biggish data

Update:

the trip to the local USICS office was totally useless. I had the same person that I had last year that told us we could use an I-90. Of course that was not remembered. There was absolutely NO effort to understand my situation and not any effort, not even a slight effort to offer assistance. I have received better information on line than I received at the USICS today. The total session was under 10 minutes, there was not even enough concern or interest to ask to see my paperwork, although I let it be known that I had it all. (I had it all e-mailed to me just for this meeting.)

The last time we were there the last advice given by this person was that if we don't like the procedure we could always get a lawyer. Today, after I asked how I could escalate this process, to possibly the supervisor. The response was that I could always talk to my congressman about this matter. What is this for advice?

Posts:
I noticed quite a few post, again thanks..let me answer some of the questions in those:
I am considering DCF and think that is the quickest route, but it will have to be done in Germany where I will have almost no influence on the way it goes. As I am still a German residence (I think). That means, I have the unbefristete Auftenhaltserlaubnis (unlimited work and living permit), still own a house there (my older children live there still), pay bills there and bank accounts and am a registered business still with the finanzamt(IRS)and still file German income tax. (I work some contracts in various Eurpoean countries and payment is easier for the customer if the company is German.) Of course now my wife is stuck there so she officially is again a resident there too. Our intention is to be permament in the US but maintain close ties to Germany, maintain the house etc.. so that we can visit the kids, family and friends often. Germany will be like a second home. (That will really confuse the government burocrats in a few years.)

To the post that mentions that we will need to maintain her primary resident in the U.S., that is understood now, and is no problem because just as in Germany, we have a house, own property, have children here also in school, as well as all of the bill paying :-( and bank accounts in the U.S. and of course file US income tax, although up to now most income has been exempt.

Mustafa, thanks for the input and you are right. Unfortunately a he said/she said against the government is a no win situation. Ignorance of the law is no excuse, and I don't see much prospect of any decision maker using common sense and overuling that.

Next step:
A consultation with an attorney is next on the agenda, and also my wife is going to consult an attorney in Germany.

In General:
I don't mind the paperwork, fees etc... but the waiting times are totally unacceptable. Where is our government on this. This is 2010, we have computers. This is prehistoric. It was faster in 1990 when we did this process the first time. Luckily when my wife and I met we were in the same country in Europe and I was assigned there for a few more years so there was no separation as I have seen and read about in this forum. Why does our government think it is acceptable to more or less force people to live apart from each other. Should love be limited to people of same citizenship. (Sound like a case for the ACLU.) Who is in charge of this agency? Can't they do this more humanely? Let the people live together in the states. They could make the couple show up once a month to the local USICS office or something like that to make sure nobody is using the system incorrectly. C'mon on. This is a joke that most American don't even know is happening.

Again, thanks for all of the information.

wshc

Male

Germany

2010-07-16 16:32:00

thanks for taking the time to help,

I meant to say that the I-130 will be filed and then the rest as you listed so well. I hope that I will be able to submit the I-130 today and somehow expidite the process.

Another questions - it has been suggested that form IR1 or CR1 is one way to go. After checking on that here:

CR1 Info Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative.

This would appear to be a way to allow my wife to enter the country so that we could then complete the paperwork. Is that correct?

(But then at the POE she may still be denied entry?)

I hope the local USCIS office can help in a few hours. btw.. I have made initial contact to a lawyer so I will see how that can help soon I hope.

wshc

Male

Germany

2010-07-16 09:59:00

Update -

my wife had no luck in Frankfurt in getting some type of permission to come to the states to do the paperwork. Although they were helpful and professionally friendly, no way Jose. Opps, (no pun intended).

Our only recourse according to them was to start with the I-485 process. The reason the I-90 was denied was because with the abandoment of the Greencard, there was nothing to extend, and all arguments are just academic because fact is the I-90 was the wrong form and wrong direction. (Doesn't matter if the local office said we could do that or not.)(I also wonder how the I-90 application made it as far as it did. Didn't someone review the form for plausibility before the fee was accepted?)

