Age Discrimination?

[Phnom]

Why do some people skate through this process and others are screwed over. We are all the same laugh, cry and love our spouses. This deal with Alex makes you wonder if some of the people think their amateur Psychologists. I sometimes think the fact that I am 65 and my wife is 46 may be a delay reason. I am 6'4" 215 with no fat, bench press 275 lbs run 30 miles a week and a avid tennis player. I would like to see one of them follow me around for a week. I went the Congressman route today and if I have one inkling of age discrimination my lawyer is ready to file. 400 days and counting is getting rediculous.

[frank1538]

You're presupposing age discrimination. Where are you in the process and for which type of visa?

[Guest ShaQuaNew]

That is one of the more inhumane parts of this process; in that most of us begin examining ourselves wondering what it is about us or our partner that makes our case take longer than another.

 

If however you do have specific evidence rather than an inkling that someone is discriminating against you because of your age, you will indeed have grounds for a lawsuit. I can tell you however that such evidence is hard to come by. Those that attempt to sue an employer or potential employer because they were fired or not hired because of age rarely win. The reason is the one doing the discrimination must be proven as being more than negligent, but must show a deliberate desire to discriminate because of the age.

 

Sometimes people get that evidence though because someone was careless enough to document by email or get their voice recorded making such a claim.

 

As Frank requested, perhaps you could share your timeline with us regarding:

 

1. Type of Visa you seek

2. When you filed it

3. Where you filed it

4. Dates of receipt

5. Any exemplarly communications

[Phnom]

That is one of the more inhumane parts of this process; in that most of us begin examining ourselves wondering what it is about us or our partner that makes our case take longer than another.

 

If however you do have specific evidence rather than an inkling that someone is discriminating against you because of your age, you will indeed have grounds for a lawsuit. I can tell you however that such evidence is hard to come by. Those that attempt to sue an employer or potential employer because they were fired or not hired because of age rarely win. The reason is the one doing the discrimination must be proven as being more than negligent, but must show a deliberate desire to discriminate because of the age.

 

Sometimes people get that evidence though because someone was careless enough to document by email or get their voice recorded making such a claim.

 

As Frank requested, perhaps you could share your timeline with us regarding:

 

1. Type of Visa you seek

2. When you filed it

3. Where you filed it

4. Dates of receipt

5. Any exemplarly communications

164030[/snapback]

I filed a 130 on 9/13/04 approval notice 1/13/05. Sent from New hampshire 5/4/05 and entered into GUZ 7/8/05. I also had a lawyer file a 129 in early November but that seems to sort of disappeared. Should I have a GUZ number for that also? I guess I am just being impatient but it does get to you.

[skibum]

I was 62 when we went thru the process and I did not sense any hint of age discrimination. But my wife is a lot younger than yours.

Edited October 28, 2005 by skibum (see edit history)

[castaway109]

Yes most definitely check on the I129..it is very long overdue. Usually you get NOA1 within a couple weeks. Then a month or so NOA2 and the case is sent to National Visa Center. They don't have much to do with the K3 (I129 spouse) so it is shipped relatively quickly to Guangzhou. If you filed Nove 2004 and haven't heard then you definitely need to call USCIS. It is possible if you had followed up with that K3 your SO could be coming here now.

[frank1538]

I filed a 130 on 9/13/04 approval notice 1/13/05. Sent from New hampshire 5/4/05 and entered into GUZ 7/8/05.

164043[/snapback]

Have you or the designated agent received the P3 yet? It seems like a long time betwen GZ's entering the information into its system (7/05?) and now. With this much time having lapsed, I'd be trying to get weekly updates from GZ.

 

As it relates to the K-3, have you or your lawyer received the Notice of Approval (NOA 2) yet? If your lawyer can't tell you exactly where the petition is in the process, fire his/her butt and take the bull by the horns.

 

You're not being impatient. Go for it.

Edited October 28, 2005 by frank1538 (see edit history)

[HanLi]

Franks right, take the bull by the horns, it may shake things up and get your petition moving.....

 

good luck!!

[BillV 8-16-2004]

That is one of the more inhumane parts of this process; in that most of us begin examining ourselves wondering what it is about us or our partner that makes our case take longer than another.

 

If however you do have specific evidence rather than an inkling that someone is discriminating against you because of your age, you will indeed have grounds for a lawsuit. I can tell you however that such evidence is hard to come by. Those that attempt to sue an employer or potential employer because they were fired or not hired because of age rarely win. The reason is the one doing the discrimination must be proven as being more than negligent, but must show a deliberate desire to discriminate because of the age.

