interview I-94 question

[mazdaman]

Hi,
I had my interview today at Cleveland. The immigration office asked us pretty much routine questions and looked at some utility bills, insurance papers, leases etc. Then he said everything looked fine but he said he couldn't approve us immediately since the name check hadn't come through. He said it could take a month or so. I also noticed that he removed the I-94 card from my passport and stapled it to my file (that he has with him). I didn't ask him about it then but am feeling a little uneasy now, since he didn't stamp my passport or give me any receipt for the I-94. Is my status ok or do I need to do something? Please advice.
Thank you.

[velli]

your case is approved pending name check....the have to tale the i-94 and the reason why he didn't stamp your passport is because they usually send the green cards so quickly there is no need for it.

you status is ok but if you think you need a stamp or something you can make an appointment and you have to give a good reason for the stamp. Did he give you a printout showing that your case is approved?

[Anahit]

Originally Posted by velli

your case is approved pending name check....

What does this mean?

the have to tale the i-94 and the reason why he didn't stamp your passport is because they usually send the green cards so quickly there is no need for it.

They didn't stamp the passport because the case WAS NOT approved due to pending name check.

you status is ok but if you think you need a stamp or something you can make an appointment and you have to give a good reason for the stamp. Did he give you a printout showing that your case is approved?

See above.

[pianoplayer]

Originally Posted by velli

your case is approved pending name check....the have to tale the i-94 and the reason why he didn't stamp your passport is because they usually send the green cards so quickly there is no need for it.

you status is ok but if you think you need a stamp or something you can make an appointment and you have to give a good reason for the stamp. Did he give you a printout showing that your case is approved?

Hi:

Some (unintended I am sure) misinformation. The OP was not actually approved, and so would not be eligible for a stamp. At this point, his proof of status would be his I485 receipt - he is indeed still in I485 pending(AOS) status.

[velli]

sorry about that......

but if her name check is cleared he/she will be approved right?

Wouldn't that be the same as some people saying on here that they are approved, but still have to send in some more evidence (e.g w-2,, etc) and USCIS will hold sending out the actual approval notice until evidence is received

[velli]

Originally Posted by Anahit

They didn't stamp the passport because the case WAS NOT approved due to pending name check.

Got my welcome letter, and my passport is not stamped. Quote from the IO "we don't stamp passports anymore, due to the Green Cards being sent out so quickly."

I understand that I may have not interpreted the Name Check right, but I am right about USCIS changing the way they handle stamping the passports.

[Anahit]

Originally Posted by velli

Got my welcome letter, and my passport is not stamped. Quote from the IO "we don't stamp passports anymore, due to the Green Cards being sent out so quickly."

I understand that I may have not interpreted the Name Check right, but I am right about USCIS changing the way they handle stamping the passports.

Yes, you are right... for APPROVED cases! If the case is not approved, there just couldn't be a question of stamping the passport.

[Anahit]

Originally Posted by velli

sorry about that......

but if her name check is cleared he/she will be approved right?

Right... But it could take years... Not that I want to scare the OP, but it is possible.

Wouldn't that be the same as some people saying on here that they are approved, but still have to send in some more evidence (e.g w-2,, etc) and USCIS will hold sending out the actual approval notice until evidence is received

How can it be the same thing?
Sending a missing document is in your hands, while name check is being conducted by FBI...

[velli]

ok....let me try to explain my train of thought....right now case is not approved because of name check...but once fbi gives ok what happens? USCIS will send out the welcome letter....so doesn't that justify the statement "Approved pending name check".

to me no having the proper documents at the interview would have the same outcome since you won't get your welcome letter until you send it in just like the fbi would have to send in the cleared name check.

so to me in essence the two scenarios are the same....the file is not complete the rest of the case is approved pending the missing ingredient. Now saying it over and over again really just makes it sound more logical....maybe you should try that....;-)

[pianoplayer]

