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Some of you know that I have married a foreign citizen who has a valid visa in the U.S. We have filed all the approriate forms per USCIS, however, recently received a rejection. Let me cite them.

Incorrect filing fee - Submit $930 + $80 for each applicant fingerprint fee. Our check was for $1010. I may not be Asian, but I can sure to simple math. "Sir, you should resubmit with a cover letter explaining the math" - yes, I was told this. Taxpayer dollars hard at work?

Upon further inspection, we discovered another error, there is no option for her status on the I-131 - she is a valid visa holder in this country, yet no options apply.I have spoken to two immigration attorneys - all say this is "part of the game". But if I have some money, they'd be happy to help me. Answer? There is no option for my wife. Yet another reason to support what I've been told "it'd be easier if you sent her out of the country for a few months." Yes, I've been told this.

I am infuriated as now she may not be able to come home after we are having our religious ceremony in July in Poland - if her travel permit paperwork isn't approved in time, she won't return with me. No wonder we have such an illegal immigration problem - it's easier to stay illegal than to become legal. Suggestion on how we proceed?
 

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John,
I can offer nothing but my sympathies toward your plight. I have a good Aussie pal who has been married to a US-born woman for (guessing) 20 years. They still battle with USCIS from time to time. However, another friend married a Scot in 06 and his process seems to be going reasonably well; they say patience and stubbornness are key.

Your post title hits the nail very squarely on the head. Good luck; stick to it.
 

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Sorry to hear your trouble.

My wife and I are going on FIVE YEARS now since married waiting for her green card. It gets stuck in "FBI background check" and there is nothing you can do.

The USCIS and FBI are completely unaccountable. Horrible.
 

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USCIS didn't give her an Advanced Parole document, meaning she can come and go within a year while her case is pending, without the need of entry visa?
 

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I'm not a lawyer but I-131 would be advanced parole. Even though she holds a valid US Visa, the option would still be D since she is now a spouse of a US Citizen instead a visitor. In otherwords, visitors visa would not be valid although she can get in and out in most cases with no problem. However, I've heard of cases where someone was permanently denied US entry because they tried to enter as a visitor.. I don't remember the exact details though.

How long ago did you apply and have you ever received a receipt or receipt #? Or did you simply receive a rejection?

Another question, did you submit the fees for your I130 as well?
 

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yeah, I-131 is advanced parole. Also, you have to check your priority date and where the case is getting processed. if your priority date is later than what they are currently processing, it explains the delay.

here is the USCIS website to check what priority dates they are processing at each of the 4 service centers in USA
 
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