US Citizen Married to B2 Overstay

[jennylo19]

I married to my husband with overstayed B2 visa in October 2005. His 6month B2 visa expired 3/4/2001. I have to day he was always truthful about his overstayed situation from the day one.

I relocated to a new state/new town in March 2005 and met him. He was my mover. 6 months later we were married. Thru some financial/emotional hardship I met him and also wanted to help him. He is a good person and has worked hard although he had work illegally and have not file for taxes.

He only starts to file for taxes after our marriage. (I did the paperwork for us jointly!)

Immediately after our marrige in November 2005, I applied I-130 for him. He also submitted change of status I-485. We the received notice that I-130 was transfer to local office for speed processing after normal processing time in May 2006. We then were interviewed in August 2006 in Newark but were told I-130 approval is missing.

My question is I-130 approval is the responsibility of VT or local office (Newark)?

Is it possible that because his overstayed status, USCIS convieniently "lost" I-130 and won't admit it?

Is it also possible that because he was technically illegally working for years that USCIS want him to catch up with taxes responsibilities?

I just found out abou this 1996 harsh rule for overstayed person which I am not aware of earlier. http://www.visapro.com/Immigration-Articles/?a=173&z=30

My husband had acted very inpatient and sometimes blamed me for not persuing the matter for him as "family". We argue many times for this even when we were newly wed. He said I married him because the hardship (during buying/selling my primary home and using him), I accused he married me for the status change and using me etc. In the heat of arguement, we were nasty to one another. He has mellow down lately (After he jointed the church). I thought if it is real marriage, why is it matter when he change status and wait a few more months? (he has working permit now although no conditional green card) It is incovienice that he can't travel back to visit his parent and a teenage child in China but it is no difference before he met me.

My husband really takes care his part of responsibilities (financially & house chores). In fact he does more chores than me at home because his flex schedules. I bring more bacons home however. I am guilty of not doing as much at home. My sister, aunt & friend all originally against me to marry him. I like to think this marriage is not fraud but sometimes I can't help to wonder and think I am wrong. Will he change after the status changes because I also heard horror stories.

In any case, after I read the article about the overstayed issue, I told him the problem is really on his side not my side. He has overstayed before he met me! I think he realized that, that is why he mellow down but I don't want any more problem to cause more problems to our marriage.

If you are still reading now, thank you! Any advise both personally and legally will help.

Thanks!!!

[Mr. Knowitall]

Do you have any receipts demonstrating that the I-130 was filed, such as a receipt from the filing fee? (Do they even dispute that it was filed, or is it merely that they don't know where it presently is?)

[jennylo19]

Yes we have the receipt. We also made a 3rd appointment thru Infopass with Newark office on 9/25. We thought to bring a copy of I-130. Any other advises? Should we insist to see the officer who interviewed us last?

[jennylo19]

I also want to add that I-130 was transferred to Newark in May 2006 by Vermont but Newwark office never acknowledge they got it. Our interview in August 2006 was only missing I-130 approval letter. We went again and another immigration officer said she was 99% sure the location of I-130. A few months later she said please wait for 2nd interview notice. It is after 6 months later now, nothing still. My relationship with my husband suffers because it keeps dragging on.