I-485 pending since 2006, after 2 interviews? HELP

kellymb15

New Member
Hi,
My husband and I are very young, inexpert, maybe naive, and stuck in name check. I'm American and my husband is Italian and he already had 2 interviews for i-485 pending, with no response. The officers say that they have found a match with my husband's name during the name check process and that they still need to take time to give us an answer. They have told us the same thing on both interviews, so basically nothing has changed since April 2006.
My husbands criminal records in both Italy and U.S. are clean and documentation has been presented to the USCIS. In fact, when we got there for our second interview, they just ask regular standard questions to us again, but didn't request any further documentation. I had a list of documents to present to them, including updated criminal records to prove that any match they could have possibly found, couldn't be compatible with my husband's records. But they said they don't need further documentation. I don't know what else to do at this point. Why call us for a second interview, and not ask for something new or different? What was the purpose? Just to look at us in the eyes and tell us that our lives are still ON HOLD? If nothing has changed, why can't you give us the green card or give us an updated status response. The officers, on both occasions apologized to us and just said, "I believe you, but unfortunately we need to investigate further before we can give you answer, due to a possible match in our systems. I'm sure you are telling us the truth, but this is the process". The second officer actually gave us pat on the shoulders as a gesture of confort and support. I don't understand! What's the problem? I told them to just give us an answer about the green card. Is it yes or no? At least we can go on with our lives. My husband can't even leave the US because of a stupid overstay (due to our ignorance and naiveness). (Well, after several years, we were actually able just recently to get an Advance Parole document to go to Italy, and we came back to the US without a problem, but that will be expiring soon, so the story changes back to before. My husband won't be able to leave anymore starting this January. )
Anyway, getting back to the subject, since we are stuck, we can't decide neither to make plans to stay here in the US and neither decide to move back to my husband's country. We would like to open a small business, but we can't. We would like to buy a house, but we can't. We would like to have children, but our financial situation is suffering due to this green card hold up.
We got married legally, after 7 years together (we met as teenagers), but we weren't able to celebrate a decent wedding event for our family, so we would like to do that, but again our financial situation is suffering due to the I-485 pending.
I've seen a lawyer twice, on free consultation. I was willing to pay him to help us and maybe accompany us to the USCIS so he could give the officers pressure about giving us an answer on the green card.
He says it won't help and we would be just throwing away our money.
He says to contact our Congressman and write a letter.
So my appeal to anyone that is reading this message and think he/she can help us, is: WHAT SHOULD I DO?
Should I write this letter to congressman or are there any other suggestions?
Is there hope for us?
If the letter is the only option left, could someone give us a template/example on what to write?
I do not have any experience on things like this and I'm scared to make the next step, as I don't know what I would be getting into, by writing this letter. Is it safe or would it just upset USCIS?
I know God will protect us and take care of us; He always does.
But I can't sit still anymore. I have to take action and fight for my rights as an American citizen to have my husband stay with me in my country! And I have to fight for my husband's rights as an honest resident, husband of an American citizen, who should have equal opportunity to live in this country! The United States and the USCIS representing the U.S., should be happy to offer legal permanent green card to such an exemplary resident, since there are so many American citizens who are dishonest criminals that actually don't deserve to live in this Country, since they can't manage to show appreciation for what this Country offers!
God Bless all you petitioners and applicants trying to fight for your rights to get your green card! It is such a difficult process...
If anyone has some advice for me, I would deeply truly appreciate any feedback from you. Even simple support is welcomed, as well.
Thank you,
kellymb15
 
Unfortunately the namecheck issue is not even in USCIS hands, at least directly.
To make you feel better, I'm getting my wife (USC) naturalized as an Italian citizen through marriage and you have no idea how much easier it is to get a green card (and US citizenship)!
 
Wom

Nowadays the namecheck shouldn't hold your case for more than 6 months. This is the new memo that was generated by USCIS back in Feb 08. Also you could file WOM (Writ of Mandamus) and get your pending I-485 case resolved hopefully within 2 months or less.
 
Sarrebal,
I don't understand what you wrote. What do you mean? I filed for my husband's greencard through marriage as well. Are you saying something different? Please explain with more details.
Thanks.

And Atlanta Brother,
thank you for the advice about Writ of Madamus. But do you think the Letter to Congressman wouldn't help? Have you ever tried it or do you know anyone that has tried?
Thanks for the support.
 
Sarrebal,
I don't understand what you wrote. What do you mean? I filed for my husband's greencard through marriage as well. Are you saying something different? Please explain with more details.
Thanks.
 
And Atlanta Brother,
thank you for the advice about Writ of Madamus. But do you think the Letter to Congressman wouldn't help? Have you ever tried it or do you know anyone that has tried?
Thanks for the support.


If you don't mind waiting a bit more like a month or two, then you can contact your Congresspersons; but Writ of Madamus is the ONLY best option you have to magically clear everything; otherwise you will get the same bs answer from USCIS about pending name-check even if Congresspersons intervene here.

Good luck
 
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