My wife (I am the petitioner) filed I-130, I-485 and all other supporting documents required by the two documents mentioned. She filed in Oct. 05, was fingerprinted, we both went to the interview in May 06, filed for one service request in Sept. 06, and no response since. I am a U.S. citizen. We are both from the same country, age group, and race. I thought cases move faster for US citizens. Can someone help me out by telling me what can be the hold up or similar situations? I filed with the Chicago office, but have a receipt number with the Missouri Service Center since they are the ones that act as the central point for these kind of cases. She entered on a B-1 visa. Any help is appreciated.
The delay is because of the Request for Evidence -- this backlog is quite normal. If you want, you could make an Infopass appointment, but they will likely tell you that it is pending. And your application is not with the Missouri Service Center (there isn't one). Its probably with the National Benefits Center or has been transferred to the local office to schedule for an interview. No one looks at your age, country, etc. until the interview.
USCIS requested evidence on the medical records back in Oct. '05 (couple of weeks after I filed) and they received the evidence about Nov. 12, 2005. Are you saying that this request is causing the delay even though received a year ago?
Also, please note that I already had an interview (so I guess the file is back in the Chicago office) in May '06. I wouldn't think they schedule the interview without having the "Request for Evidence" fulfilled. Everything went according to their timeline up until after the interview. At the interview I was told couple of weeks, and that was it. I do not believe couple of weeks means over seven months.
I did schedule an interview with an immigration officer. Can the officer tell me anything more then I can see online or obtain by talking with them on the phone?
If anyone has similar experiences or scheduled interview with immigration officer, please help.
How long does it take (besides what is posted on USCIS website since that time frame has come and gone for my case) to get the I-130 approved if you are a US citizen?
If you've had your interview already, it is likely that your application is still pending because of the FBI security clearance. I have heard stories of people waiting for years to get clearance. You will not receive your greencard until your name check is complete. Make an infopass appointment. You can also go to visajourney.com, for other people in similar situations. Another thing is, your medical records are only valid for one year. You may need to do another exam. Like I said, talk to someone at USCIS or call your local office. By the way, the Missouri Service Center is the same as the National Benefits Center.
And you should however realize something,just because You are a citizen,does not make things faster.Its not you,Its your "wife" they also double check and what not. And the fact,you say you are from the same country sound to me a little off,you are an american,so u can't be from the same country,unless you also came at one point from a different country....All those factors actually is not as great and nice as your might think...remember most scammers,marry people from their own country or background lol so,keep that in mind. And without knowing where you are from, I am pretty sure you are from a mdidle east country,i just assume that right now.Let me know if I am wrong...cause most of middle eastern people,make 100% sure to marry someone form their own country aka background a woman they don;t even know personally lol anyway...
Bottom line, the waiting can take years and another interview will come up.Just be prepared for that..and remember,most of the times what they ask you,is already stuff they already know and just wanna see if you say the truth.
By circumventing immigration law you just made things a bit more complicated. Your spouse should not enter on B1 visa and marry you; if she had entered on fiance or immigrations visa, things could have been easier. But she is here legally so it seems to me that you have just to wait a bit. Did you file I-765 and I-131 too? So she could work and travel?
This message has been edited. Last edited by: Honey,
HBKHBK... I appreciate your response. A little piece of advice, is to not conclude on what or from where someone is. Furthermore, let me say that you are 100% wrong in saying where I might be from. My wife and I are from Europe. I have been in the USA for the past 14 years. Also, things due move faster for U.S. citizens. U.S. citizens have some priority over permanent residents. Please note that country and age group does have an impact (I was told this at the inteview as being an advantage). Finally, where I am from we are not into all this marriage arrangements and marrying someone who you did not even meet... something I don't really understand to this day.
Honey, thank you for your reply. Unfortunately, I was not even aware of what you are telling me until about two weeks ago. The interesting thing is that the whole case started off by calling immigration and finding out what options are available to us. We were given the following three: get married in my and her home country, fiance visa, or get married here. Unfortunately, I will fight through this and make the best for the both of us.
Thank you all for your replies. Any more advice is appreciate it.
I know, the way of getting the GC through marriage on other than fiance visa here in US is the longest way in obtaining it. For me worked DCF - we got married in Czech Republic (I am from Europe too ) and I had my immigrant visa in 1 month, GC in 2(immediately after I entered US and got my passport stamped). But it is really hard to find out all relevant information beforehand ... but you will make it, do not worry!
