My I-130 Approved 60days+ ago & NVC said they still dont have the appoval by USCIS, am i missing somthing?
Answer:
One question is whether you, the petitioner, are a US citizen or a legal resident. The wife of a US citizen will move much faster than the wife of a legal resident because the US citizen's wife doesn't need to wait for a visa number to become a resident. Then it depends on what country your wife is from (if you're not a citizen). If she's from Mexico, the Phillipines, China, or India, the wait is longer because of "per country limits" for those countries. So the I-130 is only the 1st step. You've still got the waivers and an I-485 if she doesn't plan to go to her country and wait for an immigrant visa. And on the I-485, start reading the instructions now and get everything you need together because those interviews will be delayed for a VERY long time if your stuff's not in order when you send it in.
On the issue of "competence or incompetence", the answer is "incompetence". Management within most government agencies sucks and the workers are usually just collecting a paycheck. However, waiting for a visa number has nothing to do with the incompetence of immigration. That's just a fact of life and even if everything had gone smoothly to this point, if you're a legal resident and not a citizen, your wife would be waiting anyway.
The fact that you need to file an I-212 and an I-601 means that you can expect the case to take longer than for those that don't need a waiver. I'm guessing the issue is illegal entry after deportation. Hundreds of thousands of people file for residence everyday and your case is just one of them.
You're just getting started. It's gonna be a while.
All I can say is that contacting a congressman usually scares immigration into moving faster because they don't like answering complaints.
On the lawyer issue, most people don't really need one. There's help on the website at www.uscis.gov, tons of legal advice websites, and reading the application instructions never hurts. Lots of people get by without lawyers, even those that need waivers. Lawyers are only really needed for employment based petitions or cases where an applicant isn't really entitiled to a benefit and needs someone to help them sneak by. Relative petitions are easy if you speak english well.
UPDATE: I read your additional info. I think if you re-read the answer, you'll note that you've only passed a 1st step in a process that is not short, even if you're a USC. It's not as simple as filing one form, getting and approval, and bang...she's a resident. Also note that the 212 and 601 are not automatically approved and can be denied.
If your wife is in her country, she doesn't need an I-485. Once the petition approval has been received by the State Dept abroad, she has to have an interview for the immigrant visa and the waivers might be adjudicated there before they can grant the visa. That will take time. You cannot blame NVC for that and the automated system you called or viewed online probably just hasn't been updated. Since you're a citizen, she doesn't have to wait for a visa number from NVC, so that's not the problem. Numbers for spouses of UCS's are immediately available. If the problem was a visa number, she'd have to wait until her priority date became current before NVC would forward the information to the embassy / consulate abroad and that could take a long time. The embassy would not even get the petition until that time. But this doen't apply to your case, if I understand the situation correctly.
I'm surprised your lawyer hasn't explained all this.
Again, a large number of people don't need a lawyer for this as long as they understand the process. But in your case, sounds like maybe you do need a lawyer. Perhaps a better one.
And people wonder why we have so many illegal immigrants. I am a university graduate and a computer programmer and I can't begin to make sense of the US immigration system. From what I understand, your only hope is to pay a lawyer with a whole staff of people who deal with the thing every day. There is no guarantee, even then. I think it is intentionally made to be impossible for amateurs because that way more people who can afford lawyers get in.
You have to do what USCIS told you so..Not your lawyer. There's more fees coming once your wife arrived here in America.
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