I have an appointment at the local office in a few hours to start the process. My wife of course will not be allowed to enter the US until that is complete, so the questions, is there any way to expedite that process. I think I know the answer, but would appreciate any advice or tips on increasing the time to process the I-485. My kids are coming back from their vacation in Germany in a few weeks to start school here in the states, and they (as well as I) really need my wife here for all of that.

Would a congressman's intervention be a possibility, as suggested in one reply?

Thanks again for all of the input.

wshc

Male

Germany

2010-07-16 09:10:00

First, let me say many thanks for all of the input and advice. It is greatly appreciated. Yes I know we lived out of the country for 17 years and we knew the greencard did expire. But we thought "Permanent Resident Status" was just that. Permanent, and the card just expired. Some of this assumption was based on my reading of "Form I-551, Permanent Resident Card, Renewal Policy and Procedure—Final" which can be found here: Permanent Resident Card, Renewal Policy and Procedure—Final
Starting on page 19 of this document is the important information in this case: (Here is a short passage from that document.)
Inspectional Process and Procedure for Expired Forms I-551
At Land Border Ports-of-Entry (POEs), Seaports, and Airports
Officers who encounter an arriving LPR in possession of an expired 10-year Form I-551
will advise the LPR of the need to renew the card and will furnish the LPR with the Form I-90
(unless the LPR states that he or she already is in possession of the Form I-90). No further action
must be taken.
Careful determinations must be made, however, regarding whether the alien has
abandoned his or her permanent residence, especially if it is determined that a Form I-551 has
been expired for more than one year, and no current naturalization application is pending.

So while living in Germany, (never planned to stay there so long but sometimes life changes plans), we saw that the Green Card could be renewed once we returned to the states, that seemed like a procedure that was trouble free. We had no idea that a "Permanent" anything would be anything but permament. We are guilty of stupidity but not fraud.

So for some more specifics, as has been asked for, here is some more information:
Quick review:
My wife issued green card in 1990. We lived in the states at the time after being married in England in 1986. We moved to Germany in 1992, (job with a German Company). We lived our life normally with intentions of returning to the states one day, when the time was right. In 2008/09 the Germany company I was working for decided to open a US office and I moved to the states (alone) to open the office. With the 100 hour weeks etc. of starting a new business office, I was not doing very well on the topic of finding a house and the other things to get the family moved over at the planned time of August 2009. So we decided that my wife would come over in May 2009 for about two weeks to find us a house, sign the kids up for school etc.. Mainly based on hersay we just presumed that she could use the ESTA, VWP for entry for those two weeks, and that worked fine. Upon her arrival with our three younger children, (our four older children are remaining in Germany, they are adults now)she was send to secondary at the Port of Entry in Chicago. That is where she signed the form "Abandoment of LPR Status". We all know how these integorations (interviews) go. Also she was concerned about the children, which wern't even allowed in to Secondary but were waiting by baggae claim scared to death. So she signed the form, seeing no other alternative but deporatation without the children. There might not have been an alternative, I still think the application of that law is not legal and would not hold up in a court if ever tested.

Anyway, she was allowed to continue on to be with me at our new house. (After all of this, I am wondering what was her status officially then at that point? If she was considered a tourist under the VWP, then why didn't they check her return flight. I think they gave us a break on that but I am not sure.)

After we got settled in etc.. (about three weeks later) we made an appointment at our local USCIS office to see what steps we needed to take. We were adviced that we had two options, go through the Green Card process again from the very beginning, or to use form I-90. I thought that was strange advice with two very different options. Of course we went the I-90 route because of various resasons such as time and money.

