I-485 WAYYY outside processing times, what can be done?

[Jetrim]

Situation is this,
<UL TYPE=SQUARE>
<LI> Entered on a K-1 9/03
<LI> Married and filed AOS at Miami 11/03
<LI> Fingerprints 5/04
<LI> Interview 1/05 - no issuance due to pending FBI checks
<LI> FBI checks FINALLY complete 2/08
<LI> 3/08 INFOPASS appt. says expect invite letter in 2 weeks for GC issuance appointment at Miami
<LI> 4/08 INFOPASS appt. says due to recent federal ruling about issuance if FBI check is the ONLY hold-up, USCIS is now backlogged by 59,000 more cases (basically, don't call us, we'll call you).[/list]

From a principle standpoint, I'm not too excited about buying a FIFTH set of AP&EAD and financing their continued incompetence and apathy. What else can be done at this point? Would filing a Writ of Mandamus likely waste more time and money than waiting it out? Are there any other alternatives? 5 years seems like more than enough time to "be patient" considering personal knowledge of MANY similar cases currently being pushed through in several months.

[Jetrim]

Situation is this,
<UL TYPE=SQUARE>
<LI> Entered on a K-1 9/03
<LI> Married and filed AOS at Miami 11/03
<LI> Fingerprints 5/04
<LI> Interview 1/05 - no issuance due to pending FBI checks
<LI> FBI checks FINALLY complete 2/08
<LI> 3/08 INFOPASS appt. says expect invite letter in 2 weeks for GC issuance appointment at Miami
<LI> 4/08 INFOPASS appt. says due to recent federal ruling about issuance if FBI check is the ONLY hold-up, USCIS is now backlogged by 59,000 more cases (basically, don't call us, we'll call you).[/list]

From a principle standpoint, I'm not too excited about buying a FIFTH set of AP&EAD and financing their continued incompetence and apathy. What else can be done at this point? Would filing a Writ of Mandamus likely waste more time and money than waiting it out? Are there any other alternatives? 5 years seems like more than enough time to "be patient" considering personal knowledge of MANY similar cases currently being pushed through in several months.

[SonofMichael]

sounds like someone can't wait to get their grubby little fingers on a green card

[Adam]

Miami is the worst.
You should try to find out name and address of Dist. Director, of Miami off and write direct to him/her and copy to your Senator.

[Jetrim]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">
sounds like someone can't wait to get their grubby little fingers on a green card </div></BLOCKQUOTE>
No dude,
This is someone's USC husband who's tired of watching his wife chew her fingernails off every year wondering if she's going to get fired because the EAD will come in 2 days too late. Someone who's tired of spending all day at DMV every single year because they won't issue a drivers license for a longer period of validity than the EAD. Someone who's tired of wait 7 hours at Miami International for his wife to clear passport control every time she re-enters the country. Someone who'd like to move into a larger house but can't get his wife's salary considered for the mortgage application because she is a "non resident" (of course her substantial presence make her a "permanent resident for tax purposes"). And a whole list of other things on top of dropping thousands of dollars in fees because some gov't. pencil pusher can't seem to find the time to glance over a 5 year old application.

[Jetrim]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Adam:
Miami is the worst.
You should try to find out name and address of Dist. Director, of Miami off and write direct to him/her and copy to your Senator. </div></BLOCKQUOTE>

Might be worth trying again but our last congressional inquiry resulted in a form letter, sent 11 months later, with less information than we already had.

[Adam]

You will have to just wait, and see, I don't think you are correctly informed by the uscis.

