Supervisor Review, Adjustment Application

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adshakil

Registered Users (C)
Hello,

I don't know where to start my story..

Let me write out the dates of how what happened..

H1b filed by employer: April 06.
Marriage to a US citizen: June 06 In Canada.
H1b approved: July 06
I-130 filed: Sept. 06
H1b visa granted: Oct 06
Entered US in Oct 06.

AOS Filed: Dec 06
Interview: Feb 07 (Supervisor review)
I-130 transfered to California: Feb 07.

After my interview, the interviewer took my I-94 and asked me a series of questions. After which, she told us that she is waiting for some file as well as she going to have her supervisor review my file and we would hear from them in two-four weeks. Never heard from them. In a couple of weeks I got a transfer notice that my I-130 case was transferred to magnolia st office in Anaheim. I thought this was the file that may have been missing at my interview and she must have been waiting and it should get approved. It never did. In june 07, i was searching to find out which office my file was at and was surprised to know that there was no office on magnolia street, anaheim. I went out and found out that there was a rehabilitation center there. I did an infopass and went to the office in santa ana where i had my interview and the office told me that this letter has been sent in error and your case is with us and under extended review and your namecheck is cleared. I waited and waited and called and called. Got senator involved, congressman involved.. absolutely nothing. again waited.. We went to a lawyer.. he told us to wait till the second anniversary of your wedding so that they don't have to give you two year conditional green card... I did a service request and got a letter saying that there is an RFE since FEB 07 right after our interview (CAN YOU BELIEVE IT) to which you haven't replied and if you didn't receive it you can get a copy of it at santa ana office.. I took that letter and went to santa ana office and they told me that an RFE was ordered but it was never sent out.. and might never be sent out.. and you should wait..

We celebrated our second anniversary a couple of weeks ago.. and i went to uscis office in santa ana and still got told that my file is under extended review.. but my namecheck is cleared.. and I should just wait..

What should I doo.. other than waiting.. is there any other option.. ??? maybe file a lawsuit to ask the court to order uscis to adjudicate the case or atleast answer as to what is holding them up.

Any reply.. any help.. any ideas... any similar experiences.. anything would be helpful..
 
You said that you went for the I-130 interview or the I-485 interview? It's confusing...normally there is only interview for I-485...the I-130 is only the petition...the AOS (I-485) is what it matters.

So they say that your name has cleared but really you don't get any approval or denial. And since you contacted your congresswo/men, WHAT they are saying? they must get something back, don't they?

It has been over a year now...too much wait. I will continue doing INFOPASS until they get tired. By the way...does not make any sense that your lawyer just tell you to wait and that's it to get the 10 yr...at this moment you want to be approved that's it. What is his/her next step since it has pass over a year?

To be sincere there is no way to know what they are doing or why you haven't been denied or approved. The RFE was about what? are you sure that's not what is hanging in there?

Sorry to not be that much help.
 
cherr1980 said:
You said that you went for the I-130 interview or the I-485 interview? It's confusing...normally there is only interview for I-485...the I-130 is only the petition...the AOS (I-485) is what it matters.

So they say that your name has cleared but really you don't get any approval or denial. And since you contacted your congresswo/men, WHAT they are saying? they must get something back, don't they?

It has been over a year now...too much wait. I will continue doing INFOPASS until they get tired. By the way...does not make any sense that your lawyer just tell you to wait and that's it to get the 10 yr...at this moment you want to be approved that's it. What is his/her next step since it has pass over a year?

To be sincere there is no way to know what they are doing or why you haven't been denied or approved. The RFE was about what? are you sure that's not what is hanging in there?

Sorry to not be that much help.
Click to expand...

Both I-130 and I-485 are both approved at the AOS interview if AOS is through spouse, and the alien is already in the country.
 
Yes I know...been there, done that. He is saying about I-130 interview, normally is the interview for your AOS (which is the alien's not spouses...many people confuse that)...you don't get an interview about I-130 that is accepted/approved/denied or not.
 
cherr1980 said:
Yes I know...been there, done that. He is saying about I-130 interview, normally is the interview for your AOS (which is the alien's not spouses...many people confuse that)...you don't get an interview about I-130 that is accepted/approved/denied or not.
Click to expand...

Well at my interview in Tampa IO said he had to approve my I-130 first. After he approved that, he then went on to the I-485 with the questions and then approved that. My IO approved both I-130, and I-485 at the interview!
 
Well i had my interview for adjustment that is I-485. It was not for I-130. There are no interviews for I-130.

I talked to a few lawyers and they have given me an advice to file a Mandamus but it costs. Infopass is not doing much help. I guess in the end, I will have no choice than to file a Mandamus. Anyone with that experience?
 
adshakil said:
Well i had my interview for adjustment that is I-485. It was not for I-130. There are no interviews for I-130.

I talked to a few lawyers and they have given me an advice to file a Mandamus but it costs. Infopass is not doing much help. I guess in the end, I will have no choice than to file a Mandamus. Anyone with that experience?
Click to expand...

Did they approve your I-130 at the interview? Were you in the country when you got married? or did you enter on K-1? Big if's here..
 
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