The paper work was promptly filed. Confirmation was received and a biometrics process was even completed. After over 5 months of waiting, we received a negative decision and the reason was: (not exact, my copy is in Germany with my wife)-
lack of evidence of a previous form I-551. Or greencard. Daaaaa?? Of course there was no Greencard to present because it was taken away in Chicago, BUT the abandoment form stating the status was abandoned noted that my wife was in possession of the expired Green Card and the officer kept that card. (But that is proof that the card existed.) This decision made no sense. We called the service number provided, and opened a case. The agent was very helpful and took all of the information. Our argument was that basically the decision was based upon a false assumption, or non-fact. We pointed out that the "letter of abandonment" was also provided with the form I-90 application and it clearly stated that the old Green Card existed. But again, what is this for a reason, there should be record of my wife's GreenCard in the system. Of course we provided here alien number and all of the information that anyone could ever want or use, so they had all necessary information. This call and decision took place the first weeks of June. During the call we also asked about traveling outside of the country and we were told that it was not a problem during processing of the paperwork. I do not have any of this in writing of course. (Sometimes country boys can be so stupid and trusting.)

So, now to two days ago. POE and sent to secondary. I was there this time, and we had all of the paperwork. The office could not find any record of our service call, although I provided him with the information. I suspect that they might not have access to that system. So all he had as the last action was the negative decision. They then said that my wife is denied entry because of: (I do have a copy of this so I quote:)

You have been determined to be inadmissible under section212(a)(7)(A)(i)(I) of the INA; an immigrant not in possession of a valid, unexpired immigrant visa because you overstayed your lawful period of admission on 2010 and you do not appear to be a bona fide traveler. You will be refused admission to the United States under the Visa Waiver Program and you will be returned to your country. you are now ineligible to use the Visa Waiver Program at any time in the future and you will be required to obtain a visa before you may re-enter the United States.

I hope this provides useful information. My wife's appointment at the Consular in Frankfurt is tomorrow so I hope someone there can straighten this out and get here back to the US.

Thanks again for all of the information, it is greatly appreciated.

wshc

Male

Germany

2010-07-15 18:29:00

(Sorry but I do not have the form numbers at this time, my wife has all the paperwork. Thanks to this process we are now 5000 miles apart.)

My wife and I married in 1986 in England. I am US citizen and she is German. We moved to the US, she had an imigrant visa at the time, and she received her Green Card in 1990. In 1992 we moved to Germany, where we stayed for 17 years. The card was expired. In 2008 my German employer opened a branch in the US, and I went there alone to start the office. My wife visited in May of 2009 for a 10 day visit to find us a house to move in to with the family (moved in August 2009). She traveled using an ESTA visa. No fraud intended, we just thought that is what we were suppose to do. In August 2009, she came to the states with the children, (they all have US passports) and at the Chicago port of entry, she was forced to sign an adandemont of LPR status. She was allowed to enter the country however, I don't know what her official status was at that stage . We promptly went to the local Immigration office and discussed the options. We filed for a renewal of her Green Card. Payment was received and she had her biometrics appointment. Then 3 months later we received notice that the application was denied because there was no evidence of the old green card, (which was kept by Customs Officer at the point of entry.) However, the abandonment letter clearly states that "the card" was confiscated, proving that a card did exist.

We opened a service call with the Nebraska Service center, received a number etc.. We had not received any answer, and we travelled to Germany for my son's wedding. Upon rentry yesterday, customs took up in to custody for over 3 hours and their decision was that my wife was denied entry and was sent back to Germany. (I had to continue because of work.)Her statement was taken on FormI-877.

My wife has an appointment Friday at the consulate in Frankfurt, but after reading through this forum, it doesn't look very good for any humane decision to come from the Immigration people.

Does anyone have any advice for us. We are at a total loss and our lives are temporarliy destroyed. We did everything the local immagration told us to do. We played by the rules, but the system in intent on keeping two hard working, tax paying people out of the country. (Okay, they are not doing anything to me directly, but any ban on my wife, and I am out of here. I have the German version of a Greencard (never expires) and I will go back there in a heartbeat if they do anything to my wife. Their loss, not mine. Yes, I have an extremely bad attitude, especially when people going by the rules are treated like criminals, and the truly illeagals are given a pass and probably amenesty.)

Please help with any advice you may have.

Thanks

wshc

Male

Germany

2010-07-15 01:55:00

HELP!!!!!

