My I-751 has been on overseas hold for 8 months...what should we do?

Hello Everyone

My husband and I had filed a joint I-751 petition on December 2007 represented by a lawyer. By the time that I have received the letter for my interview, my husband who is a US Navy and homeported in Bremerton (while I live in LA because of work and school) was on a "recall" status where as they can be sent to deployment at any time; so he could not make it to the interview. My lawyer sent the district office a letter requesting them to waive the interview explaining my husband's status. We never received any response from USCIS so my lawyer and I went to the appointment and there the immigration officer explained to us what to do in order to have the interview waived. Other than the documents we have presented upon filing, we added bunch more documents to prove that my marriage is bona fide. That was August of 2008. As of today we have never received anything from USCIS. On October 2008, my lawyer emailed an immigration officer and replied to him saying that my case has been put in "overseas hold" and currently pending. Last January 2009 my husband had left for a seven month deployment. What do we need to do when my husband gets back? According to my lawyer, we just need to wait for USCIS to adjudicate my case but it has been 8 months already. I had my passport stamped last January before my husband had left.

We have submitted the following:

Lease agreement of the apartment my husband got for me before he left for his duty station.
DD-1172, form from the navy that says that i received medical benefits under my marriage
my 401k statement whereas my beneficiary is my husband
tax returns
bank statements from wells fargo
bank statements from bank of america
two affidavits from our friends who were also in the military
our joint credit report
four credit cards with same account numbers
junk mails showing our same addresses
certificate from the navy telling his homeported in bremerton
tons of greeting cards for us both
pictures
bank overdraft slips under both our names
my husband's collection notice and a receipt that I paid for it

and after the interview, the immigration officer told us to send a letter to California service center why my husband was not able to make it to the interview, we submitted:

more greeting cards
me and my husband's copy of email conversations
letter from my husband's ship saying that he is stationed in bremerton
more junk mails showing our address as the same

and last january, before my husband left for deployment...my lawyer emailed an immigration officer my husband's official deployment letter.

My lawyer assumes that the interview would be waived upon adjudication. He just keeps on saying to wait and wait, but it has been 8 months already. Am I really waiting for something here?

My husband and I talk almost everyday through email and I mail him a package of groceries atleast once a month. We never consider divorce although 75% of the time we are apart because of his work and my school. My husband is getting tired of this immigration issue which I understand. Please please help us. We are actually considering transferring my case with another lawyer if that helps.

Your opinions are greatly appreciated.

Vee

Honestly, we didn't even add that much prove and they waived our interview...and I had my permanent GC in the mail not even 2 weeks later. I think it just really depends on who's processing your case.

Your lawyer sounds useless. What you and your husband need to do now is write to your local congressman. You'd be surprised at how quickly things will go from there. My friend did so after her application seemed to take forever, and USCIS approved her application not even 4 weeks later.

Another thing to do in the meantime is to call the USCIS military helpline. You will actually talk to an immigration officer and they are very helpful. The number is 1-877-247-4645. Explain the situation to them, and I'm sure they'll be able to fix the issue.

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