US Citizen Filling For Husband I-130 Taking Forever!

[olivares]

I submitted a petition I-130 for my husband March of 2013. Received a receipt like 2-3 months later. I'am a US citizen and my husband lives here in California with me. Our case was transferred to Nebraska in December of 2013. I check the case status frequently on the USCIS website and it has been in "Initial Review" for almost a frequent year. It also clearly on letter of "Notice Of Transfer" stated to contact them after 60 days of received transfer notice if not approval has been sent yet. I spoke to our lawyer today and they said to wait two more weeks that the approval should be mailed soon. I'am so confused as to why it almost took a year just to get approved? Can anybody please help me.

Thank You in Advance

[rayb]

How did your attorney come up with a "two more weeks" assessment? He must have had some basis, unless he was just buying time.

If you are doing a conversion (with I-485 at same time), an interview in almost anywhere in California should have been in 6-8 months.

--Ray B

I submitted a petition I-130 for my husband March of 2013. Received a receipt like 2-3 months later. I'am a US citizen and my husband lives here in California with me. Our case was transferred to Nebraska in December of 2013. I check the case status frequently on the USCIS website and it has been in "Initial Review" for almost a frequent year. It also clearly on letter of "Notice Of Transfer" stated to contact them after 60 days of received transfer notice if not approval has been sent yet. I spoke to our lawyer today and they said to wait two more weeks that the approval should be mailed soon. I'am so confused as to why it almost took a year just to get approved? Can anybody please help me.

Thank You in Advance

[olivares]

Hello Ray,

I do not know how he came up the two weeks? Also I'm not sure if our lawyer filled a I-485. Our receipt number starts with MSC. Also I checked the process times online for Nebraska and it says 9 months of processing.

[rayb]

If you don't know if your attorney filed an I-485, why not? If your husband is in the U.S. and you are a U.S. citizen, and the I-485 was not filed, your time is being wasted. Didn't you have an agreement with the attorney about what services he was providing?

You need to find out what the attorney submitted for the money you paid him. He may be a very good attorney, but it sounds like communication between you and him is not as it should be. In my experience, there are many good immigration attorneys ( **** **** ** in Los Angeles, for example), and many hacks ( look on the internet) who would be more productive filling gas tanks in Oregon.

Many law school students are directed to immigration law because they know one can charge a Mexican or Filipino overstay $5,000 or $10,000 (in monthly payments) and keep the money tree going for several years. On the other hand, there are many good immigration attorneys who cut their teeth working for INS years ago and would rather tell some prospective clients that they aren't eligible if they aren't eligible, instead of taking money for procedures that won't work.

I apologize for the diatribe, but I've recently seen the results of bad legal work that kept clients hanging for two years because the work was delegated to an office clerk by the attorney, and the office clerk didn't have a clue about how to move processing from one consulate to another.

--Ray B

Hello Ray,

I do not know how he came up the two weeks? Also I'm not sure if our lawyer filled a I-485. Our receipt number starts with MSC. Also I checked the process times online for Nebraska and it says 9 months of processing.

[olivares]

Ray,

Thank you very much for the knowledge. I just couldn't stay with the doubt and I just got off the phone with my lawyer and he said the I-485 does not apply to husband because we have to submit a waiver because he came into the US illegally and has been here ever since. Luckily, he was not caught and does not have fingerprints with border patrol. But is here illegal since 96. My lawyer says this is the first step after our case gets approved then he will move further on with filling I-485 and I-796.

[rayb]

That's more realistic. Your attorney is suggesting a rather risky approach, as the waiver can't be submitted (normally) until or after your husband is interviewed, and he may have to be interviewed in his country of origin

--Ray B

Ray,

Thank you very much for the knowledge. I just couldn't stay with the doubt and I just got off the phone with my lawyer and he said the I-485 does not apply to husband because we have to submit a waiver because he came into the US illegally and has been here ever since. Luckily, he was not caught and does not have fingerprints with border patrol. But is here illegal since 96. My lawyer says this is the first step after our case gets approved then he will move further on with filling I-485 and I-796.

[olivares]

Ray,

Yes, I know its pretty risky and we will have to wait and see if first we he gets approved and then start on the waiver.

[marcovida77]

US Citizen Filling For Husband I-130 Taking Forever!

I agree with rayb with all that he submitted to you. I would suggest requesting a copy of everything your lawyer sends to uscis to also give to you for your records so you know what and when and how it was submitted !!!! Don't risk not knowing what platform you are standing on when it comes to this. Good luck