wario75

We married in Jan 2009 (in UK) and filed the I-130 in Jan as well. We received NOA on 4 Feb stating the case has been received in Vermont. After 6 months had elapsed with no updates, we called the USCIS seeking an update. We were told that our case would be expedited and we should hear something within 45 days, which places us at 19 September. Well, still no updates....

I saw a recent post of another couple's I-130 taking 7 months for approval before it was passed to the NVC. I sure hope I get the approval notice within the next two months so I can join my wife end of year or January at the latest.

My case is unique in that I was living in the US previously, for almost 4 years. I originally arrived on a K-1, and then divorced my wife. My greencard just happened to arrive after my divorce. Though the card was erroneously issued, on my lawyer's advice I remained in the country, as it was technically a valid greencard. Unfortunately, after the card expired (it was a conditional 2 year card), I was unable to remove conditions myself, or effectively self sponsor. Just my luck of the draw I landed a not so nice USCIS officer. After the card expired I had no choice but to return to the UK, by then I had been in a relationship for several months with woman who is now my wife. So we've been doing the long distance thing since Feb 2008 - it's just been incredibly difficult for both of us, but we've somehow managed to stay sane and see each other every 3 months.

I really hope someone can tell me that my past won't create an issue in any way, as I was not involved in any deportation proceedings and I simply left when my greencard expired. I also hope that this entire process doesn't take any longer then 10 months as we can't bear to be apart much longer. Is there anyone who has just been through the hoops or at least gotten to the NVC stage?

Thanks!!

ian-mstm

I hate to point out the obvious, but we're still a month away from September 19.


Once the divorce was final, you could have immediately filed to remove the conditions... there was no need to wait 2 years. Anyway... water under the bridge.


My gut reaction is that you'll be fine. Sometimes, things take longer than usual. About 8 - 10 months is normal, but it can be longer. Have faith. The wheels of immigration turn slowly, but they do turn.

Ian

meauxna

Pulling your old A file might be one reason your case is taking longer? Vermont's current posted processing date is "5 months"; if you filed 30+ days before that date, you are able to put in a service request.. it sounds like you already did that.
It appears that VSC is behind on their targeted date on I-130s altogether.

I predict approval within a few days based on past performance. (ie once you post in frustration, approval tends to appear. these results are not scientific. YMMV)

jeffreyhy

w,

Why the double post?

Anyway, rare perhaps but I doubt unique.

Why was your green cared "erroneously issued? And what's this "effectively self sponsor"? Your ex-wife would have remained your sponsor had you remained an LPR, nothing would have changed there.

No one can tell you that your past won't create any issue in any way. Your second marriage may appear as an attempt to get back into the USA as an immigrant, despite your [not unexpected] claim that it is not.

Regards, JEff

Rete

It wasn't a double post. He tacked one post at the end of a thread that was six months old. I made it a new thread without having seen this one.

jeffreyhy

Thanks for the explanation, apologies to the OP.

Regards, JEff

wario75

Hi Ian,
I may have confused matters! I filed for AOS immediately after my first marriage (I-485, I-864, I-131). We had only been married 4 months. The divorce was official in Sept 2005 and the greencard arrived in December 2005. The only reason I was able to remain in the country after the divorce was because I had filed an I-360 (WAVA) Self Petition. I felt I had grounds to file for an abusive relationship, which provided me with some degree of protection to remain in the country while it was being processed. My lawyer suggested I file the I-751 (Petition to Remove Conditions on Residence) based on bona fide marriage ending in divorce (you're right, we could have filed sooner, I suppose). This was filed in Jan 2006. I received a double flow when I discovered the I-360 was declined due to lack of sufficient evidence (despite establishing prima facie) and in Oct 2007 my residence was denied when I had my AOS interview. My lawyer was quite confident our chances were good, but come the day we landed a not so sympathetic officer who simply said "your greencard should not have been issued in the first place". Obviously, the USCIS was not aware that I was going through divorce proceedings at the time.

Thanks for the confidence boost. I really hope my I-130 is accepted. My wife is studying at the moment, so there is no way she can move to London for another 2 years, which is why I'm having to pursue this option!

wario75

Hi,
Yes, we placed a service request back on 5th August. We were told the case would be expedited and we should hear something within 45 days.

I sure hope your theory holds true for me!

Thanks for responding.

wario75

Jeff,

The greencard was issued after the divorce was finalized, and at marriage was only 4 months. Had we been together at least 2 years it would have been a different matter. As I was no longer married come the Adjustment of Status interview, I was effectively attempting to adjust status without a sponsor.

I met my wife in May 2007, or almost two years after separating from the ex. We had been dating for almost 2 years before marriage, so there's plenty of proof for any immigration officer we had a legitimate relationship, and the fact that we've both made countless flights back and fourth to visit each other since I left the US. I hope this all brings some credibility to my case.

ian-mstm

Sadly, what you call "plenty of proof" may, to an immigration officer, simply demonstrate your willingness to go to any lengths to create a favorable situation for yourself. *I* don't believe for a minute that this is what happened, but this is how an immigration officer might interpret these events. US Immigration is not known for its understanding or compassion.


I hope it does. Good luck to you.

Ian

jeffreyhy

w,

Thanks for the explanation, I understand what happened to you now.

I agree with I about "plenty of proof for any immigration officer". Sometimes people's 'proof' can be a double-edge sword - what appears to be evidence of a bona-fide relationship from their point of view can appear to be something entirely different from an immigration officer's point of view. As with fine dining, the presentation is as important as the food itself.

Don't get paranoid, but do be aware.

Regards, JEff

wario75

Jeff - I hear ya. We are putting all our eggs in one basket here, as we don't really have a Plan B if this doesn't pan out. My ex-employer in the US filed an H1B for me last year, but unfortunately my name was not chosen in the lottery. I suppose my only other option might be get my current employer to transfer me to their US office on an L-1. Frankly, I can't deal with any more USCIS paperwork!

One question: come interview time, can my wife be present with me?

Thanks!

wario75

Thanks Ian. I suppose as a first step I simply need to wait for approval (or not, if the case may be) of the I-130 (NOA 2) prior to handoff to NVC.

jeffreyhy

w,

Some consulates permit it, some don't. I don't know what the policy is at the consular section in London but I can tell you this anecdote - at the consulate where my wife interviewed they do allow the petitioner to be with the applicant at the interview. But at my wife's interview the first thing the interviewer said was to tell me to go have a seat in the waiting area!

In any event, you should both remember that it's your interview not hers.

Regards, JEFF

meauxna

There are still 20,000 H-1Bs left for this year.. a third! There is no lottery this year. Of course, there's not a lot of jobs either...

An L-1 is nice; you still need to get to green card then, but you can do so through work or the marriage.

In London, the USC spouse may attend (you need to tell them beforehand but you'll get an oppt'y) but as JEff points out, she probably won't be allowed at the counter with you. For the entire 2.5 minutes of the interview, that is.