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  • Over 300 days no update on i-130 or 1-485

    A little background on my case:

    This is the second time I am adjusting status as the spouse of a US citizen. I got my first green card through marriage in 1999.

    I had it for 5 years but did not pursue naturalization because my home country did not allow dual citizenship and I was not willing to renounce my old citizenship. We moved back to my home country in 2004. In 2006 I gave up my green card as we were permanently settled back home. After living at home for several years my spouse became home sick and wanted to come back to the US and our kids were starting high school and we wanted them to go to high school here.

    My wife and the children came back to US and I stayed back home running our business and taking care our interests back there. I came over about 3 times a year to visit spending two or three weeks here on each visit and the family came back to home country during Christmas/end of year break. Long story short my marriage begun to suffer because I was mostly absent from the home and my oldest son started having behavioral issues because this. At this point we tried to figure out how best to address the situation but could not come to an agreement. Basically she wanted me to move back here permanently and I found this unreasonable and she would not listen to any of my ideas.

    By early 2016 my marriage had become really strained, my wife started to accuse me of infidelity/abandonment and filed for divorce. Anyway I can back to the US to try and save my marriage and family. We worked through our marital problems and she did not go through with the divorce. So in April 2017 I once again filed for AOS, I got my EAD at end of July and I have not heard from USCIS again.

    I recently started to pay attention to other peoples timelines and it seems that most people who filed after me are already receiving their green cards and I have no updates on my case since the case/finger print fee received update. What could be taking so long in my case?

  • #2
    I don't know how I could have survived with just seeing my husband 3 times a year so I understand her feelings of neglect. Did you expedite your case? You should do so. Maybe they we're investigating your previous legal status and someone probably forgot about your file. You should call your Congressman to have them expedite your case.
    Filed I-130, I130A, I-485, I-765
    Priority Date: 01/22/2018
    Date Received NOA Letters: 02/02/2018
    Courtesy Letter for i693: 02/20/2018
    Biometrics Done: 02/21/2018
    Interview(rec' approval letter): 05/31/2018
    EAD card in production: 06/02/2018
    EAD card in hand: 06/07/2018
    SSN card in hand: 06/09/2018
    GC approval/production notifications: 07/08/2018
    Card mailed notification: 07/09/2018
    I130 & I485 approval letters received: 07/09/2018
    GC in hand: 07/11/2018

    Comment


    • #3
      Originally posted by azblk View Post
      A little background on my case:

      This is the second time I am adjusting status as the spouse of a US citizen. I got my first green card through marriage in 1999.

      I had it for 5 years but did not pursue naturalization because my home country did not allow dual citizenship and I was not willing to renounce my old citizenship. We moved back to my home country in 2004. In 2006 I gave up my green card as we were permanently settled back home. After living at home for several years my spouse became home sick and wanted to come back to the US and our kids were starting high school and we wanted them to go to high school here.

      My wife and the children came back to US and I stayed back home running our business and taking care our interests back there. I came over about 3 times a year to visit spending two or three weeks here on each visit and the family came back to home country during Christmas/end of year break. Long story short my marriage begun to suffer because I was mostly absent from the home and my oldest son started having behavioral issues because this. At this point we tried to figure out how best to address the situation but could not come to an agreement. Basically she wanted me to move back here permanently and I found this unreasonable and she would not listen to any of my ideas.

      By early 2016 my marriage had become really strained, my wife started to accuse me of infidelity/abandonment and filed for divorce. Anyway I can back to the US to try and save my marriage and family. We worked through our marital problems and she did not go through with the divorce. So in April 2017 I once again filed for AOS, I got my EAD at end of July and I have not heard from USCIS again.

      I recently started to pay attention to other peoples timelines and it seems that most people who filed after me are already receiving their green cards and I have no updates on my case since the case/finger print fee received update. What could be taking so long in my case?
      Hi, any updates?
      Filed I-130, I130A, I-485, I-765
      Priority Date: 01/22/2018
      Date Received NOA Letters: 02/02/2018
      Courtesy Letter for i693: 02/20/2018
      Biometrics Done: 02/21/2018
      Interview(rec' approval letter): 05/31/2018
      EAD card in production: 06/02/2018
      EAD card in hand: 06/07/2018
      SSN card in hand: 06/09/2018
      GC approval/production notifications: 07/08/2018
      Card mailed notification: 07/09/2018
      I130 & I485 approval letters received: 07/09/2018
      GC in hand: 07/11/2018

      Comment


      • #4
        Originally posted by kaylip View Post
        Hi, any updates?
        I believe azblk breezed through interview already. https://www.immihelp.com/forum/showt...445#post562445

        Comment


        • #5
          Originally posted by UScitizenFilingforspouse View Post
          I believe azblk breezed through interview already. https://www.immihelp.com/forum/showt...445#post562445
          Haha! Thanks
          Filed I-130, I130A, I-485, I-765
          Priority Date: 01/22/2018
          Date Received NOA Letters: 02/02/2018
          Courtesy Letter for i693: 02/20/2018
          Biometrics Done: 02/21/2018
          Interview(rec' approval letter): 05/31/2018
          EAD card in production: 06/02/2018
          EAD card in hand: 06/07/2018
          SSN card in hand: 06/09/2018
          GC approval/production notifications: 07/08/2018
          Card mailed notification: 07/09/2018
          I130 & I485 approval letters received: 07/09/2018
          GC in hand: 07/11/2018

          Comment


          • #6
            Originally posted by kaylip View Post
            Hi, any updates?
            I had my interview last Friday 04/06/2018. The interview went well and i-130 status actually updated online to approved the day before we went to the interview.

