I have been in USA 11 years always legal, with different kind o visas, from student visa to h1 visa. I will try to make shorter my story: I applied to a Green Card based in employment in a process that started in April 2001 with a labor certification approved in 2003, and then an I-140/I484 application in 2003 for finally being denied in January 2005. In other words 4 years of waste just because bad information of the attorney who never told me that the company did not qualified because company tax return was not enough. At that time I still was legal with a H1 visa that expired in October 2005. By that time my fiancé an American Citizen asked me to married him and we married in March 2005, we did a new GC application based on marriage by ourselves, for obvious reasons I did not trust in attorneys. We applied in April 2005 for the I-130/I 485 at that time it was taken 6 months to take a decision in this kind of cases, but for some reason mine took 1 year 1 month to be called for an interview and approve my I-130, finally I got my 2 year GC in July 2006. We married in a good faith; we have a beautiful daughter who is two years old now. However things lately are not working well, my husband is drinking too much, and definitely I don’t want that kind of environment for our daughter. I want to put distance between he and I and ask him ask for appropriate help as condition to keep with our marriage but people tell me wait until I got the approval of my I-751 that was file in March 2008. Based on the above my questions are the following?
1. It is a law that protects to me for being more than 10 years in this country legally, and can make faster my I-751 process or get my GC sooner?
2. In case I move away from my husband to another state: my case is going to be transfer to the a new Service Center that has jurisdiction in the new address? In case yes my initial receipt date will count with the new office?
3. In case they call me for a second interview and I am living apart from my husband can they deny the I-751 because we are living apart?
4. According to USCIS processing times they will have a decision in my case in 2 months, In case they don’t take a decision but that time and delay my case as the they did with my I-130, any law that protect to me for being victim of not justified delays?
5. Please advise me what is the best thing to do wait or moving apart, things are very hard in my marriage but I don’t want to make something stupid that make longer his immigration nightmare.
Thanks
1. It is a law that protects to me for being more than 10 years in this country legally, and can make faster my I-751 process or get my GC sooner?
2. In case I move away from my husband to another state: my case is going to be transfer to the a new Service Center that has jurisdiction in the new address? In case yes my initial receipt date will count with the new office?
3. In case they call me for a second interview and I am living apart from my husband can they deny the I-751 because we are living apart?
4. According to USCIS processing times they will have a decision in my case in 2 months, In case they don’t take a decision but that time and delay my case as the they did with my I-130, any law that protect to me for being victim of not justified delays?
5. Please advise me what is the best thing to do wait or moving apart, things are very hard in my marriage but I don’t want to make something stupid that make longer his immigration nightmare.
Thanks