imakhan2

Thank you for your replies and your advise. I will continue to be as diligent as always, and more so.

I'm at a total loss with the I-864/Affidavit of Support for my husband, hoping someone can clue me in... A brief history must be explained here, and forgive me if I get too wordy.

In the 2008 tax year I was $4.00 shy from making 125% poverty guidelines. Count it, FOUR DOLLARS, and that was after holding down 1 FT and 1 PT job. I figured this four dollar deficit would be forgiven on the NVC level, but it all became null and void since action was taken to revoke our I-130 in 2008, on the grounds that our marriage was fraudulent. Subsequently, I proved without doubt that my relationship with my husband is bonafide and the I-130 was reinstated. It took them nearly a year to do so, and by then, the 2008 tax year was finished. Spilled milk, no need to cry about it anymore. Fine.

In 2009 tax year, I held down 1 FT job and the PT job ended halfway thru the year. My disabled son worked PT for part of the year, so I combined our income, submitted the I-864 and my husbands DS-230 to NVC, only to be told I still do not make the required 125%. As of now, I am $2600. under what is required. Even if I file an amended tax return for 2009 on income that was not reported, I would still be about $1450. shy of the 125%.

I have searched for a co-sponsor for months now, and no one is willing nor able to help me. I have been looking for PT work, to no avail. My hours got cut for my FT job beginning last September. My disabled son no longer has his job anymore either. Now the 2009 tax year is nearly ended, and I've run out of options. The 2010 tax year is upon us, and I clearly make far less income now.

Has any of my fellow VJers had their I-864 accepted on the NVC or Consulate level regardless of NOT quite making the income guidelines???

Posting this on VJ is my last real hope for some answers. I just can't believe that all this struggle is for nothing, that $1400 measly dollars will keep me from my loved one like this. Totally sucks.

I think USCIS itself should be put on AP!!

What you should do also is to supply all documents to rebut their claims with the letter to revoke and more so if the lawyer prepared it your husband can get a second interview.

What the attorney and I have done is submitted a response to their claims, including every card and letter I've received from him, emails, all of my cell phone bills over the past 4 years to show all the calls and texts we've made to each other, and I estimated about $1200.00 worth of phone cards I've purchased in the past four years or so (it's less expensive than calling him directly), photos of the two of us when I was with him in Pakistan in 2006, copies of my passport, plus other documents needed.

I pray for the best outcome, InshaAllah. A second interveiw would be a true blessing insha Allah.

Yes it would. I have a friend who had a similar experience to yours. Her husband first filed I129F and that was denied he came back to Guyana and married her a couple of days before me. She kept the Intent to revoke letter and she used that letter to prepare for her I130 interview and provided documents to rebutt what their claims. She got her visa in March this year and is currently with her husband. So if you want to start the process over prepare your second interview based on that letter because all those questions will appear again.

Thank you for your reply. I will do all I can to get this reversed or back on track. It's so unfair.

After many years of waiting and wrangling with USCIS to keep our case on track, they have decided to go ahead and revoke our I-130, and sent me a letter of Intent to Revoke. They think our marriage is a sham for reasons that are baseless and so beyond the realm of our personal characters. I have responded to the letter, and submitted all supporting documents as evidence that my husband and I clearly have an on-going and bonafide marriage for over 5 years, four of which he has been back in his home country awaiting all of this I-130 mess. We have been together for over 8 years now. I was advised by a highly reputable immigration attorney in Seattle that they will likely go ahead and revoke anyway, regardless of my response and the overwhelming evidence I have provided, simply because I have not flown to Pakistan once a year since he has been away. Ridiculous, I know, but the way they have handled our case all throughout has been just that. So I am ready for anything.