 

Sometimes people get that evidence though because someone was careless enough to document by email or get their voice recorded making such a claim.

 

As Frank requested, perhaps you could share your timeline with us regarding:

 

1. Type of Visa you seek

2. When you filed it

3. Where you filed it

4. Dates of receipt

5. Any exemplarly communications

164030[/snapback]

I filed a 130 on 9/13/04 approval notice 1/13/05. Sent from New hampshire 5/4/05 and entered into GUZ 7/8/05. I also had a lawyer file a 129 in early November but that seems to sort of disappeared. Should I have a GUZ number for that also? I guess I am just being impatient but it does get to you.

164043[/snapback]

Here is my timeline for comparison, it does seem like a long time, but hopefully there is some light at the end of the tunnel. Have you inquired with DOS they seem to be a good resource, and have access to both your CR-1 & K-3 infomation.

Good Luck

[Yuanyang]

I filed a 130 on 9/13/04 approval notice 1/13/05. Sent from New hampshire 5/4/05 and entered into GUZ 7/8/05.

164043[/snapback]

Have you or the designated agent received the P3 yet? It seems like a long time betwen GZ's entering the information into its system (7/05?) and now. With this much time having lapsed, I'd be trying to get weekly updates from GZ.

 

As it relates to the K-3, have you or your lawyer received the Notice of Approval (NOA 2) yet? If your lawyer can't tell you exactly where the petition is in the process, fire his/her butt and take the bull by the horns.

 

You're not being impatient. Go for it.

164091[/snapback]

Do not assume that your lawyer is watching your case. You must do that. I called NVC and determined the GUZ number on my own. It's easy for the lawyer and legal aides to say 'wait, these things can take years to process'. Well that's just Bull*.

 

Now based on the timeline. If GUZ has had your papers since July then a P4 should be issued within the next month or so.

 

Best of Luck to you!

[Phnom]

I filed a 130 on 9/13/04 approval notice 1/13/05. Sent from New hampshire 5/4/05 and entered into GUZ 7/8/05.

164043[/snapback]

Have you or the designated agent received the P3 yet? It seems like a long time betwen GZ's entering the information into its system (7/05?) and now. With this much time having lapsed, I'd be trying to get weekly updates from GZ.

 

As it relates to the K-3, have you or your lawyer received the Notice of Approval (NOA 2) yet? If your lawyer can't tell you exactly where the petition is in the process, fire his/her butt and take the bull by the horns.

 

You're not being impatient. Go for it.

164091[/snapback]

Do not assume that your lawyer is watching your case. You must do that. I called NVC and determined the GUZ number on my own. It's easy for the lawyer and legal aides to say 'wait, these things can take years to process'. Well that's just Bull*.

 

Now based on the timeline. If GUZ has had your papers since July then a P4 should be issued within the next month or so.

 

Best of Luck to you!

164250[/snapback]

Thanks everyone, I am going to throw some of this back to my lawyer. I will let you know the reply.

[Phnom]

That is one of the more inhumane parts of this process; in that most of us begin examining ourselves wondering what it is about us or our partner that makes our case take longer than another.

 

If however you do have specific evidence rather than an inkling that someone is discriminating against you because of your age, you will indeed have grounds for a lawsuit. I can tell you however that such evidence is hard to come by. Those that attempt to sue an employer or potential employer because they were fired or not hired because of age rarely win. The reason is the one doing the discrimination must be proven as being more than negligent, but must show a deliberate desire to discriminate because of the age.

 

Sometimes people get that evidence though because someone was careless enough to document by email or get their voice recorded making such a claim.

 

As Frank requested, perhaps you could share your timeline with us regarding:

 

1. Type of Visa you seek

2. When you filed it

3. Where you filed it

4. Dates of receipt

5. Any exemplarly communications

164030[/snapback]

I filed a 130 on 9/13/04 approval notice 1/13/05. Sent from New hampshire 5/4/05 and entered into GUZ 7/8/05. I also had a lawyer file a 129 in early November but that seems to sort of disappeared. Should I have a GUZ number for that also? I guess I am just being impatient but it does get to you.

164043[/snapback]

Here is my timeline for comparison, it does seem like a long time, but hopefully there is some light at the end of the tunnel. Have you inquired with DOS they seem to be a good resource, and have access to both your CR-1 & K-3 infomation.

Good Luck

164127[/snapback]

Bill, We are very close in timeline. This should be interesting. I have called both DOS and Guz semi-monthly and its always the same waiting Pre Interview Clearance