I am not sure where you or your husband are, but if one of you are in the USA, call your congressman. This is a case where they might actually be able to help. They can cut through the red tape and get to someone at the USCIS that can maybe get your passport back.

wshc

Male

Germany

2010-10-30 09:15:00

Thanks for the info. Guess I need to keep waiting....

wshc

Male

Germany

2010-12-09 23:06:00

I just looked on line at our case status, and the circles that are on top of the page have changed. This is the first time in a while that I have checked directly on the USCIS web page, and I think after I received notice about our case being received from the State Department I didn't ckeck on line since I had the email. So I can't say when this happened, but the the "Post Decision Activity" circle is active now! (Attached is a photo of that message).

I think this is good news. There is no reason or grounds for a denial in our case, so some kind of approval must be on the way soon.

What do you think?

Thanks

Attached Files

PostDecisionActivity.jpg 217.15KB 17 downloads

wshc

Male

Germany

2010-12-09 12:53:00

hi wshc sorry for the late answer its mean this is very very good news for you and uscis directly send your case to DOS DEPARTMENT OF STATE here is the question why USCIS cannot send your case to NVC because uscis have agree that op previous case have a strong evidence and proof and op husband or wife except is mistake and every things done by unawareness that why uscis request to DOS dept of state please review op case again and give him waiver and another chance so wshc congrulation in advance if DOS APPROVE your case and send back your case to NVC this is really big news for you and your wife because DOS dept of state is the full and final decision maker and powerful authority of every usa immigration dept in other words every decision making is in usa immigration dept is in DOS hand

Thanks for the info - I do want to see it in this light also. Hope we are right!

I know that the agencies work together somewhat, and again at POE it can all be rejected if you have bad luck as what happened to us. So until my wife is back at my side I will be edgy about trusting anything ever again in this world!
Good luck everyone!

Edited by wshc, 30 November 2010 - 03:37 PM.

wshc

Male

Germany

2010-11-30 15:35:00

Thanks for the replies from everyone. I will keep you updated.

Edited by wshc, 27 November 2010 - 10:35 PM.

wshc

Male

Germany

2010-11-27 22:35:00

No, we have not had any RFE's. My wife has an alien number already (she was issued a Greencard in 1990), SSN, biometrics already (done during the I-90 process.)

I am hoping for the best of course!

Thanks

wshc

Male

Germany

2010-11-27 18:02:00

Quick background -
My German wife of 26 years was denied entry in July 2010. We were processing a I-90 for her Greencard extension and went to Germany for two weeks. Upon entry in Philly she was denied entry because they said she needed to not use I-90 process but I-130 etc.. Although Denver USCIS told us we could use I-90, but the advice from USCIS doesn't matter. Ignorance of the law bla bla bla.... Bottom line, NOA1 for new I-130 sent Aug 16, 2010.

The case was moved to TX from CA like so many others..

I received this notice 2 days ago:

Application Type: I130 , IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Your Case Status: Post Decision Activity

On November 24, 2010, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. etc...

I am really confused now. A few questions -
1. At this stage, why does the State Department play a role? I have not received any notice that the I-130 was sent to NVC.
2. This is "Post Decision Activity" - could that mean that the I-130 is already decided upon?
3. Is this good news or bad news?

I want to think this is good news, but I don't trust the system. What do you think?

Thanks for any advice or information you may have.

Edited by wshc, 27 November 2010 - 05:47 PM.

wshc

Male

Germany

2010-11-27 17:46:00

Getting approval in 2 to 3 months? Is it real?

It took us 5 1/2 months for NOA2. If people are getting it in 2 months and some in 3 months, then USCIS is being very unfair.

What about NVC? If on the same day they receive my paperwork that I submitted in August as someone that submitted their paperwork in Oct, would I go first, or are all dates reset to zero after the NOA 2 is sent out?

Thanks

wshc

Male

Germany

2011-02-04 13:18:00

the kind people who process our cases :)

Bottom line to the original subject of this thread, the people in the service centers doing their job are good people just like everyone in this forum. They are doing a thankless job for what may be thankless people, and although I think the system is bad, broken, evil, unfair and all the rest, I appreciate the people that are doing the job. It is not their fault that the system is the way it is and most of them would probably speed up the process if they could.