I know if they go ahead and revoke, I can reapply for the I-130. Correct?? I understand that they have this current I-130 mess to refer back to when that time comes, so I'm wondering what are the chances that they are going to use their own mistakes and mishandling of our case against us the second time around?? Along with the intent to revoke the I-130, they've gone ahead and granted us the opportunity to apply again for the I-129F simply because it expired and they've chosen not to revalidate it. How nice of them. This I-129F visa interveiw my husband had in Islamabad is what got us into this jam in the first place, but honestly, the opportunity to reapply again for the I-129F is sitting in my back pocket for now, just in case.

We are so angry and so besides ourselves on this, and we are not taking this lying down. Has anyone ever gone through this part of the process?

We just want to start over again with a clean slate if/when the opportunity presents itself. My husband and I are in our 40's now. We just want to grow old together and just be happy for once.

If anyone can respond or advise, we'd truly appreciate it. Has anyone here ever gone through this, or anything close to it? If so, what was the outcome for you????

WOW!! What heartbreak!

But, just one thing to consider... after attempts on a resolution to your marriage, etc, and if your USC spouse is still intent on a divorce, you may want to consider that you ARE NOT the "petitioner" in filing for a divorce. The Petitioner is the party who is seeking the divorce, and is who files the paperwork accordingly.

My first concern would be that if you are actually the Petitioner of a divorce, then it appears that you are guilty of marrying a USC just to get that GC, conditional or otherwise, and it would likely go against you if your (possible) divorce ever becomes an issue in the future.

That's just my take on it. Protect yourself as best you can as it hurts enough already. Best wishes to you.

I've spent alot of time here in VJ scouring posts trying to find answers that will help me on our case. Our Timeline is so completely messed up thanks to USCIS that I can no longer make heads or tails of it anymore. Trying to find a way to light a fire under their A$$ES to get it all on track again. They don't listen, I keep getting the runaround, and I was told by the CS recently that our case is "in limbo". What the HECK?? Not being told anything new, right?

Anyway, I met with our attorney two weeks ago for the millionth time. Almost every time I'm there I have to reiterate our case to whomever he pawns me off to, paralegals, assistants, co-attorneys...the receptionist. We had filed our I-130 petition through him WWWWAAAAAYYYYY back in January 2005. My husband opted to keep him, as he was already his representative from his asylum case since 1999. Logical, right? My husband's asylum and appeals were all denied by March 2005. I wanted to find a new attorney to cover our I-130 after that. I had poured through his case and discovered that all this attorney ever did throughout this time was make court appearances on behalf of my husband and ask for extentions half the time for a later court date, therefore it was drawn out for all those years, unbelievably, not to mention all the money drawn from his bank acct. for nothing being done. The other extentions were made by the 9th Circut of Court Appeals.

I asked about this to the attorney, and his response was, "Well, if it hadn't gone that way, then you would've never had a chance to meet your husband and get married to him, so you should be grateful." #######?? "So where the hell is my husband now?!" I countered. He had been gone over two years at that point.

He had 'voluntarily' left the USA for his home country of Pakistan in May 2005 on the advise of this attorney, fearing that he would be deported, etc., which would most definitely have blown us out of the water regarding the I-130. Sound advise, but we've been waiting ever since.

A few things have caused me to hang on to this attorney regardless; ONE is that my husband and I assumed this ordeal would be over soon, but it's not (four years this January), TWO is that if USCIS starts screwing up our case (which they actually did), then at least we have an attorney to help us sort out the mess (which he has not). THREE is the cost. This guy is paid in full, and I can't afford a new attorney.

I've called his office numerous times over the past 2 months asking for a copy of our I-130 so that I can sort through it and be sure I have exactly the same correspondence that he has, but I've yet to get that in the mail from him. I also have been considering getting rid of him for a long time, but have been too scared to.

In April 2008, I attempted to file the Affid of Support for the I-130 through the attorney, requested by the NVC back in November 2007. The paralegal working with me on it attempted to submit it in April but during an inquiry to NVC she found out that our I-130 was sent to CSC and didn't know when or why it was there. Shortly after, USCIS sent me a letter stating that our I-129F and I-130 are being "reviewed" at the CSC and will let us know when they are finished. The paralegal said she didn't want to submit the AOS to the NVC when they don't even have the file in their possession, so we must wait until they make their decision.