Originally Posted by velli

ok....let me try to explain my train of thought....right now case is not approved because of name check...but once fbi gives ok what happens? USCIS will send out the welcome letter....so doesn't that justify the statement "Approved pending name check".

to me no having the proper documents at the interview would have the same outcome since you won't get your welcome letter until you send it in just like the fbi would have to send in the cleared name check.

so to me in essence the two scenarios are the same....the file is not complete the rest of the case is approved pending the missing ingredient. Now saying it over and over again really just makes it sound more logical....maybe you should try that....;-)

Hi:

I know what you mean, and it makes complete sense. I think the "fight" is purely about semantics. The most important thing is that the OP understands what you mean by "approved pending name check." You will not believe how many people have asked me about why they cannot get certain benefits, because they are "approved." Upon deeper questioning, they tell me they were approved but the name check hasn't cleared yet. It is because of these misunderstandings that the word "approved" is used very strictly and narrowly.

Until the name check is cleared, and USCIS registers the adjustment, the person remains in pending AOS status, and approval at the interview legally means nothing.

Note (since you asked about it above), the same rule applies to those who are "approved" but for turning in one more required document, e.g. a tax transcript, birth certificate etc. The applicant is not approved until the record of permanent residence is created, which will not happen until the required document is turned in and the record is actually created by USCIS.
Until then, the officer's word at the interview is a legal nullity.

The welcome letter, or the stamp if given at interview, is the first true indication that status has been changed.

Good question and I hope that clarifies it.

[mazdaman]

Hey thanks for all your replies guys.
This is what happened, the immigration officer conducted our interview, asked us some routine questions about our names, SSNs etc., made me swear I hadn't committed any crime, then asked us some questions about how we met, how long we've been together, saw the evidence that we presented that we're living together (leases, bank statements, phone bills etc.). He the told us everything was fine but he couldn't approve us since the fbi name check hadn't come through. He said it was something totally out of his control since it's something done by the fbi and once it comes through uscis will send us our greencard which can take upto a month from when the receive the name check clearance. So basically he made it sound like he was approving us pending the name check.
I only started feeling uneasy because someone (my father-in-law) told me after the interview that he should have stamped my passport if he was taking my I-94 and that since my i-94 is now missing from my passport, I am technically illegal and could be deported. I don't how seriously to take this, I do have a copy of the I-94 with me, as well as all the receipts and notifications I received from USCIS.
Also, is it true that fbi name check can take years? What should I do if my name check doesn't come thorough for many months?
Again, thanks for all your help guys, really appreciate it.

[MA75]

Mine was taken during the interview....the IO only said that she needed time to go through the documents. She did not mention if the application was approved or not. She said nothing about name check...also my passport was never stamped.
It has been a month and a half...and i have not heard anything from them

[pianoplayer]

Originally Posted by mazdaman

Hey thanks for all your replies guys.
This is what happened, the immigration officer conducted our interview, asked us some routine questions about our names, SSNs etc., made me swear I hadn't committed any crime, then asked us some questions about how we met, how long we've been together, saw the evidence that we presented that we're living together (leases, bank statements, phone bills etc.). He the told us everything was fine but he couldn't approve us since the fbi name check hadn't come through. He said it was something totally out of his control since it's something done by the fbi and once it comes through uscis will send us our greencard which can take upto a month from when the receive the name check clearance. So basically he made it sound like he was approving us pending the name check.
I only started feeling uneasy because someone (my father-in-law) told me after the interview that he should have stamped my passport if he was taking my I-94 and that since my i-94 is now missing from my passport, I am technically illegal and could be deported. I don't how seriously to take this, I do have a copy of the I-94 with me, as well as all the receipts and notifications I received from USCIS.
Also, is it true that fbi name check can take years? What should I do if my name check doesn't come thorough for many months?
Again, thanks for all your help guys, really appreciate it.

Hi:

Why are you concerned? You have an I485 receipt stating that you have filed for AOS. That is your proof of AOS pending statuts. Besides, you even have a copy of the I94.