Just remember, if you are American or soon to be or a LPR or whatever, the desire to always improve, always want to be the best is a trait that drives the USA and it's people to be the best at whatever they do. When those desires no longer exist, or second best is acceptable, then the edge is no longer there. I am afraid that too many people are willing to just be happy not being the best. The best would include having the best immigration process in the world, not some third rate broken system that blindly lets millions in while over zealously and unprofessionally enforcing immigration policy to the rest of the world.

Edited by wshc, 24 November 2010 - 11:52 PM.

wshc

Male

Germany

2010-11-24 23:47:00

the kind people who process our cases :)

The system is too slow and is a bad system. It is a typical Government operation. A few things to keep in mind:

The fees don't even come close to covering the cost of this Government monstrosity. The fees are just to make it look as if they are earning money to help pay the bills. Even if you read some statistic or press release that the fees make the agency self sufficient, don't believe it because the total cost of federal employees is very high and seldom reflected in the statistics (health care for life, early retirement, more than normal vacation and leave etc...)

The immigration process is something Government must do. Not just a “good to have service”. As a citizen I expect and demand that the government administer immigration in an effective and professional manner. Just as I demand adequate defense or roads or whatever else a Government is suppose to do. Immigration is not a service that should be "for profit" or pay for itself. As far as being professional, a long waiting period for me, as a US Citizen to receive permission from the Government to be with my wife of 26 years is disgusting. (Much worse than some TSA people groping others for a few seconds that is in the news now, but nothing in the news about people being abused by the immigration system.) I don't care if they have to increase their manpower by %500 to get the processing time to less than 30 days, DO IT. If we are at war and need 200 more tanks, as a citizen I expect them to buy them. Therefore I expect the government to increase manpower or do whatever it takes to make the immigration process professional, that includes a lot of criteria, but shortened waiting times is a very high priority on that list of criteria. Especially, as an arrogant American, anything else is not acceptable to me, (whether I can do anything about it or not).

So everyone that tries to explain away the long waits, don't. We deserve better and we are being disappointed because nobody cares about people going through the immigration process legally. If we were all illegal from Mexico then all of the Democrats in government would be bending over backwards to make sure we become happy little citizens and democratic voters.

wshc

Male

Germany

2010-11-24 19:51:00

Police Certificate Question

This is a government agency you are dealing with here and not a human organization. People will have no idea what a security clearance is and their heads will explode just like the Martians in Mars Attacks if you confuse them with a security clearance and not a police check. You better do EXACTLY what the little pieces of paper say, otherwise they will not know what to do with it and will delay you more until you get the police check, just like the sheet of paper says.

Remember who and what you are dealing with here and forget common sense.

wshc

Male

Germany

2011-04-06 18:32:00

I don't think he meant this as a "dis", I just think the sentiment was that folks from VWP countries have the opportunity to see each other more than petioners with beneficiaries from non-VWP countries.

I know in my case, my fiance had 0% chance of getting a tourist visa, even though she is a business owner with significant ties to home. If she was from a VWP country we would been able to see each other more frequently and that would have been a blessing!

Once you have filed paperwork with immigrant intent, (I-129, I-130), you can not enter the country on the Visa Waiver Program. That doesn't mean it doesn't happen, but according to the rules it is not allowed. It is a risky proposition.

wshc

Male

Germany

2011-11-30 21:02:00

I am truly sorry for all you have been going through with this process as well as some of the other posters who have expressed their frustration and anger.

I hope all those who have been waiting the allotted 5 months will get their approvals ASAP. Hell - I wish I'd get mine tonight!

Thanks, hope you get your approval soon too...

wshc

Male

Germany

2011-11-30 20:59:00

which is what they used to do.

