EwanGatherer

Hi

Since this is the first time we are posting on this forum, we would like to give you a bit of background to our situation. Like many others posting here, we have been enjoying our long distance relationship for about 18 months. When we decided to get married we thought the most effective way to get the Fiancé Visa was to use an immigration lawyer, however in all honesty we have yet to see any benefit of using this expensive process.

Our situation is I am the beneficiary and a British citizen living in Sweden, my fiancé is a US born citizen living in Nashville, TN. We filed our I129F petition on November 15 2002, with a 1st NOA date of November 18. We are still awaiting our 2nd NOA.

In our initial consultation with the lawyer, we were led to believe that the total processing time would be 90-120 days before the visa was issued. On top of that we knew that we had 90 days from date of entry to get married. So we set the wedding date for April 12. Can anyone offer any advice on whether we should postpone the wedding? Our lawyer seems very non-committal about this point. Is it sensible to enter the US on a Visa Waiver and get married anyway? What complications might we face by doing this?

From the last conversation we had with our lawyer it looks as if this date is not realistic. He mentioned that the Texas Service Center has processed up to October 10 (if I recall correctly) and that over the last month he has seen no movement on any cases. His assumption is that the TSC will not be processing any other cases until after they have moved to the department of homeland security. Can anyone shed any light on this?

Lastly, we wanted to ask your opinion on what steps we can take to move this forward. We have considered sending letters to both our senator and congress rep. Has anyone had any luck with this approach, and if so what was your key to success? Any alternatives are welcomed.

If you are still reading this far, we would like to thank you for your time. Any responses are greatly appreciated.

Troy

Hi Ewan,

I can assure you that you will need to postpone your wedding. There are people with NOA1 dates of mid September who are still waiting. While the AILA report shows that the TSC is processing cases through 10/11/02, this is simply not true at all. They stopped processing these cases months ago. We all continuously are led to believe that the TSC will begin processing through sharing by 3rd party information. However, we are all continuously let down. The latest news is that the TSC will process after March 1 or after March 9, but who really knows. We have been lied to so much and collectively treated rather poorly. Yes. I am sorry to inform you that spending your money on an attorney could have been better spent.

meauxna

2 suggestions:

See if you can get a refund from the attorney (well, one can dream, right?) and use the $$ to have the USC fly to Sweden and marry, file I-130 with Consulate and return (if necessary). Alien spouse flies over (sometimes as fast as 22 days) and receives 'Green Card' upon entry. No further adjustment filing required until removal of conditions. April wedding goes forward as your public ceremony (already legally married). Read about it here: http://k1.exit.com/dcf.html

Search group archives from past 6 weeks to see what complications can arise from entering as a tourist with the intent to marry and stay and adjust status. MANY complications.

Rete

Excellent advice. Just what I was thinking of writing.

One suggestion, however. Since he is a UK citizen and not Swedish, call the US Consulate and be sure that he is eligible to use the US Consulate in Sweden for direct consular filing.

Rete

Scout

OK............now I am intrigued.....Pete and I are leaving for the UK in a couple of weeks......Now we were thinking about going to Spain for a few days anyway..........let's just say hypothetically that we get married in Spain, do a DCF........... from the info I am seeing at Doc Steens', I don't see where it says that he has to be a Spanish Citizen. An experience by someone who has done DCF with a Spanish husband said they got ther visa in just a few weeks. Pete could easily fly back into Spain to take the physical and have his interview and the site says I do not have to be present for either....Technically, does this mean we could get married in Spain? File DCF, me go home and Pete join me a few weeks later rather than waiting for the INS at the TSC to get their act together and give us our 2nd NOA? I know Pete and I could get married tomorrow here in the States since he is already here & since we had no intent to marry on his current visit. It could mean we would probably not be able to go to the UK in a couple of weeks because of the slow pace of the Advanced Parole, but I am looking for anyway to do this legally and not spend weeks or months apart again. In other words, I am looking for a loophole. Besides, Pete is homesick and marrying in Spain is well....................romantic as all get out, lol.

