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Toothless Tiger


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After my return in November from China I decided to be more proactive in getting the attention of the USCIS. Before doing anything I asked my attorney if it would do any harm if I contacted the Ombudsman. His response was ¡°there would be no harm however; we often call it "toothless tiger"¡±.

 

Yesterday I finally received a response to my email request 5 weeks ago. It read:

 

The Office of Citizenship and Immigration Services Ombudsman (CIS Ombudsman) is unable to assist in your matter. Your correspondence indicates that you filed Form I-130 Petition for Alien Relative on April 13, 2009. Our research indicates that USCIS is still reviewing your I-130 Petition for Alien Relative, and your case is within expected processing times. You should receive a response from USCIS once the review process is complete.

 

The letter went on to say their functions are to ¡°identify problems and formulate recommendations to improve the USCIS service¡±. What a joke. I guess since they did not define the ¡°expected¡± processing time there conclusion was ¡°no problem¡±.

 

If only I could look them in the face to ask the rhetorical question: ¡°If this was your spouse, and you had waited two years to be together, would you honestly believe the system is working properly¡±. Of course rather conveniently they distance themselves from the petitioner.

 

 

 

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  • 4 weeks later...

After my return in November from China I decided to be more proactive in getting the attention of the USCIS. Before doing anything I asked my attorney if it would do any harm if I contacted the Ombudsman. His response was ¡°there would be no harm however; we often call it "toothless tiger"¡±.

 

Yesterday I finally received a response to my email request 5 weeks ago. It read:

 

The Office of Citizenship and Immigration Services Ombudsman (CIS Ombudsman) is unable to assist in your matter. Your correspondence indicates that you filed Form I-130 Petition for Alien Relative on April 13, 2009. Our research indicates that USCIS is still reviewing your I-130 Petition for Alien Relative, and your case is within expected processing times. You should receive a response from USCIS once the review process is complete.

 

The letter went on to say their functions are to ¡°identify problems and formulate recommendations to improve the USCIS service¡±. What a joke. I guess since they did not define the ¡°expected¡± processing time there conclusion was ¡°no problem¡±.

 

If only I could look them in the face to ask the rhetorical question: ¡°If this was your spouse, and you had waited two years to be together, would you honestly believe the system is working properly¡±. Of course rather conveniently they distance themselves from the petitioner.

 

The Congressman/Senator's involvement is not necessary completely helpless. At least in our case, the chief of the visa unit in Guangzhou wrote a letter to my Senator explaining the situation. It's not a canned message. He told my senator that I need to wait for the NOIR from USCIS and according to his observation, we should be able to have our case re-affirmmed. If not, he encouraged me to submit a new CR-1 application. This is the official letter sent by the chief of visa unit of the Guangzhou and signed by himself. The letter spelled my wife's name and my name correctly. At least, this case has raised Guangzhou's attention, and I believe they will have the record on the case for the correspondence which it should help the case for the next round.

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Think of it as "rattling the cage" and you won't be far off the mark. From a legal point of view, relying on the good will of those behind the scenes is your only hope at this point. The USCIS is a legal entity in its own right, and is often viewed as the last word by both lawyers and judges on either side.

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Thanks for the responses. Sometimes it seems hopeless, but I know that each time I do an inquiry the ¡°touch date¡± changes on the USCIS website. This I find encouraging, and if nothing else, it gives me something to do while I wait for our next round with the Consulate.

 

Next Tuesday I have an InfoPass appointment with the USCIS office in Dallas. And yes, I expect nothing, so whatever comes of it will not be too disappointing.

 

More importantly, chl2010, how were you able to get the Consulate to write to the Senator? I¡¯m assuming you ask the Senator¡¯s office to initiate an inquiry to the Consulate in Guangzhou, right?

 

 

 

 

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Thanks for the responses. Sometimes it seems hopeless, but I know that each time I do an inquiry the ¡°touch date¡± changes on the USCIS website. This I find encouraging, and if nothing else, it gives me something to do while I wait for our next round with the Consulate.

 

Next Tuesday I have an InfoPass appointment with the USCIS office in Dallas. And yes, I expect nothing, so whatever comes of it will not be too disappointing.

 

More importantly, chl2010, how were you able to get the Consulate to write to the Senator? I¡¯m assuming you ask the Senator¡¯s office to initiate an inquiry to the Consulate in Guangzhou, right?

 

 

Wayne ;

You are doing the right things .

I am sure in time, if you and your wife are persistent in your journey, you will succeed.

On the mean time , if you have the luxury of being able to afford it , try to spend more time with her . There is no use to waste your life just waiting for this process to finish . Life is to share with some one whom you love. Do that the best you can .

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Thanks for the responses. Sometimes it seems hopeless, but I know that each time I do an inquiry the ¡°touch date¡± changes on the USCIS website. This I find encouraging, and if nothing else, it gives me something to do while I wait for our next round with the Consulate.

 

Next Tuesday I have an InfoPass appointment with the USCIS office in Dallas. And yes, I expect nothing, so whatever comes of it will not be too disappointing.

 

More importantly, chl2010, how were you able to get the Consulate to write to the Senator? I¡¯m assuming you ask the Senator¡¯s office to initiate an inquiry to the Consulate in Guangzhou, right?

 

 

Hang in there Wayne. I'm assuming you are still in the USCIS initial review stage. So am I. Sent in the 1-130 on July 18th, it sat in California for 4 months and got sent to Texas (two months now). Earlier this week I sent a letter to my COngressman to inquire....took them three days and I got the reply from USCIS back this morning. Amazing, 3 days to get the answer and reply. The reply....Texas should have a decision in 60-90 days. I just knew we were getting put on the bottom of the stack after California sent us to Texas for "quiicker processing" as they wrote it.