First of all I do not agree with those who do not speak English.
English is an official language of this great nation.
If you cant speak English, learn before you apply for the visa.
After 10,20, 30 or 40 years this will take over the English.
Stop, this

[SonofMichael]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Jetrim:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">
sounds like someone can't wait to get their grubby little fingers on a green card </div></BLOCKQUOTE>
No dude,
This is someone's USC husband who's tired of watching his wife chew her fingernails off every year wondering if she's going to get fired because the EAD will come in 2 days too late. Someone who's tired of spending all day at DMV every single year because they won't issue a drivers license for a longer period of validity than the EAD. Someone who's tired of wait 7 hours at Miami International for his wife to clear passport control every time she re-enters the country. Someone who'd like to move into a larger house but can't get his wife's salary considered for the mortgage application because she is a "non resident" (of course her substantial presence make her a "permanent resident for tax purposes"). And a whole list of other things on top of dropping thousands of dollars in fees because some gov't. pencil pusher can't seem to find the time to glance over a 5 year old application. </div></BLOCKQUOTE>

Please tell me that you are not that stupid to put your wife's name on a mortgage and deed. Once you do that, she will get it in the divorce in addition to the green card. What are you thinking man? ! Now you know better and will not make this mistake as many men do.
No need to thank me; but you can if you want to. And you should want to,

[Jetrim]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SonofMichael:
Please tell me that you are not that stupid to put your wife's name on a mortgage and deed. Once you do that, she will get it in the divorce in addition to the green card. What are you thinking man? ! Now you know better and will not make this mistake as many men do.
No need to thank me; but you can if you want to. And you should want to, </div></BLOCKQUOTE>

Being a bit presumtuous aren't we? Sounds like someone has some paranoia issues. Florida being "community property" state, she's going to get half whether she's on the mortgage or not. Further, since you have been given absolutely *zero* information about me or the relationship itself, outside the fact that we are approaching our 5th anniversary, I wonder how you justify your qualification to dispense relationship advice in response to a question about immigration procedure.

[SonofMichael]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Jetrim:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SonofMichael:
Please tell me that you are not that stupid to put your wife's name on a mortgage and deed. Once you do that, she will get it in the divorce in addition to the green card. What are you thinking man? ! Now you know better and will not make this mistake as many men do.
No need to thank me; but you can if you want to. And you should want to, </div></BLOCKQUOTE>

Being a bit presumtuous aren't we? Sounds like someone has some paranoia issues. Florida being "community property" state, she's going to get half whether she's on the mortgage or not. Further, since you have been given absolutely *zero* information about me or the relationship itself, outside the fact that we are approaching our 5th anniversary, I wonder how you justify your qualification to dispense relationship advice in response to a question about immigration procedure. </div></BLOCKQUOTE>

Yet another one that will have to learn the hard way !!!
LOL
Remember my words pal !

[speed_025]

Hello Jetrim,

Sorry to hear about your pending case.
Did you ever try to talk to a lawyer?
You can try a one time consultation and see
what the lawyer says.

Im not so sure why you need to renew your wife drivers license all the time. Once she get her EAD. The next step is go to ss Admin and get her social security number then she can apply for a drivers license wich is suppose to expire
in 5 years.EAD means she is authorized to work
in the US and if she currently have a job, you can file a joint income tax and yes you can claim her income if you wanna buy a house.

You can PM one of the power member here
Caribeann Man , He might can give you an idea
about Florida timeline too.

Hope everythings go well with you.

[unique]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Jetrim:
Situation is this,
<UL TYPE=SQUARE>
<LI> Entered on a K-1 9/03
<LI> Married and filed AOS at Miami 11/03
<LI> Fingerprints 5/04
<LI> Interview 1/05 - no issuance due to pending FBI checks
<LI> FBI checks FINALLY complete 2/08
<LI> 3/08 INFOPASS appt. says expect invite letter in 2 weeks for GC issuance appointment at Miami
<LI> 4/08 INFOPASS appt. says due to recent federal ruling about issuance if FBI check is the ONLY hold-up, USCIS is now backlogged by 59,000 more cases (basically, don't call us, we'll call you).[/list]

From a principle standpoint, I'm not too excited about buying a FIFTH set of AP&EAD and financing their continued incompetence and apathy. What else can be done at this point? Would filing a Writ of Mandamus likely waste more time and money than waiting it out? Are there any other alternatives? 5 years seems like more than enough time to "be patient" considering personal knowledge of MANY similar cases currently being pushed through in several months. </div></BLOCKQUOTE>

Jetrim,

Your case is typical and normal. It could have gone quicker, but it didn't. There are many people on this board who are in a much worse situation than you. Their lives disrupted by the extreme incompetence and arrogance of the USCIS. You're not the only one.

