Spouse's (derivative) I-485 approved after six years

R

RC66

Registered Users (C)
I wanted to share our experience with all whose derivatives are waiting a long time for approval of their I-485 applications. My wife, son and I sent our I-485 applications to Vermont Service Center (VSC) in Sept.2003 (Receipt date Sept. 25, 2003) together. My wife and son applied as my derivatives. My I-140(NIW) receipt date (our Priority Date)was March 26, 2002, which was approved on July 01, 2003. My I-485 was approved in Jan 2005 and our son got I-485 approval in March 2005. But my wife's case was pending first at VSC and then at TSC (VSC transferred her case to TSC in May 2007) since Sept. 2003!! In last more than four and half years, since my case was approved in Jan 2005, we contacted USCIS many many times only to get vague responses like sometimes 'her priority date is not current', sometimes 'her background check is pending.' We also contacted the Congressman and Senetor's offices and USCIS Ombudsman many times to help us sort out my wife's pending I-485. In all these years she got fingerprinted three times, last one on Dec.30, 2008. At last, after exhausting all our options, we sent a letter (pre-WOM complain?!) formatted by a lawyer (cost $750.00!!), to USCIS on Aug 20, 2009. On Sept. 04, USCIS sent us e.mail stating that they have approved my wife's I-485 and ordered the 'card'.

It has been very frustating six years for my wife to wait for her Green card, but finally it has been approved!!

All the best to all derivatives who are waiting for their I-485 approval for long time.

I-140 (NIW): RD 03.26.2002
I-140 (NIW): AD 07.01.2003
I-485 (self, wife and son): RD 09.25.2003 (VSC)
I-485 (self): AD 01.28.2005
(son): AD 03.05.2005
(wife): AD 09.04.2009
 
You will be eligible for naturalization soon, but don't apply for it until your wife gets the physical green card. In another case on this forum (see http://forums.immigration.com/showthread.php?t=297247), the derivative I-485 took more than 5 years, and when the primary person become a US citizen they denied the derivative I-485, with the naturalization being the reason for denial, even though for some time before naturalization the derivative case showed as approved online.
 
Copy of the Pre WOM

I have been contacting the USCIS TSC for 3 yrs now, my I-485 case is pending for 3 years even though my prority dates have been current all these times. I have tried all the steps you have described with the exception of the Pre WOM. I was wondering if you be willing to mail a copy of the PreWOM letter your lawyer mailed to the USCIS.
Thank you
alrehan@hotmail.com
 
sample copy of pre WOM

alrehan said:
I have been contacting the USCIS TSC for 3 yrs now, my I-485 case is pending for 3 years even though my prority dates have been current all these times. I have tried all the steps you have described with the exception of the Pre WOM. I was wondering if you be willing to mail a copy of the PreWOM letter your lawyer mailed to the USCIS.
Thank you
alrehan@hotmail.com
Click to expand...

I am in the same boat, I485 pending for more than 2 yrs, PD current in EB2 but they are saying needs further review....., contacted congressman, I heard that it worked for many people contacting senators, in my case they responded with TSC response letter whihc doesn't give any specific reason but working and make take time. Employer doesn't have any hurry!

It would be really appreciated if you could send personally that copy, if you need my address kindly send me personal mail-box.

Thanks much.
 
WOM complaint letter

All gurus,
How/where can I get more information on WOM (what is the full name by the way of it..?).

Thanks in advance.
 
Hi RC66,

I am in a similar boat as your wife. I am a derivative applicant of my husband's case, which was approved more than 2 years ago! After 4 years waiting, I finally filed WOM through a lawyer and got my 485 approved in a month.

My question to you is, did your wife ever give Code 3 biometrics? i.e., has she even have her picture taken at the local ASC? I didn't. So I guess I need to get another finger print notice and do the picture/signature thing before they are able to produce the physical card.

Please share. Thank you.
 
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