 

chl2010, I've got a couple of those signed by the IV Chief letters sitting in my two storage boxes of immigration junk. My Congressman was so happy that he could help me and send me those letters. Of course, my letters were from 2007. You'll get your time at bat again. Like we told you months ago, and the IV chief reinterated, you must wait for your case to return to your service center.

 

It ain't nutthin' but a thang man, it don't mean nuthin'. Just a wait. We had been hoping for a March or April interview when I sent the I-130 in, looks like we'll be lucky to have a P-2 by then.....yawn.

 

 

Good luck to both you guys, you'll make it.

 

tsap seui

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Tsap seui I have read many of your posts. It is very unfortunate we have to live this way, but, hey, at least we have the internet to connect with friends on CFL who are in the same boat. Some of your posts are very comical, some sad, and others inspiring.

 

I also want to thank ¡°bullmastiff¡± for such encouraging words. I have only been to China three times since my wife and I began chatting. As everyone knows the trip cost and time away from work makes it difficult. Also, since my Mother lives with me, I hate to leave her when I travel, so I try to consider her when I make plans to visit my wife. Otherwise I would stay longer when I go.

 

Today was a very good day for me. My wife and I chatted twice, morning and evening. It is these days that make this terrible wait tolerable. Her English is getting much better every day, but she still gets very nervous when trying to communicate with others. I feel so lucky to have such a wonderful person in my life as my wife. Hopefully one day soon we can physically share our future together.

 

Many that frequent here on CFL have sad stories, but there are also those who have overcome. In time I hope this will pass for all of us who wait the fate of Guangzhou so we can live our dreams with the one we love.

 

 

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Tsap seui I have read many of your posts. It is very unfortunate we have to live this way, but, hey, at least we have the internet to connect with friends on CFL who are in the same boat. Some of your posts are very comical, some sad, and others inspiring.

 

I also want to thank ¡°bullmastiff¡± for such encouraging words. I have only been to China three times since my wife and I began chatting. As everyone knows the trip cost and time away from work makes it difficult. Also, since my Mother lives with me, I hate to leave her when I travel, so I try to consider her when I make plans to visit my wife. Otherwise I would stay longer when I go.

 

Today was a very good day for me. My wife and I chatted twice, morning and evening. It is these days that make this terrible wait tolerable. Her English is getting much better every day, but she still gets very nervous when trying to communicate with others. I feel so lucky to have such a wonderful person in my life as my wife. Hopefully one day soon we can physically share our future together.

 

Many that frequent here on CFL have sad stories, but there are also those who have overcome. In time I hope this will pass for all of us who wait the fate of Guangzhou so we can live our dreams with the one we love.

 

 

Yes, there is a touch of sadness to it all Wayne, but ya know, there is so much happiness too. Just like you happiness with your talks with your lady.

 

I sometimes get very angry when I see new victims coming onto Candle....usually have to let their posts sit a day or two in my mind before I can post to them. I get deeply angry about what happened to yet another couple. My Gawd, I know the dreams, the hopes, and I well know how it is when your whole world gets suddenly turned upside down by the Americans in Guangzhou. What hurt that is, total devastation. You can't hide from it you can't run from it, and every time you look at your woman you see it in her eyes.

 

You'll make it through this USCIS thing, buddy. I laugh now, earlier I had to tell lil' rabbit about my big stupid assine letter from my congressman. It shook her, the news of another 2 or 3 more months before a P-2. It punched her lights out. Temporarily. She's strong, she knows the routine. So do I, I just got off the phone and let her have some time. An hour or so later she calls me....back to her normal perky, laughing, fiesty self....bustin' my chops in her hilarious way, we both laughing until we almost cried.

 

Some folks hearing our conversations sometimes whould think, what the heck?, but our faith and trust in each other gives us the freedom to kid each other so horribly. I thrive on it, as does she. I know she would walk through fire for me, as I would for her. And, in this end of the game, that's what you wind up dong for each other, and for your shared goal....walk through the fire of immigration hell for each other and for your laser focused goal of life together.

 

You did good being proactive. Yes, it doesn't amount to much of anything in 99 out of 99 1/2 tries. All of these congress folks and Omsbuttmen are pretty much helpless. HEll, they wrote themselves out of being able to do anything, a long time ago.

 

Just as my Congressman's liason was toothless today. As soon as I got the letter and read it I was on the phone to her. Too busy to call me back, that's okay, I know how to redial a phone. Still couldn't get her and some other lady in his office said she could help me. After a few minutes of me talking and explaining how things work with the USCIS and the DOS she was too flabbergasted to say anything other than, "Sir, when the USCIS gives us an answer, they are talking to the Congressman." Like the Congressman was God.

 

I bit my tongue and didn't bellow "BULLSHIT!!! The USCIS played you guys like suckers, and do you really think I am so stupid as to think that your GOD had anything to do with this?" Instead, I just said "okay, ask her to call me".

 

No, I now have the laison's name, number, and address. Tuesday, she is going to meet me, she is going to look me in the eyes and she IS going to contact the USCIS in Texas AGAIN!!!! If need be, I will teach her what she should say this time. And, I will be very polite, well dressed, and not be carrying a spoon and bowl in my hands for her to place any bullshit in, and expect to watch me eat it. I ain't exactly her usual constituent....by any means

 

Keep at it, man. Let us know how your ideas work.

 

We're all gonna make it happen. THEY only win when WE let them.

 

Good luck.

 

tsap seui

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