!!! URGENTLY LOOKING FOR SERIOUS ADVICE !!!

[europe-usa]

Dear members of this forum,
this is a true story its happening right now here in the united states, me and my wife seriously think we are probably being ript off by uscis, been confused with someone else, been victims of some conspiracy, not to mention the fact our civil rights are being taken away BY US AUTHORITIES.

Heres our story:
1-on june 2004 i was living in europe "im a european citizen" and travel to US as a tourist under the visa waiver program.

2- i meet my wife (US citizen) we got in love and decided to married here in united states on august, 2004 on a simple catholic cerimony hosted by our local baptist priest.

3- on october 2004, uscis received all documentation requested by law to update my status: i130, i485, i768.

4- weeks later ive made the medical examinations and fingerprints, and few months later i130 was approved.

On April 2005, i found on the internet our i485 was sent to our house and sent back to uscis as "MAIL UNDELIVERED", ...i phone uscis 5 times "between April and August 2005" to send me the I485 letter that was sent back...they never did.

we always live at the address we inform uscis, and we can prove it with leasing contracts,utility bills, landlord, friends, family, u name it...we see the uscis excuse totally non-sense and the fact is we never got anything from uscis cause we have ask the post man about it and he did assure us no letter from uscis was sent back...keep reading please:

finally on october 2005 "almost 7 months after my initial request to send me the I485 letter" uscis send us a letter saying i485 was denied, but they DID NOT INFORM THE REASONS OF DENIEL OR WHAT TO DO NEXT IN ORDER TO KEEP MY LEGAL STATUS HERE IN UNITED STATES...instead they redirect our case to another organization ...and we were informed by uscis to file a FAIO, we did file the FAIO and on december 2005 got the following answer:
-We must wait another year before we receive the reasons why i485 was denied.!!!

Tired of all misleading and horrible costumer service from this organization "uscis" me and my wife decided to make an appointment with a immigration officer to find the reasons why i485 was denied, and on january 2006 we went to a immigrattion ofiicer who said:

Quote: i dont have access to your process, i will request a copy of the reason(s) why i485 was denied, u will get it in the mail till mid feb 2006.

RESULTS: we didnt get anything from uscis....mid feb is over....uscis lie again.

last week i receive a emergency phone call from europe, my father got a "Cardivascular accident" and its now paralised on the left side and in critical health conditions at the hospital, my mother depends totally from my father, im the only son and they need my support immediatly.

i want to travel to europe urgently, if possible next week but i cant cause now i found if i go i cant return to live with my wife for the next 3 years!!!!!

AMAZINGLY WE FOUND uscis did put me out of status. did refuse to inform me why I485 was denied all this time, even force me to file a FAIO and expect me to guess whast going on , Expect me to take action when they are the ones who hide and refuse access to my process all this time. (almost 1 year) 5 requests to get the I485 reason why was denied, plus 1 live conversation with a immigrattion officer who LIE and didnt send the I485 reasons of denial....adn they expect me TO GUESS WHAST GOING ON WITH MY PROCESS?!!!!!!!

I ask anyone in the world:

How can u respect and trust uscis if they dont respect you?

If u are an american citizen, how would u fell if we europeans decide to treat you and your european wife, the same way ive been treated here in united steates by uscis?

either there are dirty little secrets behind this "uscis" organization that need to seriously be investigated or any serious mistake was made by uscis and they have to take their responsability.

i can prove everything u are reading, me and my wife always follow all the laws in united states, paid all fees, i never work illigally never even drive!...and all we got so far was problems from this uscis organization.

If theres anyone reading this letter which can provide rich information in what to do, i will be deeply apreciated....god bless you all.

[spring]

Has your wife contacted her congressman and asked for assistance?

[europe-usa]

Hi "spring", yes we did contact the congressman, still waiting for an asnwer.

[SunDevilUSA]

Your application for AOS was denied because you didn't attend your interview. It's as simple as that.

You claim that you didn't receive the notification from USCIS, and that is possible, albeit unlikely. In any event, USCIS considers it to have been delivered to you.

There is no conspiracy, you are not being ripped off and you have not been confused with someone else. Furthermore, your civil rights have NOT been taken away by U.S. authorities.

You should be aware that you have NO right to immigrate to the United States; that decision is solely at the discretion of the American government.

You should also be aware that you broke the terms of your authorized stay in the United States. Are you aware of those terms of stay, as defined by your entry on the visa waiver program? I would guess that you have absolutely not even the slightest idea as to your obligations and commitments in this case. Bottom line, you lied to the U.S. government and disregarded the terms under which you were allowed to VISIT this country. In other words, and contrary to what you state above, you have broken American law.

You might believe that my comments to you are a little harsh, but they are the truth.