STILL WAITING SINCE MAY 7, 2008....

So, like I said, two weeks ago, I met with the attorney and he strategized that if we send the AOS to NVC then it would force CSC to finish their "review" because the NVC would want the I-130 back to continue the process (assuming that the I-130 isn't denied by CSC). He said he would send me a letter once the AOS has been submitted. Still waiting for that letter.

Called the attorney this morning and asked if the AOS was sent in yet. The receptionist stated that the AOS requested by the NVC doesn't "expire", so not to worry. Instead of a simple yes or no, she raised a new question for me.

So, my question is this, DOES THE REQUEST FOR THE AOS "EXPIRE"? I swear that it does 1 YEAR after the NVC requests it. The fees have already been paid. If it does, then it will expire this November.

Also, HOW DOES ONE GO ABOUT FIRING THEIR ATTORNEY? I can't even seem to get a simple copy of the I-130 from him so I can at least take it to someone else. I do have my own, but I want to know what more or less he has in our file exactly.

Believe me, it's all such a mess that having legal representation is imperative for our circumstance. We were able to look ahead on that because of my husband's old asylum case. It's safe to say that we already saw the red flag before USCIS even did, so we do need the legal help. As far as the cost...I'm at a loss. Should I really fire him??

Thank you thank you THANK YOU in advance to anyone who responds to this. Sorry my post is so long winded, but this whole ordeal has me freaked.

~Amina

Live and die in Pakistan?? No Way!

Congrats, Nesssie!

See, you are clicking along smoothly on your journey! My prayers are with you and your loved one that you are reunited very soon.

I wish I had something more to offer toward your question but you know our particular case is well out of the norm. (HEAVY SIGH...)

You're in good company here, so don't worry about the nit-picking.

Your question is a valid one, so is there anyone else here who can offer a reasonable answer??

All my best!

~Amina

As a natural born citizen of the US, I am proud to be an American. I never intended on falling in love with a foreigner and marrying him, nor did I have any clue about this entirely absurd process of being reunited with him. Would I do it over again? YOU BET!! I love my husband beyond the end of time!

What I WOULD do differently is prepare myself and educate myself about the freakish intricacies of the immigration process. This whole ordeal is so consuming that I've looked into a career in Immigration Law, no doubt something I wanna sink my teeth into and tear it apart from the inside-out! I want to someday advocate for poor suckers like myself who are caught unawares, but I am no dynamo.

And then there's all this talk about "Immigration Reform" and the hidden realities of it. Some ppl actually believe that if they just erect a fence that it fixes the issue, (maniacal laughter now). It's the INTERNAL problems that need to be fixed, such as processing times and background checks, customer service and our "right to know" what is truly happening with our particular cases, etc, without being forced into the mud and literally blinding us of the fact that THEY are systematically denying their own protocol and proceedures. There are too many agencies involved in the immigration process, too many hands stirring the pot, so to speak, and not a single one of them knows what the other is doing. Why is it any wonder that ppl enter here illegally? No one desires to put up with that kind of bureaucratic B.S., US citizen or not.

Personally, it has crossed my mind that it is unfair that those with enough cash and workforce potential are swifted through the gates, while the rest of us ache for our loved ones sometimes for years. Whatever happened to this "Family Unity Act" that was signed by Prez Clinton a few years back? In my experience, it's not been implemented one iota for me, no matter how many times I've tried to play that card with immigration. It's very exasperating, and I feel that my rights are flat-out ignored.

Preference should come in the order received. Granted, our case could be a bit more complicated than others, but its unfair to shove us to the bottom of the pile because of that. Hire more officers, for cryin-out-loud!

