BigT103

Guys, this is more of a rant than a question but I am trying to be patient (not my forte) I’m currently waiting for the I-824 to be approved so they can send my approved I-130 petition on to the NVC where it should have gone in Aug 2017 but my lawyer messed up the I-130 and wrongly filed as an AOS and not for consular processing.

So after waiting exactly 6 months from the beginning of November 2017 I find myself still waiting, the original processing times were 3-6 months and when the USCIS upgraded their website their new system shows between 7.5 – 9.5 months, I’m getting extremely tired with this whole process and really want to be at home with my wife in the US, this is crippling me

Noorah101

I'm so sorry. I didn't go back to tread previous threads, have you gotten a congressman/ senator involved?

Teehee

BigT103

Hi Rene, we did try and contact 2 congressmen however after several emails, nobody came back to us, so we gave up on that approach and decided to wait it out but it seems like it's never going to end.

Rete

I know you have said you have contacted two of your representatives. I went and looked up who your California Senators and Representatives are. Your Senators are two very heavy hitters and I don't know if they would be will to help, but they are liberals so I can't see that they wouldn't be of assistance.

Did you or your wife just email them? Or did you complete the immigration form on their website or the advance authorization form giving them permission to check your case?

Here is from Huffman's website for example:

https://huffman.house.gov/services/immigration

General emails will not be answered and/or directed to the correct place. Let us know how you have contacted them.

Rete

Your next option would be contact a new immigration attorney and see what they suggest is the best way to handle this. I can see that an immigration attorney's contact with the USCIS might jar the petition loose or you might have to refile a new one.

tom169

It is possible for an attorney to mount a legal challenge to the USCIS to force a decision to be made. It might be applicable if this goes on and all your government representatives won't help.

Writ of mandamus I think.

BigT103

My wife is reluctant to keep trying with senators and congressmen, so that wont be an option.

So do you guys not think my I-824 form will be processed? I thought it was a pretty standard form and just had to wait like any other petition, or is that not the case?

Noorah101

If it's a standard form, I don't see why it wouldn't be processed eventually. No idea when, though.

I forget, did you involve an immigrating attorney yet? That would be my next step, I think.

Rene

BigT103

We do have an immigration attorney, unfortunately he was the culprit for the incorrect answer on our I-130. As we have already paid him in full we want to get our moneys worth.

tom169

Might be time to unfortunately soak the cost of a new (competent) attorney.

BigT103

I have thought about it Tom however I can't see that hiring a new attorney would speed anything up.

Rete

Unless your header was only an attention getter, then you appear to be on the edge of taking your own life because of the needless wait for resolution of the problem.

Is money or making a pest of yourself to a congressperson worth attempting to find resolution? In my eyes, it is worth every penny and every attempt at getting political intervention. An inquiry by someone other than yourself or your wife is apt to bring attention to the fact that the I-824 is languishing on someone's desk waiting to be worked on.

Being proactive is sometimes the only way to get results. The use of the I-824 is a rarity on the forums so knowledge of timeframe, etc. is virtually nonexistent.

BigT103

I think you're correct, spending money or making a pest of myself to a congressperson is worth attempting to find resolution however this is not my petition, it's my wife's.

Rete

True but you are the beneficiary. This is not the K-1 which is a non-immigration petition but an immigration petition. The marriage is of two people so you have every right to ask for assistance. Frankly, if your wife is not concerned enough to make a fuss then perhaps it is time to re-evaluate the marriage commitment.

BigT103

I really don't appreciate your opinion on my marriage, you don't know me, my wife, the situation or the context.

My dad used to say "if you have nothing good to say, don't say anything at all"