A problem is also what people expect due to the services provided by commercial for-profit companies. A Fedex tracking number means something, a USCIS case number really means nothing worthwhile. It is a classic case of disappointment being directly proportionate to
unrealsitic expectations

Facts:

Following instructions exactly as written by Frankfurt Consulate - Expedite request waiver for I-601 emailed, as per their instructions October 31, 2011

No response in the timeframe they said to wait, 5 -10 business days. E-mail enquiry Nov. 10, 2011. Response from USCIS Nov. 18, 2011 that they did not receive the Expedite request.

Request sent immediately again Nov. 18, 2011,

As a backup, hard copy of all paperwork sent (in country) Nov 28, 2011.

No response in any form at all this time around. Payment has also not been processed.

And this is just the tip of the iceberg. In April while attempting to pay some fee, their online payment system was down. I called the service line and they said they were aware of the problem and that I could either wait a few days or mail in the payment and it would take at least two weeks for that to process. I am an IT guy and understand that those things do go down, but the most disturbing aspect is the attitude. I am doing everything they request to be united with my wife of 27 years and the only reason we are separated is because of these people. And they don't seem to care if another 2 weeks here or there are added to the process.

My expectations of my government are not unrealistic. To be handled humanely is not unrealistic. We are dealing with people's life's here. It is not like we are ordering shoes on line and we keep getting a new delivery date for one reason or another.

If you can't understand that, then I am not sure what to say.

wshc

Male

Germany

2011-11-30 19:38:00

@Gary

All advice is good and well intentioned I am sure.

My case is not an I-129 case, but for those cases your advice is good.

Edited by wshc, 30 November 2011 - 06:36 PM.

wshc

Male

Germany

2011-11-30 18:36:00

There are different levels of incompetency that are accepted by different people. If your patience is greater than mine, that is good for you. Maybe you had a very good experience with USCIS, then good for you.

But my experience has been nothing but a comedy of errors. This is not Disneyland. This is real world and this is real life. They have changed our life dramatically forever due to their operating procedures. And there is not much we can do about it unfortunately.

The misinformation, lack of information, almost total absence of communication with USCIS, or at least the untimely manner they handle communications is to me unacceptable. If I went to Disneyland and they ran their operation in the same manner the USCIS provides customer service, I would go to a different theme park right away.

But what alternative do I have in the immigration process?

Granted, my situation is different. USCIS steered us wrong when returning to the US after almost 20 years in Germany. We made mistakes and they made mistakes. I corrected my mistakes and made changes where necessary, but USCIS does not recognize their mistakes and they don't even have a timely process to deal with their mistakes. What recourse is there other than filing a Federal Lawsuit or going through the USCIS Ombudsman, both requiring an extremely large amount of time. At least at Disneyland I can speak to a manager about the problems I have and if I do write the company to complain I receive a timely response.

Edited by wshc, 30 November 2011 - 04:48 PM.

wshc

Male

Germany

2011-11-30 16:44:00

Sorry to hear about your situation too. I pray for a quick resolution for your situation as well as mine.

Vent and never forget. This process is an insult to the USA. Always remember the way the Government has treated you and when you get the idea about Government run health care, think about this process. When the Government wants to get a stronger grip on education remember the way they handle immigration. When the next great solution comes from Governemnt, remember what you have been through and what you are about to go through.

When they drop all the rules for illegals, don't forget how you were handled. Don't even think about voting for a politician that wants to grant amensty to illegals when you have done it the right way. All of the USCIS apologist in VJ must not have any experience dealing with an efficient Government or business. There is no excuse for USCIS. It can be done better. There is no excuse at all for this system and I don't understand anyone that thinks there is.

I am going on almost 18 months now that this Government has separated my wife of 27 years and former green card holder from me and our youngest children. The last status was they lost our final paperwork we submitted last month and had to resubmit it a few days ago. That is just one of the many failures of the USCIS we have experienced, not to mention their original fatal error they made that caused all of our trouble.

Now that is a rant, but you need to get a dose of reality, something the typical USCIS(INS)apologist sometimes seem to forget.

Edited by wshc, 29 November 2011 - 11:57 PM.

wshc

Male

Germany

2011-11-29 23:55:00