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My mom came to united states with a visa K1 and got married

 
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  • Answered by:Longhorn Lawyer
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Customer Question

My mom came to united states with A visa K1 and got married after a while she discovered that her fiance was cheating and got a divorced. then she got married with my dad which is a american citizen. when they when to the citation they said that she had two cases and that one must be cancel. after a couple of time she got two letters saying that one case was cancel and the other one was approve, but till this day we have receive any other information from them and is going to be three year now. what can we do and what are our choices?

 

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State/Country relating to question: New Jersey

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We try to get in touch with them but they don't give us much information and i want to know what options we have.

Submitted: 348 days and 8 hours ago.
Category: Immigration Law
Value: $30
Status: CLOSED
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Expert:  Longhorn Lawyer replied 348 days and 8 hours ago.

Hello! Thank you for using Just Answer. I'm happy to answer your Immigration questions, and will do my best to do so based on my expertise. Please note that while you are working with me, I also will be working with several other customers, so you may experience delays. Your questions WILL be answered in the order they are received; therefore, please be patient as we work through your questions.

Which petition was canceled and which was approved?

Customer replied 348 days and 7 hours ago.

my dad petition was approved. but before that one another letter came saying that the other case was denied.

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Expert:  Longhorn Lawyer replied 348 days and 7 hours ago.

Which petition? The I-130?

How far in the other process was your mother and her ex-husband?

Customer replied 348 days and 7 hours ago.

4 years and yeah it was the I-130

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Expert:  Longhorn Lawyer replied 348 days and 7 hours ago.

No, not how many years. To which step did it get? I-130 only? I-130 and I-485? I-751?

Customer replied 348 days and 6 hours ago.

they got I-130 and I-485

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Expert:  Longhorn Lawyer replied 348 days and 6 hours ago.

And she never got a response on the I-485? So she filed another one and then later got the I-485 from her ex-husband denied?

Customer replied 348 days and 6 hours ago.

Yes, everything they got a citation and they when to it. but they say they need it to give another citation but they never send it. so after she got divorce and tried to do again.

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Expert:  Longhorn Lawyer replied 348 days and 6 hours ago.

I really don't understand. Please do not use they, she, and he. It is very confusing. Can you please just give me a list of things that happened, and the dates they happened?

Customer replied 348 days and 5 hours ago.

Current case


- My parents got married on 12/14/2007

- A I-130 and I-485 were file on 01/19/2008

- A notice schedule was received for an interview appointment on 09/21/2008

- On July 1, 2009 we received a noticed of petition approved and we haven't received nothing since.

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Expert:  Longhorn Lawyer replied 348 days and 5 hours ago.

Did anybody move or otherwise change addresses?

Customer replied 348 days and 5 hours ago.

no

Accepted Answer

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Expert:  Longhorn Lawyer replied 348 days and 5 hours ago.

WEll, it seems that these delays have no basis in law. The best thing for you to do at this point is to contact an attorney in your area, and ask that they file a Writ of Mandamus against the USCIS. This is basically your mother suing the federal government to make a decision on the case that they should have made long ago.

But first, she needs to get a complete copy of her file to see what is in it.

To do that, she needs to file a FOIA request with the USCIS. She can do that here: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD

This is the best that I can offer at this point. Clearly something is wrong,an the only way to get it fixed is to force the USCIS to move forward.

I hope I have answered your questions. Please click one of five faces to let me know how I've helped. This is the only way I will know if the information I've provided has been helpful, or if you need further clarification.

Keep in mind that we Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear. If you need clarification, please do not leave negative feedback. Instead, please feel free to ask follow-up questions, and I will be happy to clarify things for you.

Also consider leaving a BONUS and some positive feedback - both are much appreciated.

Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer

Thank you!

Expert TypeImmigration Attorney
Category: Immigration Law
Pos. Feedback: 97.4 %
Accepts: 5322
Answered: 5/10/2012

Experience: Experienced in all aspects of immigration and nationality law.

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