beachboy

I am in deep sympathy with you. If I were in your shoes, I'd call all the major network TV news programs: 60 Minutes, Dateline, 20/20. That's the only way you'll get the right answers and get it done. I wish you well, my friend.

Ive brought this topic to discussion a couple of times, but need to reopen it due to alot of changes. My wife and I have been married for almost 2 years now. We have a beautiful baby girl who is almost 2 years old. We just came back from Peru after waiting there for her K3 visa to be approved. We arrived in the states in December. Her parents and sister also live in the US. She thought because this is a new country that it would be better for her to move closer to her parents, and get adjusted that way. Well that hasnt helped us at all.( Spends all her time with her parents ) Now she wants a divorce. She hasnt adjusted status yet. I try to explain to her if we divorce then she will have to leave. She then says that we should just seperate and adjust her status and then when its approved get divorced. First of all Im not going to do that. Im done throwing money away. My main concern is the kid. I want to get divorced now, but what will happen to the kid. I dont want her to leave! She is my life! If my wife takes her I back to Peru then I know I will never see her. The child has dual nationality. So what are my rights? Can she stay with me? Also when I file for divorce, can I sue her for all the money spent on the petition? Plane tickets etc....

This dissertation is to help others by understanding what we have gone through in this process as well as to seek assistance from others who have traveled down this path.

My wife and I were married in the Philippines almost a year ago. We filed an I130 in August. At the US embassy in Manila, we got lots of confusing, contradictory, conflicting and false information regarding my wife's immigration to the US. I was told that I needed to return to the US in advance of my wife to establish domicile. The sheet I was given cited three immigration statutes, which I later discovered have nothing to do with spouse visas. They are for visitor visas. Also, I don't need to establish or prove domicile. I could do that at that time. Other trips to the embassy netted similar results, which concluded with me returning to the US alone anyway.

USCIS received our I-130 and in December, I was given information that I needed to file I-864, which I did. Then, we learned that my wife needed to file DS-230, which she did. No one ever provided us with instructions, which when found proved to be quite confusing, resulting in at least two mistakes on each form. The corrected forms are now with the NVC in New Hampshire.

A month ago, I received documentation from USCIS that our case was being handled by the California Service Center, although Texas is closer. NVC said that we would be notified within two weeks as to the status, when to expect an interview letter and the rest of the procedure. That was three weeks ago. After I received that documentation, I went to the USCIS site to review the status of our case, and found that the documents they sent to me were returned undeliverable and that in six months they would trash our application and we'd need to start over completely. I called USCIS immediately and was told that the documents were resent successfully. The notice is still on the website.

We are so frustrated at the bureaucracy and confusion. Instead of just the State Dept. overseeing everything, Homeland Security is also involved. This creates confusion, since by their own admission, neither department communicates with each other and neither are familiar with the procedures of the other. Information required is redundant and help is next to non-existent. The websites for both USCIS and NVC are long, confusing and hard to navigate. They ask for suggestions but almost never implement any of them, especially if it involves simplification.

Immigration attorneys are also ignorant. I have discussed this with at least six lawyers and can't get the same answer out of any two of them for the same question. Some say that we need to file I-129 now; others say not to, since it's a fiance visa, not a spouse visa. It's also an extra $400. We've already paid $355, $70 and $400 respectively. When does the money machine stop?!? And when does the bureaucracy stop?!? We still need to pay for the medical exam for her ($213) and the interview ($???). Why does a fiance visa get a woman here in a matter of three or four months, but we have to wait more than a year to get a spouse here? Isn't that backwards?

We really don't know what to expect next, what the timeline is and when we can expect the interview? Any suggestions would be greatly appreciated.

The only attorney that gave me decent answers is Audra Benhe of Los Angeles. She has a blog on the USCIS website. I have met with her and she is pretty straight forward.

This dissertation is to help others by understanding what we have gone through in this process as well as to seek assistance from others who have traveled down this path.

My wife and I were married in the Philippines almost a year ago. We filed an I130 in August. At the US embassy in Manila, we got lots of confusing, contradictory, conflicting and false information regarding my wife's immigration to the US. I was told that I needed to return to the US in advance of my wife to establish domicile. The sheet I was given cited three immigration statutes, which I later discovered have nothing to do with spouse visas. They are for visitor visas. Also, I don't need to establish or prove domicile. I could do that at that time. Other trips to the embassy netted similar results, which concluded with me returning to the US alone anyway.

USCIS received our I-130 and in December, I was given information that I needed to file I-864, which I did. Then, we learned that my wife needed to file DS-230, which she did. No one ever provided us with instructions, which when found proved to be quite confusing, resulting in at least two mistakes on each form. The corrected forms are now with the NVC in New Hampshire.

A month ago, I received documentation from USCIS that our case was being handled by the California Service Center, although Texas is closer. NVC said that we would be notified within two weeks as to the status, when to expect an interview letter and the rest of the procedure. That was three weeks ago. After I received that documentation, I went to the USCIS site to review the status of our case, and found that the documents they sent to me were returned undeliverable and that in six months they would trash our application and we'd need to start over completely. I called USCIS immediately and was told that the documents were resent successfully. The notice is still on the website.

We are so frustrated at the bureaucracy and confusion. Instead of just the State Dept. overseeing everything, Homeland Security is also involved. This creates confusion, since by their own admission, neither department communicates with each other and neither are familiar with the procedures of the other. Information required is redundant and help is next to non-existent. The websites for both USCIS and NVC are long, confusing and hard to navigate. They ask for suggestions but almost never implement any of them, especially if it involves simplification.

Immigration attorneys are also ignorant. I have discussed this with at least six lawyers and can't get the same answer out of any two of them for the same question. Some say that we need to file I-129 now; others say not to, since it's a fiance visa, not a spouse visa. It's also an extra $400. We've already paid $355, $70 and $400 respectively. When does the money machine stop?!? And when does the bureaucracy stop?!? We still need to pay for the medical exam for her ($213) and the interview ($???). Why does a fiance visa get a woman here in a matter of three or four months, but we have to wait more than a year to get a spouse here? Isn't that backwards?

We really don't know what to expect next, what the timeline is and when we can expect the interview? Any suggestions would be greatly appreciated.

The only attorney that gave me decent answers is Audra Benhe of Los Angeles. She has a blog on the USCIS website. I have met with her and she is pretty straight forward.