Interview "NO" decision since August 27th 2009

Jbmoto

New Member
Hi,
here is my situation,
on August 2008, my wife filed an I-130 for me, then we filed the I-485 right after that, yes i know we should have filed them together, i hear that all the time, and it doesn't add or take away the stress. So we filed them separately, we received the receipts for the applications, then a letter for for Fingerprint at the ASC for January 2009,
Medical exam in february 2009
appointment for interview August 27th 2009----
at the interview which was scheduled for 9:00 am, we showed up half hour before, we were searched and and told to way, a little while we were called by the AO, he was not nice at all, he was mid 50-60, started to make fun of my name, telling me how nobody liked me and that's why they gave me the name i had, then went on and on, requested for bills, documents that proved joint life, i will just tell you my wife and i just starting our life together, just got accepted to medical, so you see no means to get extra stuff to prove joint life, but we have bills of the house under our names, our tax return under our names, flowers i got her often, letters, gfts from her mom for our 1st anniversary.
Then we proceeded to tell him that prior of coming to the interview we received a letter from immigration asking more biographic info for the petition, he went on his computer then said, he couldn't approve the GC, because the I-130 was pending and that we had to submit more evidence for Bonafide marriage,
Since then sent more evidence (bonafide marriage were due on Sept 27th, sent it a week, they received on Sept 24th), just to name few: news paper article relating the activities my wife and I do for Kids during summertime in our town
more bills, joint bank accounts, letter form her mom and Dad, from our friends all over down who know us well, pictures of Xmas with family, vacation together,
since then the I-130 was approved on October 12th 2009
contacted the Senator's office to help us check on the application, an e-mail was sent to the senator's office stating that it will take 35-to-45 days to resolve the case at the USCIS, this was Wednesday 09-18th 2009, then amazingly we received a letter for the USCIS local office saying that: If we don't hear from them within 6 months, we should contact them, that the documents are being put together, the reason is that because we did not file the petition and AOS together.
we don't know what to do anymore, it is hard on my wife and to get by, paying for all the expenses we have, between school, house bills an others, and we are freaking out, we dn't know what to do.
HELP, if anybody ever went through similar stuff.
Thanks in advance, if you take time to read, this long post, understand where i am coming from.
Thank you :confused:
 
It is not necessary to file the I-130 and I-485 together. However, if they are not filed together, the I-485 needs to be filed with a copy of the I-130 receipt or I-130 approval notice. If the I-485 was not filed with either of those, that would explain your delays, however at this point it is stupid for them to say the reason for the delay is still because of the separation of those documents, given that they had to link them together somehow for the interviewer to see the I-130 status.

All you can do now is wait it out until about February (18 months after the initial filing), and then file a WOM lawsuit to force them to make a decision if it is still pending at that time. Meanwhile, get your EAD and AP renewed if you haven't already done so.
 
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