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Offline Stupified  
#1 Posted : Thursday, September 12, 2013 4:40:20 PM(UTC)
Stupified

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Joined: 9/12/2013(UTC)
Posts: 3
United States

Petition for spouse receipt dated January 31, 2013. Soon it will be eight months and the online case status is stuck in "initial review". Meanwhile, spouse, a lifelong advocate for human rights, has job offers at two prominent universities, which are currently being jeopardized by the delay in processing our case. Spouse has nothing questionable in background; only upstanding and fine accomplishments.

Spouse is awaiting notification of interview while living in an EU Member State as children and I live in USA. The hardship brought on by the separation of our families is growing.

Two calls to USCIS Customer Service and one call to National Visa Center/State. USCIS says they're not the issue; State says it's not the issue. Neither will give information.

To say we are frustrated by the unfair and degrading treatment that these delays bring would be an understatement.

Do we:

1. Write letters to USCIS?
2. Write letters to members of congress in our home state?
3. Schedule a meeting with a USCIS immigration officer at the field office?

Please advise how we can respond to these delays and try to bring about a decision.

Thank you.

Offline FK  
#2 Posted : Thursday, September 12, 2013 6:22:47 PM(UTC)
FK

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I hate to give you bad news, but you just have to wait it out. I am absolutely sure you guys will be approved soon, they are working very fast and the visa bulletin is current for your PD.
We are very lucky this year.
I also talked to my congressman months ago before we got approved, (who actually happened to be a very good friend of mine and he used to be head of Homeland Security) but even him couldn't make any progress on my case.
Talking to Uscis will not help you either, you can try to talk to a Tier 2. Officer, but I wouldn't recommend that either, you don't want to piss them off :)
The best advice I can give you is to check your status every day, your day will come very soon.
I know it's frustrating and a lot of us are in the same shoes, but it looks like pretty much everybody will be approved in the very near future.
All the Best and be patient.


thanks 1 user thanked FK for this useful post.
Krunal Patel on 10/1/2013(UTC)
Offline soulmates  
#3 Posted : Thursday, September 12, 2013 6:32:10 PM(UTC)
soulmates

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Location: NJ

If she is in Europe why she does not travel to US in a visitors visa? She could not work but at least you guys would be together...
As FK said nothing you can do. I filed in Nov 2012 and still waiting.
Offline FK  
#4 Posted : Thursday, September 12, 2013 7:29:05 PM(UTC)
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Thats exactly what my wife did, came here on ESTA while we wait.
In this case you just have to be extremely careful, there is a possibility they might turn her back at the boarder protection.
On one hand they can see that there is a pending case, with the intention to immigrate, but since she is on ESTA (visitor visa) that only shows that she doesn't have any intention to immigrate. so this could be tricky...
if you guys go this way just make sure she's got the papers from her work place in Europe, a flight ticket back home just simply be prepared.

Offline walfredo  
#5 Posted : Friday, September 13, 2013 5:16:47 AM(UTC)
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Any possibility she can get a work visa (Employment based)? I suppose the I-130 still needs to process for that to happen. If she came to the US on a tourist visa, there may be a possibility she can file an AOS (adjustment of status). Sorry for your situation, I thought the USCIS was more prompt with issues of US citizen spouse. I dont think it should take 8 months to process I130...

Once the 1-130 gets processed (USCIS) your interview (NVC consular processing) shouldnt be far off. Im not familiar with how the spouse visa process works, only family based, but the current cutoff date of sept 13 should allow your spouse to immediately go through consular processing.

As far as your options, I think the problem lies with the USCIS as they are the ones who process the i130 form, not the NVC (from what I understand)
Offline Stupified  
#6 Posted : Saturday, September 14, 2013 3:15:36 PM(UTC)
Stupified

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Joined: 9/12/2013(UTC)
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United States

@walfredo: That's what makes this so hard to understand. I thought spouses of US citizens have the highest preference and would sail through the system.

@FK: She was already in country on a tourist visa but returned on the advice of our attorney when the visa period expired. Our attorney is concerned about the appearance of fraud, so she remains in her home country waiting for news.

@soulmates: November 2012? Have you had any communication at all from USCIS? We haven't heard a peep from them. No requests for information. Nothing.

Does anyone have an idea why Homeland Security is taking so long? I understand the visa data is more about the State Dept consular processing, right? But Homeland Security has to timeframe.

What makes this stink even more is that it took me a year to persuade her to move to the US. Now this mess...
Offline Soulmate  
#7 Posted : Saturday, September 21, 2013 11:00:26 PM(UTC)
Soulmate

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Joined: 9/21/2013(UTC)
Posts: 4
Hong Kong

hi my husband files i130 on 18aipril2013 for me. on 22 aipril 2013 we recieved there email stating that our case is accepted and is routed to national benefits centre for processing from that onwards our case status is initial review. could u please tell me how much time they will take to approve this?????
Offline Soulmate  
#8 Posted : Saturday, September 21, 2013 11:31:34 PM(UTC)
Soulmate

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Joined: 9/21/2013(UTC)
Posts: 4
Hong Kong

please reply me i am waiting eagerly. so please reply to my query
Offline Soulmate  
#9 Posted : Sunday, September 22, 2013 2:50:15 AM(UTC)
Soulmate

Rank: Newbie

Joined: 9/21/2013(UTC)
Posts: 4
Hong Kong

my husband is us citizen so please reply me AMAZON
Offline Stupified  
#10 Posted : Sunday, September 22, 2013 2:13:52 PM(UTC)
Stupified

Rank: Newbie

Joined: 9/12/2013(UTC)
Posts: 3
United States

We just received notice of the I-130 petition approved after generating 6 inquiries from members of congress over the past week.

@Kirandeep kaur: Now we are told it will take 4-8 weeks for USCIS to transfer the file to the State Department and another one month for the State Department to issue the visa. Altogether, our case is taking 9-11 months from the time of receipt to the moment when my wife can get on a plane to the USA.


Offline Soulmate  
#11 Posted : Sunday, September 22, 2013 9:36:10 PM(UTC)
Soulmate

Rank: Newbie

Joined: 9/21/2013(UTC)
Posts: 4
Hong Kong

Ok so u mean to say they will take atleast 9months. And like its been 5months we are in initial review for how much more time we will be in this step? And when i can expect my interview?
Offline Amazon  
#12 Posted : Monday, September 23, 2013 2:24:33 PM(UTC)
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Please see this blog post for approximate timeline:

http://blog.mygcvisa.com...ar-processing-steps.html

We will be adding NVC tracker by Sept 24.
Please remember to add your case to the GC tracker: http://www.mygcvisa.com/tracker
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