RickMontero
New Member
I married my wife abroad in March 2005 and filed an I-130 in the consulate (rather not say which one) . I am a US citizen. The CO stated that in his opinion the petition was not clearly approvable ( due to short length of the relationship and the fact I had filed prior K-1s) and would be referred to Homeland Security in the US.
This consulate usually issues CR-1 visas in a month after filing the I-130.
I had never filed an I-130 before, and all the fiancees either never came to the USA or returned in a timely manner.
When my emails to the consulate went unanswered, I was advised by a US immigration lawyer to withdraw that petition and file in a Service Center. So I sent in a withdrawal letter in late May to the consulate.
Unfortunately this was bad advice. Homeland Security had seen that I was not an immigration fraudster and approved the petition and packet 3 was mailed to my wife on May 23 (about 10 weeks after initial filing of the I-130). She sent in the form indicating she was ready for the interview. I also gave the consulate a letter explaining what happened and asking to "withdraw" the withdrawal. The consulate did not respond and so in July I went there to ask the CO in person. He told me that I would have to refile the I-130.
I refiled on August 1. The CO at that time met my wife, interviewed her and myself and seemed to be satisfied that we had a relationship, but nevertheless he said he had to refer the petition to Homeland Security again to "investigate" all over again. He said that he would tell them about what happened, that it should not take as long the second time because the review had already been done once.
Now its December, 18 weeks have gone by since filing the petition and Homeland Security has not finished their review--longer than the 10 weeks for the original review. I have verified with Homeland Security that they have the petition.
What should I do?
Since March I have spent one third to one half each month out of the country to maintain my marital relationship. I basically have given up working. Its very expensive to maintain two households plus travel expenses are costing me about $6000* a month and I can't really work. I have family to take care of in the USA so I have to shuttle back and forth a 2-4 times a month. I now have platinum status on all the major airlines.
I asked my congressman to help, and I filed another I-130 in the appropriate service center.
Appreciate any guidance you can give me.
thank you
This consulate usually issues CR-1 visas in a month after filing the I-130.
I had never filed an I-130 before, and all the fiancees either never came to the USA or returned in a timely manner.
When my emails to the consulate went unanswered, I was advised by a US immigration lawyer to withdraw that petition and file in a Service Center. So I sent in a withdrawal letter in late May to the consulate.
Unfortunately this was bad advice. Homeland Security had seen that I was not an immigration fraudster and approved the petition and packet 3 was mailed to my wife on May 23 (about 10 weeks after initial filing of the I-130). She sent in the form indicating she was ready for the interview. I also gave the consulate a letter explaining what happened and asking to "withdraw" the withdrawal. The consulate did not respond and so in July I went there to ask the CO in person. He told me that I would have to refile the I-130.
I refiled on August 1. The CO at that time met my wife, interviewed her and myself and seemed to be satisfied that we had a relationship, but nevertheless he said he had to refer the petition to Homeland Security again to "investigate" all over again. He said that he would tell them about what happened, that it should not take as long the second time because the review had already been done once.
Now its December, 18 weeks have gone by since filing the petition and Homeland Security has not finished their review--longer than the 10 weeks for the original review. I have verified with Homeland Security that they have the petition.
What should I do?
Since March I have spent one third to one half each month out of the country to maintain my marital relationship. I basically have given up working. Its very expensive to maintain two households plus travel expenses are costing me about $6000* a month and I can't really work. I have family to take care of in the USA so I have to shuttle back and forth a 2-4 times a month. I now have platinum status on all the major airlines.
I asked my congressman to help, and I filed another I-130 in the appropriate service center.
Appreciate any guidance you can give me.
thank you