The stupid "fence" idea... hah ha... It's true what you say man, they talk about immigration reform as if illegal immigration is the root of "illegal immigration". The root of illegal immigration is that its near impossible to get here legally when you are an immediate relative of a US Citizen so why NOT, why NOT jump the border, why NOT come on YOLA, what's the worst that happens? They deny you on the spot.. instead of making you pay in excess of $500, waiting ofr 8-12 months for a decision, only for them to deny you at the end anyway. Same unfair result the way i see it. As far as i'm concerned... if my wife and daughter werent separated by 800 miles of water... i would've found a way for her to be here already legal or not.

If anyone tries to argue any further with this man, their sanity should be questioned. This man is jumping from 'I am natural-born blah blah' to 'I'll get them here whichever'. Very natural born citizeny of you sir...keep it up.

As a natural born citizen of the US, I am proud to be an American. I never intended on falling in love with a foreigner and marrying him, nor did I have any clue about this entirely absurd process of being reunited with him. Would I do it over again? YOU BET!! I love my husband beyond the end of time!

What I WOULD do differently is prepare myself and educate myself about the freakish intricacies of the immigration process. This whole ordeal is so consuming that I've looked into a career in Immigration Law, no doubt something I wanna sink my teeth into and tear it apart from the inside-out! I want to someday advocate for poor suckers like myself who are caught unawares, but I am no dynamo.

And then there's all this talk about "Immigration Reform" and the hidden realities of it. Some ppl actually believe that if they just erect a fence that it fixes the issue, (maniacal laughter now). It's the INTERNAL problems that need to be fixed, such as processing times and background checks, customer service and our "right to know" what is truly happening with our particular cases, etc, without being forced into the mud and literally blinding us of the fact that THEY are systematically denying their own protocol and proceedures. There are too many agencies involved in the immigration process, too many hands stirring the pot, so to speak, and not a single one of them knows what the other is doing. Why is it any wonder that ppl enter here illegally? No one desires to put up with that kind of bureaucratic B.S., US citizen or not.

Personally, it has crossed my mind that it is unfair that those with enough cash and workforce potential are swifted through the gates, while the rest of us ache for our loved ones sometimes for years. Whatever happened to this "Family Unity Act" that was signed by Prez Clinton a few years back? In my experience, it's not been implemented one iota for me, no matter how many times I've tried to play that card with immigration. It's very exasperating, and I feel that my rights are flat-out ignored.

Preference should come in the order received. Granted, our case could be a bit more complicated than others, but its unfair to shove us to the bottom of the pile because of that. Hire more officers, for cryin-out-loud!

Yes, exactly... Fair is processing the cases in the order they are received, no matter where you live, or what type of petition you file.

SKluvSH, "at my cost"... are you insance... At YOUR costs... thousands are waiting while an imaginary line lets some petitioners have an advantage over others just as deserving.

I will go as radical as to say that i think it's bullshit that they have singers, athletes, artists.. all these people that ARENT family come first and all have priority dates in this quarter of 2008. I think NOT 1 of those petitions should even be LOOKED at until the backlog is reduced.

I also think that NATURAL BORN citizens should fall into an entirely separate category and should be processed even faster than others.

mrc1330 - while i completly agree with all u said but i do not agree with the last sentence about NATURAL BORN citizen applications getting priority over NATURALIZED citizens. NATURALIZED citizens have the same rights and share the same responsibilities as a NATURAL BORN.

It is NOT the same... a NATURALIZED could've been naturalized 1 month, 1year or 10 years ago and they deserve the same priviledges that I who was BORN into the "club" been natural a whole 24 years, never been anything else gets treated the same? It's not true for other things in life.