            The IO seemed seemed unsure about me giving up my green card and said I might still have permanent residence. I explained to him that I would not have gotten a 10 year B1/B2 visa if i was still a permanent resident and that even if i got the visa in error - my extended stay out of the country voided my green card anyway.
            Long story short he said he could not approve the i-485 at this time and held the case back for a review so its back to waiting again.

            Comment


            • #7
              Originally posted by azblk View Post
              I had my interview last Friday 04/06/2018. The interview went well and i-130 status actually updated online to approved the day before we went to the interview.

              The IO seemed seemed unsure about me giving up my green card and said I might still have permanent residence. I explained to him that I would not have gotten a 10 year B1/B2 visa if i was still a permanent resident and that even if i got the visa in error - my extended stay out of the country voided my green card anyway.
              Long story short he said he could not approve the i-485 at this time and held the case back for a review so its back to waiting again.
              Azblk,

              may I ask, why didn't you consider the SB-1 returning resident visa? https://travel.state.gov/content/tri...-resident.html

              This other document might be of interest to you. "How Permanent is Permanent Residence?: Abandonment of LPR Status" https://cliniclegal.org/sites/defaul...R%20Status.pdf As it turns out, it's not black and white. It's a quick read. 6 pages. It's possible to remain outside of the US for longer than two years and not abandon LPR status. Regular visits to the US by an LPR whose real residence is in another country will not protect that person from a finding of abandonment.

              Either way, congratulations! You're going for the 10-year green card.

              Comment


              • #8
                Originally posted by UScitizenFilingforspouse View Post
                Azblk,

                may I ask, why didn't you consider the SB-1 returning resident visa? https://travel.state.gov/content/tri...-resident.html

                This other document might be of interest to you. "How Permanent is Permanent Residence?: Abandonment of LPR Status" https://cliniclegal.org/sites/defaul...R%20Status.pdf As it turns out, it's not black and white. It's a quick read. 6 pages. It's possible to remain outside of the US for longer than two years and not abandon LPR status. Regular visits to the US by an LPR whose real residence is in another country will not protect that person from a finding of abandonment.

                Either way, congratulations! You're going for the 10-year green card.
                When I gave up my original green card in 2006, my understanding was it was done and over with. I got a B1/B2 visa right after and used it several times a year in the last 10 years with no incident. The first time I heard that I may have not properly terminated my I-1551 was on Friday during the interview, almost all questions where about that plus the usual YES/NO questions.

                Comment


                • #9
                  Originally posted by azblk View Post
                  When I gave up my original green card in 2006, my understanding was it was done and over with. I got a B1/B2 visa right after and used it several times a year in the last 10 years with no incident. The first time I heard that I may have not properly terminated my I-1551 was on Friday during the interview, almost all questions where about that plus the usual YES/NO questions.
                  Gotcha. So you did give it up. Interesting the ISO would say that. There is a N-407 Record of Abandonment of Lawful Permanent Resident Status you submit to give it up voluntarily. https://www.uscis.gov/i-407 did you submit one? But even if you didn't, why hold you up if it does not change the outcome?

                  Comment


                  • #10
                    Originally posted by UScitizenFilingforspouse View Post
                    Gotcha. So you did give it up. Interesting the ISO would say that. There is a N-407 Record of Abandonment of Lawful Permanent Resident Status you submit to give it up voluntarily. https://www.uscis.gov/i-407 did you submit one? But even if you didn't, why hold you up if it does not change the outcome?
                    Yes i completed one and turned it in at the embassy in Kampala. What happened was on a previous trip to the US, I was sent to secondary inspection and was accused of using the green card as a border crossing card blah blah.
                    Basically i was told that if that if I wanted to keep my green card I would have to permanently live here and at that time we had no such intentions for the foreseeable future. So when I got back home rather than risk being stopped or refused entry on a subsequent trip I decided to abandon the status and get a b1/b2 visa instead.
                    On the hold up - my understanding is you cant get a green card if you already have one. Anyway at this point nothing much I can do until a decision is reached.

                    Comment


                    • #11
                      Originally posted by azblk View Post
                      Yes i completed one and turned it in at the embassy in Kampala. What happened was on a previous trip to the US, I was sent to secondary inspection and was accused of using the green card as a border crossing card blah blah.
                      Basically i was told that if that if I wanted to keep my green card I would have to permanently live here and at that time we had no such intentions for the foreseeable future. So when I got back home rather than risk being stopped or refused entry on a subsequent trip I decided to abandon the status and get a b1/b2 visa instead.
                      On the hold up - my understanding is you cant get a green card if you already have one. Anyway at this point nothing much I can do until a decision is reached.
                      That makes sense. What doesn't make sense to me, is holding up adjudication of your case. The purpose of the interview is to confirm the marriage was entered in good faith and that it is a bona fide marriage. Done. Sometimes ISOs get sidetracked. You'll know soon enough. You didn't skip any steps, either. So that's good.

                      Comment


                      • #12
                        Complicated case
                        Filed I-130, I130A, I-485, I-765
                        Priority Date: 01/22/2018
                        Date Received NOA Letters: 02/02/2018
                        Courtesy Letter for i693: 02/20/2018
                        Biometrics Done: 02/21/2018
                        Interview(rec' approval letter): 05/31/2018
                        EAD card in production: 06/02/2018
                        EAD card in hand: 06/07/2018
                        SSN card in hand: 06/09/2018
                        GC approval/production notifications: 07/08/2018
                        Card mailed notification: 07/09/2018
                        I130 & I485 approval letters received: 07/09/2018
                        GC in hand: 07/11/2018

                        Comment

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