Our 1st interviewing officer on 2003 did not believe that we were married for love but for illegitimate reasons.I'm a citizen of the United States and my husband was born in Morocco and he came here with a student visa in 1998.
2nd interview was on Feb of 2006 that day my husband got his fingerprints done as well., On September 2006 we moved (but stayed in same borough) and immediately change our address online, completed and changed the address change form, changed our address at the post office. I check the case online almost everyday. We also call the costumer service # every other month and we had 2-3 Infopass appointment since then. The message is always the same “the case is pending at the processing site.â€Â
On Oct 25, 2007 we got a letter stating that 2 letters has been sent for my husband informing us of appointments to go for fingerprinting and because he failed to go the case was now DENIED (bold front too) no chance to appeal. Also his Employment Authorization was canceled and if he did not file a motion to reconsider (which cost $585 dollars and one and a half year to approve) with in 30 days he would be deported. We never received those letters. We have all this prove that we have been trying to find get information on the case, so how can we not go to the fingerprint appointments.
I talked to a lawyer and she said that it all seems as if it was their error, still there is nothing we can do but to file the motion to reconsider because immigration would still require it.
November 06, 2006, went to our previously schedule infopass appointment and we explain to the immigration officer that we never got the letters and that we did move. We show her all the papers that we had on the previous infopass and the paper that they sent us very time that we called the costumer service. She then checked the case online and saw that it still said that the case is pending at the Processing site. The officer asked us to make copies of everything that we had and to bring it back to her, we did, she said to go home and that they are going to review the case and get things sorted out. The officer also said that we should be receiving something from them within a week and that if we did not get anything to schedule and infopass before the 21st of November.
I’m also subscribed to Visajourney.com (an online forum for immigration base community where users discuss their experiences with their immigration cases). I was instructed by the forum users to go to my congressman’s office and explained the case to him. I took their advice (after waiting a week for immigration to send me a response) and I managed to see an immigration specialist at the congressman's office. I explained the case to her; she saw the USCIS had made a series of error on our case. She immediately called someone at the USCIS and asked to see when they got our AR-11 form; the lady on the other side confirmed that they got the form on Oct-03-06. After a serious conversation about our case with the officer at the USCIS, she (immigration specialist) faxed a letter to them stating the following:
â€ÂPending i-485; this case was denied on 10/25/07 based on "No show" for Biometrics (see pert. info.) appt.: The Pet. and Bene. Submitted an AR-11 and was receipted on 10/03/06; The Biometrics were scheduled for 05/31/07 & 02/28/07 and sent to the old address listed; the FR prints expired on May 2007(see adit stamp from the old FR print appt. that was sent to the old address dated on 02/21/06; We are requesting on behalf of the Pet, & Bene. that a "service Motion" be reconsider base upon the findings that is stated above (AR-11); service motion; service motion; service motion: Please Advise.â€Â
As advised by the officer at our first infopass on Nov-06, we made another infopass for nov-20. We went to the infopass and after checking on the case the first thing that she asked us was, if we had gone to our congressman. I responded yes, we did. She then said that because we did that the case is being look into by somebody else in another department. The officer also checked the system further and she saw that they still had the old address in what she called "the old system", she then updated the "old system" so that when they finish reviewing the evidence, the decision would be sent to the new address (after all this they still had the old address in the system). I told the officer that by the time in which they decided to reopen the case or not, it would be outside of the 30 days and if they decide not to reopen, can we still do the motion to consider. The officer said that it's being reviewed as a motion to reconsider. She said that we should be receiving something within the next couple of months. Finally some good news, that means we do not have to pay the $585 plus 1500 to our lawyer to do the motion to reconsider.
Finally some uplifting news, USCIS decided to do the service motion and reopen the case. They sent 2 fingerprint appointment, sent him to a civil surgeon, and 2 appointment for another interview (different date) one for the 1st of Feb and another one for the 5th of Feb. We had to bring copies and original of the affidavit, lease, and so on once more. We decided to go with our lawyer and it was a good thing to do because there were 2 immigration officers this time interviewing us. They said that because someone decided to do the service motion they wanted to make sure that it was not because they felt pressure to do so by our congressman.
February 1st, 2008. The interview was intense; they were asking lots of questions. They asked my husband why he failed to show for the fingerprints, he explained to them that we had moved and that same month we sent the change of address form. She asked if we had copies of the AR-11 form because they had no record that we've ever sent it to them. I knew for a fact that they did received the AR-11 form because of the conversation that the immigration specialist had with an office at the USCIS but whatever. In the end they told us they will review the case further and make a decision. They wrote pending in my husband passport and said that that was all. After all we have been through I was expecting them to stamp my husband passport right there but on the other hand at least they didn't deny it again.
It’s has now been six month since our interview and we had not heard anything from the USCIS so I decided to call and ask for information about the status of the case. 07/10/08 we received a letter from the US citizenship and Immigration services informing us that the case is under review and that we should receive something within 60 days of the letter.
We work, pay bills and out taxes. What is the problem? I think this is just because my husband is Moroccan. My husband says that if he doesn't get his green card this year, he will go back to see his parent no matter what happens.
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