FBI Name Check
- Thread starter shahpr787
- Start date
Hi guys, I need your help here.
I came here by K1 visa and got married in Dec 2005. I haven't got my green card yet (even the conditional one) cause my case was stuck in FEI name check. Now the immigration officer said that my case still pening with name check & backgroud check and they can't issue me the green card. i have to wait...
Now my marriage faces some problem and we wanna to get divorced...What shall I do right now, shall we just do separate first and wait for the green card? Or, divorce first and inform the immigration officer? If we divorce now, do I still entitle to green card? My marriage lasted for almost 3-years.
thank you for your help
I came here by K1 visa and got married in Dec 2005. I haven't got my green card yet (even the conditional one) cause my case was stuck in FEI name check. Now the immigration officer said that my case still pening with name check & backgroud check and they can't issue me the green card. i have to wait...
Now my marriage faces some problem and we wanna to get divorced...What shall I do right now, shall we just do separate first and wait for the green card? Or, divorce first and inform the immigration officer? If we divorce now, do I still entitle to green card? My marriage lasted for almost 3-years.
thank you for your help
Hi Kidodo, sorry to hear that your relationship is going through rough times. I am not a lawyer but I know that if you divorce your I 130 - "Petition for alien relative" will no longer be valid, and consequence to that your I485 will also no longer be valid since you need a petitionner (which is your wife USC) to apply for an I130(petition) and I485 (adjustment of status), you will be denied. I know couples that were just about to divorce and by law, i'm not sure about all 50 states, but in NY you will have to be separated for 60 days before filing for a divorce. My point is whatever difference or issues there is between you and your wife, try to reconciliate, I know of so many friends that were about to divorce and didnt.
Best of luck
Best of luck
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WhenDoesItEnd
Registered Users (C)
Too much.........
Applied last year August 30th. Had Interview on January 17th 08 .... Still waiting for GC.. Everyday I check emails, Case Stutus.... No change...
Went couple of times with InfoPass..... 1st person was very rude.... it was worthless of going there........ no update......
2nd InfoPass: Went to DO on Aug 7. IO was very nice. He informed that NC was Cleared long time back (right after my interview). Orig. file did not arrive to DO yet. Opened Service Request.
IO told me he requested the file to be xfered to DO in 10-days and I should hear something.. he said, my case should be approved by then.... I asked IO if I should apply for renewal of my EAD since it is already in 90 day window to expire.. he told me to wait for 2 weeks...
After waiting for 1 week, I sent the EAD renewal application; I really can't rely on what they say because I am in panic since my EAD will expire in less than 90 days.. so don't want to take any risk..
Any suggestion folks...
Hope some Good Luck....
Thanks,
Applied last year August 30th. Had Interview on January 17th 08 .... Still waiting for GC.. Everyday I check emails, Case Stutus.... No change...
Went couple of times with InfoPass..... 1st person was very rude.... it was worthless of going there........ no update......
2nd InfoPass: Went to DO on Aug 7. IO was very nice. He informed that NC was Cleared long time back (right after my interview). Orig. file did not arrive to DO yet. Opened Service Request.
IO told me he requested the file to be xfered to DO in 10-days and I should hear something.. he said, my case should be approved by then.... I asked IO if I should apply for renewal of my EAD since it is already in 90 day window to expire.. he told me to wait for 2 weeks...
After waiting for 1 week, I sent the EAD renewal application; I really can't rely on what they say because I am in panic since my EAD will expire in less than 90 days.. so don't want to take any risk..
Any suggestion folks...
Hope some Good Luck....
Thanks,
F visa renewal-clearance check
HI,
I'm for my F visa renewal out of the US, in Canada. The US consulate has put me on background check. I'm concerned about the period of delay and the factors affecting it.
I have few questions, i'll appreciate if anyone will answer.
While waiting for my background check:
1) Can i travel other provinces within Canada (I'm a permanent resident of Canada).
2) Can i use my credit cards issued in the US during this period.
3) Can i operate my bank account in the US during this period.
I'll appreciate your help.
Thank you.
HI,
I'm for my F visa renewal out of the US, in Canada. The US consulate has put me on background check. I'm concerned about the period of delay and the factors affecting it.
I have few questions, i'll appreciate if anyone will answer.
While waiting for my background check:
1) Can i travel other provinces within Canada (I'm a permanent resident of Canada).
2) Can i use my credit cards issued in the US during this period.
3) Can i operate my bank account in the US during this period.
I'll appreciate your help.
Thank you.
Not true. If Kidodo can prove the marriage was bona fide, and it ended for unforeseen reasons, he/she can still finish the AOS process even if in the middle of a divorce.
There have been several cases of people going to AOS interviews without their USC spouse but were able to prove the marriage was bona fide and got their GC approved.
franticsky
Registered Users (C)
Prakash , congratulations to you
franticsky
Registered Users (C)
sorry to hear that Kidodo ,try to work out the marriage ,
franticsky
Registered Users (C)
Too much.........
