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beavis
01-12-2010, 09:29 AM
Hi,
I am an EB2-I with a Sep 2005 PD. My application included the AOS for my wife as a derivative. I got my GC in July 2007. However my wife did not get her approval. As mentioned in a different posting on this forum, we saw that the Ombudsman's office was investigating inadvertent separation of the derivative and the primary's application. We wrote to the ombudsman office and were told that our situation was one of inadvertent separation since there was no holds put on any file for my wife and all her checks had been cleared. As everyone knows, the dates have not gone back to Sep 2005 and so she does not have her GC 2.5+ years after I received mine.

Is there anyway one can "force" USCIS to approve her application since they did the mistake by not approving hers along with mine?

Thanks

gc_check
01-12-2010, 10:06 AM
Sorry abt. that, but good atleast the primary got GC, that put you in better position than many other people in this group. USCIS cannot approve any pettion, with out a visa number, You have to wait for your priority date to be current for your derivatives approval.

sac-r-ten
01-12-2010, 10:55 AM
Sorry for your situation.
Checking for my personal knowledge and others like my. Whats your spouse visa status now, EAD ? I am sure shes using that for work and AP for travel.

All the best and I hope the PD gets to Sep05 this year for you.

beavis
01-12-2010, 11:33 AM
Yes, she has an EAD and AP. I was wondering if there was an opportunity to sue USCIS in order to get her GC. I am guessing that it is not possible.

sac-r-ten
01-12-2010, 12:02 PM
Yes, she has an EAD and AP. I was wondering if there was an opportunity to sue USCIS in order to get her GC. I am guessing that it is not possible.

Since you have already written to Ombudsman, i would suggest to write to local Senator and the governor of your state. Might help in some way.

all the best.

beavis
02-03-2010, 01:11 PM
Our Lawyer also told us to contact the Congressman /Senator. No idea how that will help. Is it only because there is no other alternative here ?