Employment based I485 application hurt Marriage based application

[ilovev8]

I have an employment based I-485 pending when I applied for my marriage based green card. My lawyer from work said it didn't hurt, well, it really do. I was interviewed for marriage based I-485 in November 2008 and the officer said they need to get my A-files from my other case. Now 8 months have passed and they are still waiting!!!

I went to infopass with the local office several times and every time they say it's beyond normal processing time but there is nothing they can do. And there is nothing new every time they told me: we are still waiting...

I feel very frustrated but don't know what to do here. I don't want to be just passively waiting... Anyone has good experience? I feel like I probably need to withdraw my employment based I-485 otherwise neither is going no where!!!

 

[LucyMO]

write to your congressman.

 

[Jackolantern]

When you applied for the 2nd I-485, you should have written the same A-number you got from the first I-485.

 

[absrao]

If you provided enough information on your second application about first application, then they are taking time in tracking that file. If thats the case, withdrawing anything should not have any effect as they still need to get the first file even if you withdraw it, if thats what taking time.

 

[ilovev8]

yes, i used the same A#.

 

[ilovev8]

looks like it takes time to get started for the tracking down time... i guess i will have to wait... thanks all for giving me the advices!!

 

[JackDan]

your pending application has nothing to do with your other application. During the interview, if OP wants to do more research of anykind, they tend to tell you anything confortable for the situation (like provide this or that doucment after interview) just to get more time do to some more research. its common, so I would not worry about your second applications being a reason of the delay. as of withdrawing, it wont change anything, and I dont believe you can withdraw 765 if you already got the working permit.

 

[JackDan]

on the waiting part, you filed in November 2008, 8 months ago and still waiting. Me and my USC wife filed in October of 2005... and still waiting
so you have to be more patient.

 

[bullandre]

your pending application has nothing to do with your other application. During the interview, if OP wants to do more research of anykind, they tend to tell you anything confortable for the situation (like provide this or that doucment after interview) just to get more time do to some more research. its common, so I would not worry about your second applications being a reason of the delay. as of withdrawing, it wont change anything, and I dont believe you can withdraw 765 if you already got the working permit.

I am not a lawyer BUT it can affect the other application. My uncle was sponsoring his sister for an employment based visa and before the process was completed she got married and at the AOS interview they told her the same thing they told the thread-starter. This was almost two years ago and she only got through late last year. I think the reason (I'm not sure) why they query those situations is because they might suspect fraud.

 

[ilovethe80s]

I am not a lawyer BUT it can affect the other application. My uncle was sponsoring his sister for an employment based visa and before the process was completed she got married and at the AOS interview they told her the same thing they told the thread-starter. This was almost two years ago and she only got through late last year. I think the reason (I'm not sure) why they query those situations is because they might suspect fraud.

Although I got my GC after 7 months of processing, my EB-based I-485 application (that was denied a few years before my marriage-based GC interview) was the "hitch" at the interview and what the Immigration Office focused on. Other than asking my husband and I for each other's birth dates, there weren't any questions at all about our marriage. Every other question was about my EB-based I-485 application. We were told that the EB file had to be consolidated with my marriage-based I-485 file before a decision can be made, and was told to follow up in 90 days if we hadn't heard from them yet. Luckily, I got my GC about 5-6 weeks after the interview. You can read more about my experience in detail in my previous posts, specifically in the August 2008 Filer thread. Good luck to all of you.

 

[Jackolantern]

I feel very frustrated but don't know what to do here. I don't want to be just passively waiting... Anyone has good experience? I feel like I probably need to withdraw my employment based I-485 otherwise neither is going no where!!!

Your case is collecting dust somewhere and they have forgotten about it. The case will sit there forever if you don't take action. Write the Ombudsman and your Congressperson. Then if that doesn't work, once it has been a year since your interview you should file a WOM lawsuit.

Don't withdraw the EB I-485 at this point; some incompetent clerk may screw up and cancel your marriage-based I-485 instead of or in addition to the EB case.

 

[ilovev8]

Thanks for the reply, Jackolantern. Do i need to wait for one year after the interview to file WOM?

I have sent the congressman an email about this but haven't got any reply...

For WOM, it seems cost quite a lot, say $XX,XXX.XX. I may have to go through this eventually.

 

[Jackolantern]

Thanks for the reply, Jackolantern. Do i need to wait for one year after the interview to file WOM?

There is no specific limit, but the purpose of WOM is to compel USCIS to act on a case that has been pending for an unreasonably long time. 8 or 9 months is kind of long, but not so unreasonably long that the courts are likely to help you.