As mentioned before, there is NO WAY that your passport would have been stamped if your name check was not cleared. Your father-in-law is incorrect on that point. The stamp is only if application is APPROVED.

Best wishes.

[Anahit]

There is not much left to say after pianoplayer's detailed explanation. However, I do want to add a few things.

Originally Posted by velli

ok....let me try to explain my train of thought....right now case is not approved because of name check...but once fbi gives ok what happens? USCIS will send out the welcome letter....so doesn't that justify the statement "Approved pending name check".

You just can't put those two words - "approved" and "pending", together, because it's either approved or pending, can't be both. The IO made it very clear that he couldn't APPROVE the case until the name check is completed. And, you are telling the OP that his case was approved. That statement would give more reason to his father-in-law to think that he was right.
Of course, I understand what you're saying, but if you're not confused, you definitely will confuse others.

to me no having the proper documents at the interview would have the same outcome since you won't get your welcome letter until you send it in just like the fbi would have to send in the cleared name check.

The outcome is the welcome letter, only in the first case that would happen as soon as you send the missing document in (a month or so), while in the second case it could literally take years... So, to me the 2 scenarios don't even come close to being the same.

so to me in essence the two scenarios are the same....the file is not complete the rest of the case is approved pending the missing ingredient. Now saying it over and over again really just makes it sound more logical....maybe you should try that....;-)

No matter how many times you repeat it, "approved pending" would never make sense, I'm sorry.

[summerwine]

Originally Posted by Anahit

There is not much left to say after pianoplayer's detailed explanation. However, I do want to add a few things.

You just can't put those two words - "approved" and "pending", together, because it's either approved or pending, can't be both. The IO made it very clear that he couldn't APPROVE the case until the name check is completed. And, you are telling the OP that his case was approved. That statement would give more reason to his father-in-law to think that he was right.
Of course, I understand what you're saying, but if you're not confused, you definitely will confuse others.

The outcome is the welcome letter, only in the first case that would happen as soon as you send the missing document in (a month or so), while in the second case it could literally take years... So, to me the 2 scenarios don't even come close to being the same.

No matter how many times you repeat it, "approved pending" would never make sense, I'm sorry.

Another way to read it would be that the petition has been approved (i.e. you have satisfied the requirements for AOS) but the AOS is pending. Till your name check is cleared from the FBI, USCIS will not adjust your status to "permanent resident".

[velli]

Originally Posted by summerwine

Another way to read it would be that the petition has been approved (i.e. you have satisfied the requirements for AOS) but the AOS is pending. Till your name check is cleared from the FBI, USCIS will not adjust your status to "permanent resident".

pk maybe it is just me but isn't that what i have been trying to say all along....maybe i am speaking german who knows!!!

[Anahit]

Originally Posted by velli

pk maybe it is just me but isn't that what i have been trying to say all along....maybe i am speaking german who knows!!!

No, you were telling the OP to go for infopass to get his passport stamped...

[velli]

you are very weird.
thats was my reply initially which i apologized for. I tried to help. You said somethings that were right and some that you are not very clear about yourself. what i am talking about above is in reference to what summerwine said. So please do tell me if his definition is correct and how it is different from mine, besides the words of course.

[Hack_It]

Originally Posted by velli

I am so anxious and know I should just chill. I am pilgrimming to my mailbox every day in hope to find a letter from the "US Immigration Services"...

Maybe you are stressed from waiting for your GC but to me approved and pending don't go together. I see your point but the wording isn't quite right.

[Anahit]

Originally Posted by velli

you are very weird.
thats was my reply initially which i apologized for. I tried to help. You said somethings that were right and some that you are not very clear about yourself. what i am talking about above is in reference to what summerwine said. So please do tell me if his definition is correct and how it is different from mine, besides the words of course.

You did apologize. But then you kept pushing the idea of him being approved which would justify the stamping issue.
The problem was in wording... I did say that I understand your point.
And, I think, I was very clear about everything.