Application since 2006 and still stuck!!

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xax

Registered Users (C)
Hi everyone,

I really need an advice of my case.
in Sep 2006 I applied for GC (I-130) after married of US citizen for a year, and by the middle of 2008 I got an interview with the embassy, and I got a blue letter said that my case return to USCIS with recommendation of revoke. And when I ask the IO what the reason she said that she felt our marriage was for GC only even though I got a child between us that time.
So, my case went back to USCIS and be the middle of 2009 we got a letter asking for more evidence which were send back within a week. Since then I did not hear anything from them and every time I call they said my name is under review in California center!!!
Please advice what to do? Should I keep waiting? Or should I sue the USCIS? Should I apply for a new 1-130? Or what else?
Thank you
P.S. we now have children between while we living in my home country
 
Did you bring your child's birth certificate to the interview?

Did USCIS revoke the I-130?

Is there anything unusual or complicated about your case that you haven't mentioned yet?
 
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Thank you Jackolantern for your reply, the answer of your questions are:

Did you bring your child's birth certificate to the interview?
- Yes, and her US passport too, and my 5 months pregnant wife :) (we have now 3 children).

Did USCIS revoke the I-130?
- Not yet, it is still in review process after I submit more evidence as per there request, however every time I contact them they said my name is under checking process (since August 2009).

Is there anything unusual or complicated about your case that you haven't mentioned yet?
- The only thing we been told by the IO after they return our case to USCIS, is that she felt our marriage is illegitimate because me and my wife in the same age and I never get married before where she was divorce. She said it is not in your culture!! (dumb ignorant)

Please your advice!
 
xax said:
Is there anything unusual or complicated about your case that you haven't mentioned yet?
- The only thing we been told by the IO after they return our case to USCIS, is that she felt our marriage is illegitimate because me and my wife in the same age and I never get married before where she was divorce. She said it is not in your culture!! (dumb ignorant)

Please your advice!
Click to expand...


Your case is complicated by the time that has lapsed from the date of filing and numerous follow-ups which you did and never resolved it. Are you saying that the USCIS Officer had a problem with the fact that you were never married, but your wife was previously married and divorced? However, she is now married you? If so, when was your wife's final divorce date?(if you have or know the date?) It is illegal to be married to two people at the same time in the US. For example, if your wife's divorce was finalized and entered into the record on March 15th, 2010, but you were married on March 14th, 2010, your marriage is invalid. As such, for immigration purposes, your marriage doesn't exist because it is in violation of US law.

What state do you live in? Do you even know who is your US Congress representative? What about your US Senator (2 per state)? You might want to call or visit their local offices and talk to a Legislative Assistant in charge of constituency service, explain your immigration problems, and they will ask you to sign a release form and you give them copies of your paperwork. It is from then onwards that they can start to work on your case, and usually will call you to let you know what USCIS is doing.
 
Jackolantern asks:

So your wife is a US citizen and you are not, correct?
-Yes
Does she live or work in the US?
-She was until 2007, and then she lived with me outside US
 
Al Southner,

Thank you for your reply.

Al Southner said:
It is illegal to be married to two people at the same time in the US.
Click to expand...
- My wife gets her final divorce in 2000, where we get married in 2006.

What state do you live in?
- We were living in Oregon. But when I applied, I applied from outside US, so my interview was in the US embassy.

Do you even know who is your US Congress representative? What about your US Senator.
- From what I read in this form and others, this will not make any progress in the case.

Waiting your advice …
 
xax said:
Do you even know who is your US Congress representative? What about your US Senator.
- From what I read in this form and others, this will not make any progress in the case.
Click to expand...

Some people have had success with the Senator or Congressperson's assistance, while others get nowhere with them. It's at least worth an attempt.

Have your USC wife write to the Senator/Congressperson, and also have her contact the USCIS Ombudsman (http://www.dhs.gov/files/programs/editorial_0497.shtm). Then find out if the consulate in Columbia allows for direct consular filing (i.e. directly filing the I-130 with the consulate instead of through USCIS -- it is something many consulates will do if the USC is a legal resident of the foreign country where the consulate is located, and is married to a citizen of that country).

If the Senator/Congressperson/Ombudsman assistance doesn't bring results in 2-3 months, and the consulate allows DCF, withdraw the existing I-130 then file a new one using DCF.
 
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Sometimes people post about strange cases on here. It often turns out that there are complicated details about their cases that they don't disclose or are not even aware of. If USCIS denied and delayed a case, there's good chance that they have strong reason. I think the thread starter should get help from a lawyer as well, the lawyer may be able to point out what's wrong after reviewing the case.
 
Thank you f1study for your reply,

f1study said:
Sometimes people post about strange cases on here. It often turns out that there are complicated details about their cases that they don't disclose or are not even aware of.
Click to expand...
There is nothing to hide here, and I ask USCIS in details about my case and I never find something else either I mention here.

f1study said:
get help from a lawyer as well.
Click to expand...
I agree with you, but should I ask the lawyer to sue the USCIS straight away? And do you (or anyone else read this thread) have any idea how much lawyer will charge for that?
 
F1study was referring to red flags that raise the level of suspicion with USCIS, resulting in them delaying the case until they can either confirm the suspicion or clear it up. For example:

- your wife is a naturalized citizen who obtained her green card through marriage (there is a high rate of fraud with people who get a green card thru marriage and then sponsor somebody else for a green card thru marriage)
- some discrepancy was found in her green card or naturalization process, e.g. contradictory answers for a question that was asked on her own green card application and again on her citizenship application
- before marrying you, she attempted to sponsor another immigrant spouse or fiance but that didn't work out
- you were in the US illegally
- your wife was arrested or convicted of some kind of fraud in the past
 
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