what should we do? What will them need from us? and where we will present this, send it to NVC or present at the interview here?

Best regards to all and best of luck to all of us in this agonozing process.