The best advice I can give you, is to refrain from complaining too harshly. I made that mistake, the result has been deadly for me. The USCIS does whatever it wants, if you irritate them too much they can and will do things that as of 04 21 2008 you would believe impossible.

Just wait your turn, the GC will be in your wife's hands soon. I will most likely be in a detention center awaiting deportation by the time your GC shows up in your mail box.

[Jetrim]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by speed_025:
Sorry to hear about your pending case.
Did you ever try to talk to a lawyer?
You can try a one time consultation and see
what the lawyer says. </div></BLOCKQUOTE>

Been to 2 consultations w/ 2 different AILA lawyers, one said there is no basis for mandamus, the other said there absolutely is but he is too backed up to take on new clients.

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">
Im not so sure why you need to renew your wife drivers license all the time. Once she get her EAD. The next step is go to ss Admin and get her social security number then she can apply for a drivers license wich is suppose to expire
in 5 years. </div></BLOCKQUOTE>

Florida law is written that way, D/L is based in EAD and can be valid no longer, she also cannot leave DMV with the license, but instead wait 4 weeks for it to come by mail. She's had her SS# for almost 5 years. Once 10 yr GC is issued, she can get a 5 yr D/L

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">
EAD means she is authorized to work
in the US and if she currently have a job, you can file a joint income tax and yes you can claim her income if you wanna buy a house. </div></BLOCKQUOTE>
Not true for any of the Five lenders I've spoken with. In the current economy, no GC means no guarantee of repayment should it not be approved. All told us to come back after GC issuance.


<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">
You can PM one of the power member here
Caribeann Man , He might can give you an idea
about Florida timeline too.

Hope everythings go well with you. </div></BLOCKQUOTE>
I'll do that, thanks.

[Jetrim]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by unique:
Jetrim,

Your case is typical and normal. It could have gone quicker, but it didn't. There are many people on this board who are in a much worse situation than you. Their lives disrupted by the extreme incompetence and arrogance of the USCIS. You're not the only one.

The best advice I can give you, is to refrain from complaining too harshly. I made that mistake, the result has been deadly for me. The USCIS does whatever it wants, if you irritate them too much they can and will do things that as of 04 21 2008 you would believe impossible.

Just wait your turn, the GC will be in your wife's hands soon. I will most likely be in a detention center awaiting deportation by the time your GC shows up in your mail box.[/b] </div></BLOCKQUOTE>

Sorry to hear of your troubles, we have been mindful not to get TOO pushy (waiting 6 months between contacts, not letting emotion get in the way when talking to them, etc). We've been tracking about a thousand cases within our usual online community and our timeline has been the longest so far, but we can hold out a bit longer I suppose...

(just because we have not been around here for a long time, doesn't mean we haven't been around.)

[aneri]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Jetrim:
From a principle standpoint, I'm not too excited about buying a FIFTH set of AP&EAD and financing their continued incompetence and apathy. What else can be done at this point? Would filing a Writ of Mandamus likely waste more time and money than waiting it out? Are there any other alternatives? 5 years seems like more than enough time to "be patient" considering personal knowledge of MANY similar cases currently being pushed through in several months. </div></BLOCKQUOTE>

If it means anything, I think that you guys have been extremely patient. 3+ years for figerprint check is outside any lines (but not unheard off).

Maybe you can try to contact USCIS ombundsman? Or congressman again? Or WoM if nothing happens in the next few months?