my wife's in limbo

ENERAREVIR

Registered Users (C)
I applied for my wife's residence here in the US (I am a native US citizen). She was here for over a year during which time an I-485 application was submitted.
She also recieved a work authorization and SSN. We thought everything was fine.

Then, in January of 2005, we received a letter stating that her application had been denied due to non appearance at a scheduled interview. We never received notice of interview, nor did we receive forms for medical, which we were told by USCIS office in New York, was the next step in the process. The letter was dated december 30, 2004, but was mailed January 23, 2005 and received January 25, 2005. The interview in question was dated for November 11, 2004.

The irony of it is that we had been at USCIS on December 29, 2004 and she was issued her work autorization card. The denial letter stated that both her SSN and work authorization had been anulled. We immediately went to USCIS
and were advised to request a revision of the case, which I did that very same day. To date I have recieved no notice whatsoever about this.

To make matters worse, on May 5, 2005 my wife received notice of her mother's demise in her native country, Venezuela, and was so griefstricken that she returned to her country without I-131 authorization against my recommendation. Now she can't return to the US, and when I go to USCIS (which I've done several times) I'm told that she has to be present in order for any information to be given out. I've told them that she is not in the country and the most they can tell me is that she should apply for a special permission for r-entry at the US Consulate in Venezuela.

She has been to the US Consulate in her country twice and they tell her that they can't help her there; that all proceedings have to be originated stateside. But they won't even deal with me here. I wrote to the US consulate in Venezuela and they responded the same to me.

What, if anything can be done? She has been away for several months and we fear that this will turn into a permanent situation and will place undue stress on our marriage.
 
I don't know exactly what should be done in your case but a few things come to my mind.

1. Do you have a competent lawyer?
2. What does the local USCIS office say about her legal status *before* she left the US?
3. Explore the possibility of filing I824.

Good luck.
 
Do you have an attorney? If not you may wish to get one. She needs to sign Form G-28 and the attorney can inquire everything about her case on her behalf.

It appears that her I-485 is abandoned one way or the other because she left the US without an advance parole. Oddly she did not apply for an AP along with the EAD. She qualifies for consular processing and as the spouse of a US citizen, she is not subject to any quota. I dont know how long this would take.
 
No, I have yet to get an attorney. What is Form G-28? Also you say that as a spouse of US citizen she qualifies for consular processing and not subject to quota. From a practical standpoint, what does that mean?

Raj1994 said:
Do you have an attorney? If not you may wish to get one. She needs to sign Form G-28 and the attorney can inquire everything about her case on her behalf.

It appears that her I-485 is abandoned one way or the other because she left the US without an advance parole. Oddly she did not apply for an AP along with the EAD. She qualifies for consular processing and as the spouse of a US citizen, she is not subject to any quota. I dont know how long this would take.
 
ENERAREVIR said:
I applied for my wife's residence here in the US (I am a native US citizen). She was here for over a year during which time an I-485 application was submitted.
She also recieved a work authorization and SSN. We thought everything was fine.

Then, in January of 2005, we received a letter stating that her application had been denied due to non appearance at a scheduled interview. We never received notice of interview, nor did we receive forms for medical, which we were told by USCIS office in New York, was the next step in the process. The letter was dated december 30, 2004, but was mailed January 23, 2005 and received January 25, 2005. The interview in question was dated for November 11, 2004.

The irony of it is that we had been at USCIS on December 29, 2004 and she was issued her work autorization card. The denial letter stated that both her SSN and work authorization had been anulled. We immediately went to USCIS
and were advised to request a revision of the case, which I did that very same day. To date I have recieved no notice whatsoever about this.

To make matters worse, on May 5, 2005 my wife received notice of her mother's demise in her native country, Venezuela, and was so griefstricken that she returned to her country without I-131 authorization against my recommendation. Now she can't return to the US, and when I go to USCIS (which I've done several times) I'm told that she has to be present in order for any information to be given out. I've told them that she is not in the country and the most they can tell me is that she should apply for a special permission for r-entry at the US Consulate in Venezuela.

She has been to the US Consulate in her country twice and they tell her that they can't help her there; that all proceedings have to be originated stateside. But they won't even deal with me here. I wrote to the US consulate in Venezuela and they responded the same to me.

What, if anything can be done? She has been away for several months and we fear that this will turn into a permanent situation and will place undue stress on our marriage.

Can you tell us on what visa she came to US? And also dates of filing I-130 and I-485.

What is the status of I-130. If it is approved File immigrant visa at Venezuela. In case it is not approved ask US Consulate at Venezuela that do they accept direct consular filing.
Once I-130 is done you need to apply for immigrant visa. There will be an interview for both of you.



Other way is to apply K3 visa.
 
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re my wife's in limbo

I-130 is of march 15 2004. I-485 is of August 15, 2004. I-130 appears as approved. The problem is that they will not even receive her for interview ar Consulate Venezuela. Perhaps if she attempts again based on the idea of obtaining immigrant visa. What number is that type? Thanks for your response.

tammy2 said:
Can you tell us on what visa she came to US? And also dates of filing I-130 and I-485.

What is the status of I-130. If it is approved File immigrant visa at Venezuela. In case it is not approved ask US Consulate at Venezuela that do they accept direct consular filing.
Once I-130 is done you need to apply for immigrant visa. There will be an interview for both of you.



Other way is to apply K3 visa.
 
..

As the wife of a USC, she does not qualify for any visa. Your wife needs an attorney. If you don't want to spend money on a lawyer, go to your local congressman, and ask for help. Afterall, you are a USC, your vote counts. By the way, since you are your wife's sponsor, I do not see why the USCIS will not talk to you.
 
pras01 said:
As the wife of a USC, she does not qualify for any visa. Your wife needs an attorney. If you don't want to spend money on a lawyer, go to your local congressman, and ask for help. Afterall, you are a USC, your vote counts. By the way, since you are your wife's sponsor, I do not see why the USCIS will not talk to you.
Every one needs a visa until thet get green card whether it is immigrant of non-immigrant.
 
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