Did anyone get an RFE while name check was still pending?

O

oceanside

Registered Users (C)
I got an RFE recently. After replied it, I called CIS for status check, the first agent told me that my name check was still pending. I asked why I got an RFE, he said that they might give up my name check. This sounded suspicious to me. So I called again the next day, the second agent told me that my case was actually on one of the officiers' desk and should hear from them soon. I then asked about the name check. She said that she couldn't know from her computer screen. I am totally confused now. Are there anyone who got an RFE while name check was still pending? Should I expect for some good news? BTW, my name check was pending for more than 3 years. I planned to sue them, and then got the RFE. Should I proceed with the lawsuit now, or wait for a while to see how things going? Thanks a lot for your insights/oppinions/suggestions. :confused:
 
RFE and name check??

I replied to my RFE on 8/28/06. The LUD of my I485 changed twice (8/29/06 and 8/30/06) and then there was no news anymore. I have no idea whether you get RFE when your name check is pending. From my RFE letter, it says my case is pending on my submission of new evidence... What does it say on your RFE letter? Other people have any ideas?
 
Re: alshine

alshine, I am in the same boat as you are. CIS received my RFE reply on 08/29. LUD changed on 08/30, 08/31, and 09/01. No approvals yet. I have no idea whether my name check has been cleared. My RFE letter is almost the same as yours. I guess they have a template. Let's share our progress if possible. :)

alshine said:
I replied to my RFE on 8/28/06. The LUD of my I485 changed twice (8/29/06 and 8/30/06) and then there was no news anymore. I have no idea whether you get RFE when your name check is pending. From my RFE letter, it says my case is pending on my submission of new evidence... What does it say on your RFE letter? Other people have any ideas?
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oceanside said:
alshine, I am in the same boat as you are. CIS received my RFE reply on 08/29. LUD changed on 08/30, 08/31, and 09/01. No approvals yet. I have no idea whether my name check has been cleared. My RFE letter is almost the same as yours. I guess they have a template. Let's share our progress if possible. :)
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I am glad to share progress with you. One of my friends replied to their RFE and his I485 was approved in 7 days at NCS, while his wife's case was approved in 20 days. We are still within the 20 day range. Wish the best for our cases.
 
Thanks. Looks nothing happens today. :mad:

alshine said:
I am glad to share progress with you. One of my friends replied to their RFE and his I485 was approved in 7 days at NCS, while his wife's case was approved in 20 days. We are still within the 20 day range. Wish the best for our cases.
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I too received rfe around 8/31 to which my attorney has replied and it is now reflected on online case status.

But it does not mean that the case is ready to be cleared. At best, it means the pre-processing of the case has been done. BUT (a big but) they are still waiting for the name check results from FBI.

I would not wait to file lawsuit if I were u.
 
WhyThisDelay

Hi, WhyThisDelay

Thanks very much for your opinion. I googled a couple days ago about pre-processing. All I could find was related to the cases before the priority date was current. Did anyone hear about CIS pre-processing cases with name check pending? If so, this would be really bad. Maybe I once again put too much hope into this. :mad:

I think I am going to my congressman's office tomorrow, and ask them to find out whether my name check is cleared or not. If not, I will proceed with the lawsuit.



WhyThisDelay said:
I too received rfe around 8/31 to which my attorney has replied and it is now reflected on online case status.

But it does not mean that the case is ready to be cleared. At best, it means the pre-processing of the case has been done. BUT (a big but) they are still waiting for the name check results from FBI.

I would not wait to file lawsuit if I were u.
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Oceanside.
There was a uscis memo sometime last year, when they said that they would try and complete processing of the cases, even though the PD may not be current (what will the uscis staff do if most of the applications that they have are retrogressed?). I think this also applies to cases whose name checks are pending.

The logic also is that as soon as PD becomes current or namecheck clears, those cases should be ready for approval/denial.

oceanside said:
Hi, WhyThisDelay

Thanks very much for your opinion. I googled a couple days ago about pre-processing. All I could find was related to the cases before the priority date was current. Did anyone hear about CIS pre-processing cases with name check pending? If so, this would be really bad. Maybe I once again put too much hope into this. :mad:

I think I am going to my congressman's office tomorrow, and ask them to find out whether my name check is cleared or not. If not, I will proceed with the lawsuit.
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my rfe was for 'Supply your latest address'. What a lamo - if I changed my address, I would have informed them on changin my address.

Anyway, since I'm from retrogressed country as well as the name check pending, it does not matter.
 
Infopass

I did an infopass today and confirmed that my security checks have not been completed yet. So, to answer my own question, yes, I received an RFE while my name check is still pending. :mad:

So, I went ahead and filed a writ of mandamus against FBI and CIS. Let's see if this helps.
 
My case was stuck in namecheck or security checks. I received RFE for birth certificate. I replied and message changed to "we received your response to our request for evidence or information. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message"

This is normal status update from USCIS. but does it mean that my namecheck was complete?
 
oceanside said:
I did an infopass today and confirmed that my security checks have not been completed yet. So, to answer my own question, yes, I received an RFE while my name check is still pending. :mad:

So, I went ahead and filed a writ of mandamus against FBI and CIS. Let's see if this helps.
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Thank you for sharing your progress with us. I read at wenxuecity.com that USCIS does process your 485 application before the PD is current and before the security check is complete. They will check your records in all countries that you have stayed. I have been to Europe for several years (in two countries) before coming to the US. So, I guess my security check will take longer.....

Alshine
 
That's sad to hear. This means my name check might still be pending, although I have received an RFE. How much evidence do you need to collect before you can file a writ of mandamus?

oceanside said:
I did an infopass today and confirmed that my security checks have not been completed yet. So, to answer my own question, yes, I received an RFE while my name check is still pending. :mad:

So, I went ahead and filed a writ of mandamus against FBI and CIS. Let's see if this helps.
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This not necessarily means name check has completed, from my own experience. I was full of hope that my long journey seemed to reach its end. I certainly hope that's not the case for you though.

July2003filer said:
My case was stuck in namecheck or security checks. I received RFE for birth certificate. I replied and message changed to "we received your response to our request for evidence or information. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message"

This is normal status update from USCIS. but does it mean that my namecheck was complete?
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I have the replies from CIS for various status inqueries filed by my attorney, and an email response from FBI to my Senator's office regarding my name check. I don't have a lot evidence as others. But I felt I didn't want to waste more time to collect those, so I proceeded with what I had.

junhuaw said:
That's sad to hear. This means my name check might still be pending, although I have received an RFE. How much evidence do you need to collect before you can file a writ of mandamus?
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485 approval after RFE

lulx-co said:
Anyone got approved on this thread after respond to RFE? -Liv
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I am in the same boat. Got the RFE early sept, and replied immediately. Couple of LUDs and now nothing else.

NSC, EB-1(OR)
140/485: RD: April 2005
140 AD: May 2005
485AD:?
RFE- Sept. 2006
 
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