Quite honestly, it's more than a little tiresome to have to listen to you whining, complaining and casting aspertions against the American government. Do you even realize that, under the terms of your stay in the United States, you have no legal right to remain here and adjust status? Read the terms of the visa waiver program!! You're lucky that you're whining b u t t isn't back home in Europe where it belongs.

Hi europe-usa,

sorry to hear about the ordeal, but in the nutshell, I agree with SunDevil.

It happens that a letter from the USCIS doesn't reach the recipient, and vice-versa.

The question now should be what's more important: chasing a wild goose in order to fix your immigration status here or visiting your father ?!

How did you find out that the "USCIS put you out of status"? With what date? You may not be a subject to a 3 year bar.

Even if you will have 3 year bar imposed after you leave the US, there is a way to apply for immigration visa and waive the bar. So you could be back much much sooner ...

[Sugarpuff]

It is much easier for a non-refugee to immigrate to the U.S. then it is to immigrate to Europe or even get a work permit. How do YOU feel about the Europeans doing that to americans?

[europe-usa]

"sundevilusa", are u racist? belong to a nazy group here in united states? kukluxklan? similar organization?...or naturally u are just rude, spiritualy poor, stupid and agressive?

im sorry for you.

europe-usa,

a statement like that won't help us help you.

To focus on important thing: you were denied Oct 05, now is Feb 06 - that makes 4 months overstay. 3 year bar applies after an overstay of 6 months or more. So again, with what date you were told you were out of status?

People who enter the US using VWP waive all their rights to appeal any and every decision made by USCIS. That's the part of the deal, many people are not aware of that.

[europe-usa]

message to "ameri"...my family in europe is more important than any matter related to this organization "uscis"...soon my wife will join me in europe and we will see what we will do next...my wife might even love europe so much that we never have to return to unites states to live...we will see...that is another matter.

fact is i dont like to close any door where i go, and fact is i was mislead by "uscia" so i ask you: what do u meant when u wrote "there is a way to apply for immigration visa and waive the bar. So you could be back much much sooner ..." ?

im the ceo of a successfull european online business, and can work from anywhere in the world...im saying this to you so u can understand evetyhing ive said in my letter its the truth and the only truth on my case....no matter what anyone can said...specialy people like "sundevilusa"

best regards,
europe-usa

[Sugarpuff]

Aneri,

When it comes to a VWP overstay, does it matter "when he was told he was out of status?" I thought he became an overstay and started accumulating time toward the bar the day after the date stamped on the I-94.

you can apply for an immigrant visa at the embassy in your country. Actualy process starts with your wife filing I-130 either in the US or at the embassy (depends on your hoome country). If she is allowed to file I-130 at the embassy, the process takes from a day to a few weeks. At the interview you may be denied an immigrant visa for previous overstay and bar (if you have one). At that point you submit a waiver... a waiver may be approved or denied ... there is a risk and a chance in everything...

[europe-usa]

Oh! this is interesting, i just
realise "ameri" "sugarpuff" and myself we are all online rigth now discussing my case, apreciate that u both.

heres the answer for the question "ameri" send me:

i never received the letter from uscis sent on april 2005, what was on it? i dont no!!! interviews ? inforamtion why was denied! we dont no, but we believe its was the reasons why I485 was denied...thats why ive request 5 times uscis to send that letter back to me, thats why me and my wife went to a appointment with a immigrattion officer to no what was in that letter...and till today we dont no what was on that letter.

some important facts u might wanna no are:

on october 2005 yes we finnaly got a letter after 5 requests , and this letter said i485 was denied BUT DIDNT INFORM THE REASONS...I QUOTE AGAIN...DIDNT INFORM THE REASONS!!!without knowing the reasons we couldnt reaply, thats when we decide to go on january to talk to a immigratiion lawyes to no the reasons so we can reaply , but we never got the reasons.!

regards,
europe-usa

Sugarpuff - even if he filed for AOS October 2004? I think that part about "being in adjustment of status" status applies for everybody (not EWI).

So, here is one more month to add to overstay: Sep 04 - Oct 04.

[marmaduk]

I have a few question to this gent. When the situation turned sour, why didn't you obtain an immigration lawyer? Even after I-485 was denied, why didn't you seek consul instead of just blindly following USCIS? Now you've wasted 4 months while accomplishing nothing.

I symphatize with your situation, but hopefully this will serve as a warning and lesson to everyone else to do more through DD and not taking everything at face value. Especially when dealing with something as archaic as USCIS.

For now, depending on your country of origin, and depend whether you've a bar or not, you can go and come back to the US in matter as few as a couple of weeks via DCF. If not, then you've to go to the I-601 or I-212 waiver route.

[Sugarpuff]

Did you initially use a lawyer to file the I-485? If so then the letter may have been sent to the lawyer.

I always wondered what would happen if one never recieved the interview or fingerprint notice. A FOIA may be your only recourse.