Reddragon75 Posted October 14, 2012 Report Share Posted October 14, 2012 Hey all.....long time no see!Well.....after waiting for a very long time for a decision in our case. I did, in fact, move here to China last year in September with the assumption and hope that USCIS would approve the petition within a few months at the most (silly me). Here it is 1 year later and still nothing. All I get every time I call is "Your case is pending and is currently being processed". I am told every time that if a decision has not been made within 3 months to call back.For those of you who do not know, we have been going through all this heartache because of the fact that I am a convicted felon from 10 years ago (no it was not for domestic battery or any violent crime). I even waited for 1 year for the FBI to complete a background check on me before they returned our case back over to USCIS in May of this year.So, here is the issue I am wondering about now. With a case currently pending with USCIS at the Vermont Service Center, and my criminal history, would we be able to do a DCF in Guangzhou? I have more than met the 6 month residency requirement, but I am concerned about my current petition and my criminal history. The form to file for the DCF is only the I-130, which does not ask about the petitioner's criminal history (when we filed the I-130 for spouse visa in 2009, it was required to file an I-129F form as well, which DOES ask about the peitioner's criminal history).Basically, would I need to/be able to withdraw my current petition at the Vermont Service Center, and them file a DCF in Guangzhou? Since it is a DCF, would they do a background check on me or just my wife? Also, would they be able to get on their computer and see that I had a petition pending at the VSC and ask why I withdrew it and/or see that I have a criminal history?Anyway.....since I have no idea when/if USCIS will make a decision in our case, I was wondering if we could file a DCF since I have lived here with her for more than 1 year.Any input is appreciated. Thanks. Link to comment
Randy W Posted October 14, 2012 Report Share Posted October 14, 2012 (edited) You probably won't have any trouble FILING DCF as long as you can show legal presence. But you need to realize that this is a duplicate filing - not so much that you'd have two in the pipeline, but that you can't simply erase or side-step the first one by filing a second. USCIS in China is still USCIS. You need a lawyer such as Marc Ellis who can take a look at your entire case, and advise you about what to do next. We can't do that. Edited October 14, 2012 by Randy W (see edit history) 1 Link to comment
dnoblett Posted October 14, 2012 Report Share Posted October 14, 2012 Filing an I-129F is for a K-visa even back in 2009 that was not a requirement, even then could have simply filed just an I-130 for a CR-1 spouse visa, it still probably have been hung by a petitioner background check. As Randy said you will be dealing with USCIS field office located in China so they should be able to look up the other pending case. I would consult a lawyer like Ellis before making any moves. 1 Link to comment
Reddragon75 Posted October 14, 2012 Author Report Share Posted October 14, 2012 Thanks for the replies. I was afraid I would be told to consult a lawyer. I don't have money for a lawyer,, but I suppose I could contact MarcEllis and see what he says. How can I get in contact with him? Link to comment
dnoblett Posted October 14, 2012 Report Share Posted October 14, 2012 Thanks for the replies. I was afraid I would be told to consult a lawyer. I don't have money for a lawyer,, but I suppose I could contact MarcEllis and see what he says. How can I get in contact with him?http://www.marcellislaw.com/ Link to comment
warpedbored Posted October 14, 2012 Report Share Posted October 14, 2012 marcellislaw@gmail.com Link to comment
chilton747 Posted October 14, 2012 Report Share Posted October 14, 2012 Don't think you will be able to sidestep that one. The VSC gets the last word on cases like yours. Good luck and get in touch with Marc. Link to comment
dnoblett Posted October 14, 2012 Report Share Posted October 14, 2012 I will add, ask Marc about filing a Writ of Mandamus with regard to the stalled petition at VSC, in the past when I have seen stalled cases over background checks, I have seen filing a Writ of Mandamus against USCIS in many cases forces then to make a decision on the stalled file. Read: http://www.visalaw.com/05feb3/2feb305.htmlhttp://www.hmalegal.com/how-an-immigration-writ-of-mandamus-works.htmlhttp://www.cundyandmartin.com/immigration/issues/immigration-delays.php Link to comment
Reddragon75 Posted November 4, 2012 Author Report Share Posted November 4, 2012 Thanks for the advice all. I contacted Guangzhou and found out for sure that we can't file DCF due to the circumstances. This thread can be closed. Link to comment
Recommended Posts
Please sign in to comment
You will be able to leave a comment after signing in
Sign In Now