For example, Naturalized's can be deported... can lose citizenship. I can't... I can be convicted of treason and i still wont lose citizenship. Only a natural born can be president, only natural born's can get a US birth certificate.

i bet a natuarlized citizen can answer questions about american history and civics that more than half of NATURAL BORN citizens wudnt have a clue about unless they choose to GOOGLE it..so that 1 month, 1 year or 10 year doesnt make any sense.

we pay as much taxes as you do, so i dont see a reason why ur application wud jump ahead of ours just because u were LUCKY enough to b born in the US!?!?!?!

plus if - "For example, Naturalized's can be deported... can lose citizenship. I can't... I can be convicted of treason and i still wont lose citizenship. Only a natural born can be president, only natural born's can get a US birth certificate." - was ur concern, u must have had a good reason to marry a non-american.

to end this, all i have to say is that I am proud to be American. I sincerely hope that u reunite with ur loved one very soon.

God Bless!

You haven't realized yet how deeply and profoundly screwed up this system truly is. Not just for you, but for anyone and everyone who enters into it. My husband and I have been wrangling with them since January 2005! THEY have messed up our case on every turn, and it doesn't matter what you do or don't do to keep them on track, THEY will eventually do something to plunge you to the depths of this particular quagmire and try to make you drown in it. But keep your nose above the mud as best you can, and be prepared for some incredibly desparate situations that will certainly come your way.

It's admirable that you're charging in and pointing out all their faults, but it's futile and misdirected. Perhaps your energy is best saved for when the true fight comes for you in your right and desire to be with your loved one.

It took them more than two years to render and approval on our I-130, and then another 6 months to send me and/or our attorney the actual letter in the mail!

You think you're upset now, wait until it simply becomes a way of life!

Friend, I can only hope they make a liar out of me, and your journey truly is as swift and effortless as you expect.

Wow! Thank you so much everyone for your support and advise. Rest assured that my sleeves are rolled up and Im already engaged in a few more rounds. I talked to my husband the other night, and its heartbreaking to know from the sound of his voice that his spirit has dimmed so much over the past three years. Now, I believe that since our case was made into such a mess, that my Congress person needs to be involved to help me get it back on track again.

I will keep you posted.

~Amina

I am nearly at my wits end with getting my husband back home to the US from Pakistan. Our case is really quite simple, at least it is to me, but this entire system has utilized every flaw and mistake made imaginable regarding our I-130 and I-129F petitions, and it has caused great suffering in the hearts and lives of us both while we've continued to wait over three long years of being forced apart.

I am happy to have found VisaJourney.com as now I understand that I'm not entirely alone in this dilemma. Or am I? What amazes me most is the sheer swiftness of visas being granted to many of the loved ones in these forums, and the kudos and high-fives given to a certain consulate in Pakistan, when it's been nothing but a nightmare for us. I suppose my husband and I are at the wrong end of this spectrum, but it nonetheless renders me with mixed feelings of hope and despair. Will we ever have our lives back again?

We both feel as though we're being punished for taking the correct steps to getting him home, punished and ignored and tossed around for being honest about our relationship and the life we had/have together. This system is mechanical and indifferent, doesn't follow its own rules, criteria and guidelines, and one hand most certainly doesn't wash the other, so to speak. This entire process has jaded me, I know, but please forgive me for saying it. I know it is the ONLY way to bring my husband home.

Thank you for taking the time to listen, as I have nowhere else to turn. I am new here, and I have no idea what more I can do to change our situation for the better. I've been proactive regarding our case right from the start, have put myself in the face of the system (they all recognize me at the Seattle CIS, as though I practically lived there), and have made incredible efforts to at least force USCIS to keep our case on track. I have even ridden the back of our immigration attorney to ensure he does what we paid him to do, and it has done nothing but make him wary of meeting with me and forces me to meet with one of his paralegals instead. Isn't this incredible? Heaven forbid he should perform his duties according to the fortune he's been paid.

I don't want to give the multitudes of specific details about our ordeal in this post, but I encourage you to ask me questions. Is there anyone else out there going through the same as me? Am I really alone in my circumstance? Any response would be appreciated. I am never one to feel sorry for herself and be such a crybaby, but when is this torment ever going to end?!