However, if you already waited a long time before the interview, it may be OK to file WOM less than a year after the interview.

I have sent the congressman an email about this but haven't got any reply...

Send a signed letter, not just an email. Include your case number and A# so they can follow up with USCIS.

For WOM, it seems cost quite a lot, say $XX,XXX.XX. I may have to go through this eventually.

With enough research, you can do it yourself. If you get an attorney, just use them on a consulting basis, to meet them one or two or three times to review and assist your preparation for filing the lawsuit, then go ahead and do the rest yourself. That should cost you a total of $1000 or less.

 

[JackDan]

Your case is collecting dust somewhere and they have forgotten about it.

how do you know about that??

The case will sit there forever if you don't take action.

agree, but it is just couple months, c'mon!

Write the Ombudsman and your Congressperson.

after writing Ombudsman you should give another 4 months for the USCIS response.

after writing Congressperson, you should give another 4-6 months.

Then if that doesn't work, once it has been a year since your interview you should file a WOM lawsuit.

after done a major research and read over 100 different WOMs from different districts court websites, I would say wait 2 years minimum before filing WOM, otherwise it may be easily put down.

 

[JackDan]

Thanks for the reply, Jackolantern. Do i need to wait for one year after the interview to file WOM?

I have sent the congressman an email about this but haven't got any reply...

they will just inquiry on your behalf. you will get the answer faster than if you would do it by yourself or through attorney. but congresman cannot speed up your case, only inquiry.

For WOM, it seems cost quite a lot, say $XX,XXX.XX. I may have to go through this eventually.

with good attorney $5,000 - $8,000 on the start to prepare file but WOMs usually end up around $10,000 - $15,000. if you win then DHS will pay for it, if not then you cant get refund.

If you do it yourself (which you can just download bunch of WOMs online and change stuff to match your story, its an over-the-weekend job), but if you do it yourself you may not be able to follow up with DHS lawyers responses and your case may be buried.

PS. I dont understand why so many people tend to say that if you are waiting so long you chart is lost, or something like that. Have you guys ever seen an USCIS office and how it is organized? local office keeps your chart, true, but they have everything scanned electronically nowadays in the main depositorium. Virtually charts CANNOT be lost anymore. If they keep case long, it means they make some additional inquried/background research (the checkup backlog once every 6 months for each outstanding case).

 

[Jackolantern]

how do you know about that??

After an I-485 interview based on marriage to a USC, it is normally decided within days or weeks, if not decided the same day. If more than 6 months have passed, nothing is going to happen in month 9 or month 12 or month 24 unless somebody pokes and prods USCIS to dig up the case and complete processing. There is no reason for it to sit for 6+ months after the interview, other than USCIS simply forgetting about it.

Have you guys ever seen an USCIS office and how it is organized? local office keeps your chart, true, but they have everything scanned electronically nowadays in the main depositorium. Virtually charts CANNOT be lost anymore.

That is not entirely true. They have some amount of computerization, but they are still heavily paper-based, and they physically move paper from one office to another for things like interviews, and they sometimes lose files.

 

[JackDan]

After an I-485 interview based on marriage to a USC, it is normally decided within days or weeks, if not decided the same day. If more than 6 months have passed, nothing is going to happen in month 9 or month 12 or month 24 unless somebody pokes and prods USCIS to dig up the case and complete processing. There is no reason for it to sit for 6+ months after the interview, other than USCIS simply forgetting about it.

of course there are many different reasons why a case may not be completed so quick. just because it is put on hold, does not mean there isn't any background activity.

 

[Jackolantern]

of course there are many different reasons why a case may not be completed so quick. just because it is put on hold, does not mean there isn't any background activity.

After the interview, there is no more background activity that can be taking as much as 6 months. The case is simply idling somewhere.

 

[Nav102]

Call the Congressmen's office and speak with a live person !!

 

[JackDan]

After the interview, there is no more background activity that can be taking as much as 6 months. The case is simply idling somewhere.

this is untrue. interview can trigger additional action or add more question to the case. then it is put on hold until those questions are answered/resolved.

example: on the interview, the USC brings three marriage certificate and 3 divorce letters. Simply OP may question if USC is really divorced as many times as he/she was married, plus wants to check if USC is still not married somewhere else. Thus, it may take up to 36 months for the USCIS to check vital records from all US states across against the USC name.
Until this is completed, case WILL NOT be approved no matter whos involved, even the President of the Unites States.

this is one example. Real life can bring billions of others; all can hold case for years to go.