GC Interview - Need Help Pls

[Love]

Hello,

I am a USC who is sponsoring my wife for GC. I filed her I-130 and I-485 (concurrent filing) to Chicago Lockbox. I did not file for EAD and AP as she had 1+ year on her H-1B and I was told that she might not even need that.

I-130 and I-485 Receipt dates are April 11, 2007. We got an RFI which was also responded in July 2007 (needed tax statements etc..). We went for Interview in Los Angeles on Sep 12, 2007 and the IO asked a lot of questions to verify our marriage. He had some issues with the medical tests done and we were asked to go and revisit that doctor as that was local and come back same day with updated and sealed. The doctors office had missed some fields and not filled them. We did as we were told and came back the same day.

Then he told us after our return same day that although the file is complete, unfortunately he cannot approve the application as her Terrorist check (I believe he meant name check) is pending with FBI and we would need to wait for that to come through. He said that we need to just watch out mail for approval and it can be very quick or it can take long time. Since that day I have been checking the website everyday to make sure that the status is updated but its been a few weeks and status still remains the same.

- Why is the website not being updated in our case, is something wrong?

- How do I know the current status of my case given the circumstances.

- Is there a way to get status on FBI processing?

- Is USCIS expected to respond to our cases in certain timeperiod. When we called the customer service they told us they would respond in 90 days after interview. Is that the protocol?

- Shall I apply for EAD / AP for my wife as she would run out of H-1B visa in another few months?. How long does EAD take?

- What are my options for her to continue working if GC does not come on time?

Any guidence from gurus would be greatly appreciated here on our options and answers to questions.

Thank You
Love

[PraetorianXI]

in bold.

Originally Posted by Love

Hello,

I am a USC who is sponsoring my wife for GC. I filed her I-130 and I-485 (concurrent filing) to Chicago Lockbox. I did not file for EAD and AP as she had 1+ year on her H-1B and I was told that she might not even need that.

I-130 and I-485 Receipt dates are April 11, 2007. We got an RFI which was also responded in July 2007 (needed tax statements etc..). We went for Interview in Los Angeles on Sep 12, 2007 and the IO asked a lot of questions to verify our marriage. He had some issues with the medical tests done and we were asked to go and revisit that doctor as that was local and come back same day with updated and sealed. The doctors office had missed some fields and not filled them. We did as we were told and came back the same day.

Then he told us after our return same day that although the file is complete, unfortunately he cannot approve the application as her Terrorist check (I believe he meant name check) is pending with FBI and we would need to wait for that to come through. He said that we need to just watch out mail for approval and it can be very quick or it can take long time. Since that day I have been checking the website everyday to make sure that the status is updated but its been a few weeks and status still remains the same.

- Why is the website not being updated in our case, is something wrong? The website will only update when the forms are approved, which won't happen until the name check clears.

- How do I know the current status of my case given the circumstances. By making infopass visits to your DO every month or two.

- Is there a way to get status on FBI processing?
There is many people in your situation, and many avenues including writing to senators, congressmen, first lady, etc. Search the top threads (sticky) in this forum for the name check information.

- Is USCIS expected to respond to our cases in certain timeperiod. When we called the customer service they told us they would respond in 90 days after interview. Is that the protocol?
That is protocol, when you are not stuck in namecheck.

- Shall I apply for EAD / AP for my wife as she would run out of H-1B visa in another few months?. How long does EAD take?
Yes. You will have to pay the new fees though, since you applied for AOS before July 30th 2007. The EAD card should be received within 90 days of the filing.

- What are my options for her to continue working if GC does not come on time? The EAD is valid for her to work anywhere she wishes (except those jobs that require US citizenship). It is valid for a year and she can continue renewing it until the GC is approved.

Any guidence from gurus would be greatly appreciated here on our options and answers to questions.

Thank You
Love

[Love]

Hello, Thank You for your response. I had applied my wife's I-130 and I-485 to chicago lockbox. Now I want to apply for the EAD and AP for her.

- What are the forms I should be using?
- Where should those applications be sent? What address?
- Any do's and dont's?

Thank you!

Sanjay

[Love]

Hello - Thank you for your email. On reading the response below, I was little bit confused:

- Why won't they update the website after interview if they do that for everyone who has appeared for the interview? Is there any specific reason for that?

- So if you are struck in name check then will USCIS not respond in 90 days?

- I have asked other details for EAD in other posting and will appreciate any advise and response.

Regards

Love

[PraetorianXI]

Originally Posted by Love

Hello, Thank You for your response. I had applied my wife's I-130 and I-485 to chicago lockbox. Now I want to apply for the EAD and AP for her.

- What are the forms I should be using?
- Where should those applications be sent? What address?
- Any do's and dont's?

Thank you!

Sanjay

Read the instructions for form I-751.

[PraetorianXI]

Originally Posted by Love

Hello - Thank you for your email. On reading the response below, I was little bit confused:

- Why won't they update the website after interview if they do that for everyone who has appeared for the interview? Is there any specific reason for that?

- So if you are struck in name check then will USCIS not respond in 90 days?

- I have asked other details for EAD in other posting and will appreciate any advise and response.

Regards

Love

The online status won't update after the interview until the petitions have been approved.

If you are stuck in namecheck... well, that is another story, search the forum.

[Jackolantern]

Once you're stuck in name check, it usually takes at least six months, and sometimes a couple of years to get out of it. Be prepared to contact senators, congressmen, and eventually a Writ of Mandamus lawsuit (if at least a year has passed without a decision).

Name check is a black hole that was created in the pretense of security, but with an actual purpose of discouraging immigrants. It can't be providing real security if it allows terrorists and other criminals to roam around in the country for years while waiting for their name check to complete.