Documentary proof for V visa eligibility

[Sangeeta]

I have a green card and my husband is in the U.S. on
H1B visa and we are citizens of India. I had filed
the I-130 for my husband in August 1999 with the INS
NYC field office. The only proof I have is certified
U.S. mail receipt of mailing the petition the INS and
INS mailed back a receipt of cashing the check for I-130
fees in August 1999. I have not received anything
else from the INS
that would tell me that they have received and/or
approved the I-130 petition or when a priority date
would become available. We have made repeated
inquires on the status of the I-130 by certified U.S.
mail but have received no response from the INS. In
January 2002 we even went to the NYC field office to
personally inquire but were given a written inquiry
form to submit on which the immigration officer wrote
an A# for my husband after confirming our names and
address and told us that the INS will only respond to
any questions by mail. However, we have not received
any response from the INS even on that hand submitted
inquiry. Now I am worried as my husband\'s visa will
expire at the end of this year as he will complete his
6 years on H1B.

So I will be grateful if anyone could help me with the
following questions. Can I file for a V visa for my
husband in August 2002 even though I will have no documentary
proof from the INS that his I-130 has been pending for
3 years? What forms/documents are required? We\'ve been
filing taxes jointly, have joint bank accounts and live
together in the U.S. since our marriage in 1998 so that part is easy.
I am not eligible for naturalization until the end of 2003
and my husband does not have a green card petition filed
by his employer and has always maintained a legal status.

Thank you very much for any advise. Regards.

 

[noginoypi]

No Title

request for a copy of your check which INS has encashed.at the upper portion of the check it shows the case number and this would serve as your basis for communication to INS.i t would realy help if have a lawyer so things can work out easily.best of luck!

 

[Sangeeta]

Thank you.

Yes we have a copy of the check encashed by the INS but it does not have any case# written on it. INS did mail us a cash register kind of receipt of the I-130 fees in but even that does not have a case#. Thanks for your advice. Better off retaining legal counsel for the V visa application.