Cheers,

Leslie

mavengirl

ummmmm you better strap in and wait for the long haul. i have been waiting almost five months for TSC to get their act together and i am not waiting no mo! my fiance is in sweden and i am moving here instead, better health care, no war, lower rent, and so on... and the best thing...... i only have to fill in like 2 or 3 forms (none in duplicate!) no money, a wee bit of proof, no afidavit of support blah blah blah. all the swedish government cares about is if we are serious and love each other. this wasnt an option for me at first...... but after 5 months of waiting and what looks to be even more waiting......i can live without some of my homeland things. (they have burger king here... i'm happy)
i called my congress people at 90 days, they keep telling me different things..... i called Jan 2nd, i was told my case would be worked on Jan 15, now i am being told not til March 1st!! my first NOA was Sept 26. i started losing my damn mind ( as im sure everyone else is that is dealing with these INS turds is) ever since i made my decision to switch over, i feel like a huge load is taken off my shoulders. I know everyone cant do it, it will be hard for me to do it, but if you can..... do! save your sanity

Folinskyinla

Hi:

For those of you who follow this NG, you know that I don't like to give time estimates -- I'm always wrong. If the attorney was smart, her retainer agreement includes a paragraph that no guarantees are made and that there are circumstances that the attorney has no control over.

I, for one, give no time estimates -- but I do tell people what INS is saying and what my LAST case took. I'm quite careful to NEVER guarantee time -- but people hear it anyways.

Rete

For the record, my comment was not pertaining to the comment on requesting a refund but on the DCF from Sweden.

As a legal sec, I know that attorneys cannot be held liable for the inconsistencies of the INS. What might have been the timeline at the time of their retainer, obviously changed, through no fault of the immigration office he used.

Rete

AndysGirl

HI Ewan!

Sadly to answer your question with a 'yes, postpone the wedding.' My wedding date is set for May 31. We are waiting until March 20 to make a decision whether to postpone or not. This gives me right at the last minute to order invitations if we are approved.
I know it sucks. What Im going to do is ask all the people, i.e. caterer, reception hall, florist, photographer, dj, etc. if I could hold my deposit and reschedule for a different date. If this happens, we have to find a date that every vendor has open!!! As if it wasnt hard enough booking the first time with all of them.
It seems like everyone has done everything we can, writing congressman, senators, protesting, but sadly it seems the TSC are winning. I hate to think that. But they are making my life and a lot of lives a living hell.
Good luck with everything. Maybe some miracle of sorts will happen and you might get processed before the 12th! who knows anymore.

Robin

meauxna

Leslie, when we were first exploring our options last year, we thought the same thing. My parents were living in Spain at the time and it seemed a great way for us to all be together for the big day.

Investigation into marrying in Spain turned us away. I don't remember the details right now, but it would take close to 2 months of residency in Spain (IIRC) to complete the marriage there. Much paperwork and we would still need the Free to Marry paper from the Embassy (not near where my folks live). Even getting married in Scotland was going to take 2 weeks minimum (expensive hotel stay).

You might recall that my DAH is a UKC but was living in Greece (for the previous 7 years). Under EU law, he is/was able to live freely in the EU, so the Consul was willing to take our case (they were surprisingly un-picky about my residency, even tho I'm a USC).

The DCF in Spain also required setting up camp there for an extended period of time, at least for the alien. The USC could go back after filing the I-130, if they will accept it. I believe they were on a three month timeline at that time. If you think the US is beaurocratic, Spain is *intensly* so.

Since you're looking for a loophole (DUCK! Here it comes!), remember that marrying now and Tourist Adjusting is *not* illegal at this point (based on what you've said) and it IS a loophole that would achieve your objectives...

*I* certainly won't think less of you if you do it

Now, if your Pete wants to take a language course or something is Greece, and you accidently go visit him, I'd be happy to help you around *that* Consulate. 33 days..... <g>

EwanGatherer

I just want to thank everyone for all there responses and kind words. We have a plan about how to make this work by marrying and doing an AOS - since I am in the US at the moment. For more, see my other post.

Thanks again!!

Scout

Thanks Meauxna. I think I kind of figured we wouldn't be able to do anything romantic, lol.......like getting married in a romantic place like Spain......as to the getting married at the spur of the moment........we would more than likely have to give up our airline tickets to England for March 10th because Pete couldn't get AP fast enough ..........I want that trip and I know Pete is homesick...........I guess we'll just endure another separation.......hopefully the INS will get it together and start approving the I129f's soon and it will only be a few weeks or a month that we have to be apart.

Cheers,

Leslie

meauxna

Dang! Wish you could've traded me out your tickets so the DAH can pop over and see his mum. I will be working the aformentioned *2* jobs (and I haven't seen any laments for the end of my work-less-ness!!!).

Hope your Pete won't be homesick living over here. Just tell him to bring his own Marmite (ack) back; the prices here are scandalous!

Just had a thought...in the UK, plenty of tour operators set up Greek weddings (which are also v. beaurocratic) ahead of time for UKers. Does such a thing exist for Spain? Hmmmm, might be worth a google or two...
Fingers crossed for a quick and happy approval!

cindyabs

I can see it in lights now, "My Big Fat Spanish Wedding" !!!

Scout

LOL Cindy!

Cheers,

Leslie