On August 15, 2009 I married Gizela Madalina Lupescu (Mada for Short); a native born Romanian that has been in the US for 9 years at this time. Mada has held a valid work permit, paid taxes and purchased a home in the US. Mada was married once before and filled for her Resident Change of Status through marriage in 2004. Mada was in Chicago in 2004 when she was first married. She was never granted her Green Card through marriage after 5 years of waiting.
I met Mada in November 2008 and had truly found my Soul Mate! Mada and I began moving to NC in April 2, 2009. We were married August 15, 2009 and filled for her Change of Status in October 2009. At first everything was going as planned. We had our first meeting with the USCIS Officer and it lasted about 15 minutes. We were told at that time that we would hear from them soon. We left not knowing what was wrong. I then found out they wanted a copy of an Annulment that I had from October 2008. I promptly sent them the paperwork they requested. They then requested tax documents (that they already had on file) from Mada. We sent them the information they requested. We were schedule another interview in July 2010 for which the Lawyer we had helping us through the process could not attend. The lawyer did the paperwork to reschedule and another interview was scheduled again for which the lawyer was out of the state for. We ask the Lawyer would the rescheduling hurt us with the USCIS. The lawyers reply was (by text message, which we have copies) how can me not being able to attend due to being out of state hurt you. Also while all this was going on we requested a copy of the file, which we have the right to have a copy of by law, according to the lawyer.
The USCIS has a rule that from the date of notice of interview to the interview you are given 30 days. The 2 notices that we received in July and August we each around 20 to 24 days. The USCIS did not follow their own policy.
We received a letter September 23, 2010 from the USCIS stating that my wife was denied her Green Card due to us not attended meetings. The USICS stated they gave approval for the rescheduling from the lawyer due to him being out of state. They also stated they would not reschedule a third time so our application was denied. We never received a copy of out file; we completed all filing of paperwork in the time they allotted us and made sure they did not need anything else.
I am at a loss on what we should do. I do not understand how we have done everything they ask of us. We have done nothing illegal and they still are given us a hard time. We have numerous illegal aliens here in the US that everyone knows already. They get status and benefits with no problem. I am need of help from someone and I do not know what we are to do. I love my wife more than anything! I work at Ft. Bragg as an Instructor for Special Operations Medicine and my wife has been VERY supportive to my Schedule and my wishes. She understands my job requires time and dedication. I have never been with anyone that supports my career the way she does. She has not been able to get work due to people not wanting to hire someone with a Work Visa that expires every year.
PLEASE can someone help us!! I love and want my wife here with me. We want a family but while in limbo we cannot do so. Please I am lost an NEED HELP.
Thank you in advance,
Jeremy Smith
Concerned Husband getting ready to lose the love of his life!