Bottom line,and in case you havne't notice.I have lots of knoweldge and experience as far these things goes and I am pretty known in this group.I don't just say BS stories here.
Fact is,and u better believe that and ask everyone around or even make a google search. Immigration aka Homeland Security,does care big time and look into,where someone is from who wants to immigrate here and get married. They care and make 110% what country she/he is from....and all that matters.I got news for ya, even age is being considered.U might wanna read some immigration stories on this page or any other...where couple had to go through few depth interviews because of that.
Again you might be a citizen,but not a born citizen and now u might say "that does not matter" again I got news for ya,when you apply for your wifes things and what not,they ask "are u a citizen by birth or through immigration" so all that matters to some extand.
Either way, they will double check..and ask and wanna know prove.How long have you guys known eachother and more importantly,showing prove you guys have met in person more than one time...prove is pictures together...and not just one pic.U gotta establish all that. The fact someone is from europe does not matter.U can have a british citizen,and still have a descent from an ethnic background... yup,they even look into that.
Don't get me wrong, i hope for you all goes well.But honest to God, this is exactly how Immigration views things and handle things. Cause you sound like u do not have too much knowledge about Immigration law and all and how few things even changed since 2003 ( 2003 new laws were added and changed)
Originally posted by Honey: By circumventing immigration law you just made things a bit more complicated. Your spouse should not enter on B1 visa and marry you; if she had entered on fiance or immigrations visa, things could have been easier. But she is here legally so it seems to me that you have just to wait a bit. Did you file I-765 and I-131 too? So she could work and travel?
By circumventing immigration law? How? There is nothing in the OPs post that indicates that marriage and remaining in the USA to adjust was planned prior to the entry on the tourist visa.
The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.
Posts: 1176 | Location: ..the natural world | Registered: 06-13-2005
Sure, I know - I just ment to state that in this case the whole process takes longer, that is all. And also what I was told by others here ... how USCIS sometimes look at those marriages. Of course even if somebody comes here on tourist visa with intention to marry, there is only one advice: "deny it, deny it, deny it" :-)
Lets be realistic here...you do not be a Brain Surgeon to realize the the marriage was planned out when someone gets here on a tourist visa and few weeks later gets married....
NO PH.D needed to know the entery into the US was just a way to get inside and to get married.
To me "DENY" is the right way...cause that shows people,getting married to a US citizen is not automatically a secure way to say "I am married,you can not kick me out or deny me" If you came to the US uder false reasons as claiming "i am here for vacation and leaving in 4 weeks and getting married after 5 weeks... my friend you skinny butt needs to be sent home.
Originally posted by HBKHBK: Lets be realistic here...you do not be a Brain Surgeon to realize the the marriage was planned out when someone gets here on a tourist visa and few weeks later gets married....
NO PH.D needed to know the entery into the US was just a way to get inside and to get married.
To me "DENY" is the right way...cause that shows people,getting married to a US citizen is not automatically a secure way to say "I am married,you can not kick me out or deny me" If you came to the US uder false reasons as claiming "i am here for vacation and leaving in 4 weeks and getting married after 5 weeks... my friend you skinny butt needs to be sent home.
Silly response. The OP called USCIS before marrying and was given options. Naturally, not all customer service operators are well advised, but if the OP were intent on misusing the tourist visa, I'd suspect contacting USCIS prior to marrying would be the last thing done.
The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.
Posts: 1176 | Location: ..the natural world | Registered: 06-13-2005
Thank you all for your responses. Can someone clarify to me what OP stands for? Any more advice/suggestions will be appreciate it.
The option chosen by us as stated by USCIS as being an otion, is completely legal and no law was broken. However, I do agree that the law will be applied harder in this case. The I-765 was filed. The I-131 was not filed since we are not planning to travel while her case is pending. When it comes to immigration and the case pending, I think the best advice before any traveling is done would be to just wait patiently.
Fact is thought and Grizzly you should have known or double checked that with an attorney,IS - everyone knows that alot of the time the Immigration Officer you call on a 1-800 number either can be an *** or give wrong information or miss leading information. My friends...they are known for that.And any experienced attorney will tell you, never ask an immigration officer for advice,NEVER....
PS: and a honest and desent officer would only advice,the come here with a finace visa.Period.