Applied last year August 30th. Had Interview on January 17th 08 .... Still waiting for GC.. Everyday I check emails, Case Stutus.... No change...
Went couple of times with InfoPass..... 1st person was very rude.... it was worthless of going there........ no update......
2nd InfoPass: Went to DO on Aug 7. IO was very nice. He informed that NC was Cleared long time back (right after my interview). Orig. file did not arrive to DO yet. Opened Service Request.
IO told me he requested the file to be xfered to DO in 10-days and I should hear something.. he said, my case should be approved by then.... I asked IO if I should apply for renewal of my EAD since it is already in 90 day window to expire.. he told me to wait for 2 weeks...
After waiting for 1 week, I sent the EAD renewal application; I really can't rely on what they say because I am in panic since my EAD will expire in less than 90 days.. so don't want to take any risk..
Any suggestion folks...
Hope some Good Luck....
Thanks,
what file is the immigration officer talking about ? did you have any other immigrant visa petition like 140 filed or did you have any other EAD if you were on an F1 ?
franticsky
Registered Users (C)
sont worry about the second interview , uscis is conducting a second interview for people whose name checks are cleared , dont worry
prakashtirupati
Registered Users (C)
experience in brief
the journey begins in July'2007 , mailed the I-130 and I-485, "biometrics" a month and half after that, replied to an RFE for birth certificate in September(in fact this is the last update on my case online, even now) and finally interviewd in January'2008
Interview : had to wait almost 2 hours coz the officer supposed to interview me was absent, at last interviewed by another IO,he initially questioned my wife
How do you met? , How many kids you have?, may i see their birth certificates ?so on ....
then the IO got up and asked me to follow him to another room,made me sit and he left to return in quick 2 minutes,i joined my wife again, this time he asked me
How did you come to US? have you ever been arrested.. that is it
the IO said you are approved but your "FBI background check is pending"..the struggle begins here,I go home google for "FBI background check" got scared many people waiting for years together, but then many "immigration forums" were hyper active because of Ayets memo, after posting in many forums , i became regular at visaJourney and this portal,after a while VJ slowed down ( name check thread) because of many approvals and this is the only portal which was always active and people forthcoming with valuable advises
Senator Office : contacted, some time in March end and till date they do not have any response from USCIS , the 'case officer' whom i used to talk to stopped taking my calls ( used to call once a week)----NO HELP
congressman office : contacted, in May end, they got a response from USCIS ,saying my file is in "Main Office" even the case worker donot know what does it mean,the case worker always like "i have hundreds of cases"and at the end told me call back in September end----NO HELP
Letters to District Director : all my mail come back with a notice that " No FAX or mail"---- NO HELP
First Lady : got a letter from her that namecheck cleared some time in 2007--- NO HELP (only helpful if you want to find out about name check)
CIS Ombudsman :this helped my case , contacted in April , the case was assigned to an officer(adjudication)---HELPED
Infopass :for last 6 months i made innumerable "Infopass"es, i kept trying and trying , they keep saying from February'2008 onwards that " all my security checks are clear",actually it was wrong information my final security check came clear in June 3rd week,so the file which was in Adjudication from may end was still pending in a shelf, so on Infopass in July end i insisted with the officer i was talking to "to tell me, why no officer was assigned yet? 3 months in adjudication!!case is out of current processing times!! so on ", so she asked me to sit , after half an hour called me to tell that,s he talked to supervisor , but the officer who supposed to handle my case was absent, so she will call me on cell tomorrow( she never called me), on next Infopass i found that my case been approved!!
CIS Omudsman and Infopass helped me a lot, it is all about Infinity of patience
the journey begins in July'2007 , mailed the I-130 and I-485, "biometrics" a month and half after that, replied to an RFE for birth certificate in September(in fact this is the last update on my case online, even now) and finally interviewd in January'2008
Interview : had to wait almost 2 hours coz the officer supposed to interview me was absent, at last interviewed by another IO,he initially questioned my wife
How do you met? , How many kids you have?, may i see their birth certificates ?so on ....
then the IO got up and asked me to follow him to another room,made me sit and he left to return in quick 2 minutes,i joined my wife again, this time he asked me
How did you come to US? have you ever been arrested.. that is it
the IO said you are approved but your "FBI background check is pending"..the struggle begins here,I go home google for "FBI background check" got scared many people waiting for years together, but then many "immigration forums" were hyper active because of Ayets memo, after posting in many forums , i became regular at visaJourney and this portal,after a while VJ slowed down ( name check thread) because of many approvals and this is the only portal which was always active and people forthcoming with valuable advises
Senator Office : contacted, some time in March end and till date they do not have any response from USCIS , the 'case officer' whom i used to talk to stopped taking my calls ( used to call once a week)----NO HELP
congressman office : contacted, in May end, they got a response from USCIS ,saying my file is in "Main Office" even the case worker donot know what does it mean,the case worker always like "i have hundreds of cases"and at the end told me call back in September end----NO HELP
Letters to District Director : all my mail come back with a notice that " No FAX or mail"---- NO HELP
First Lady : got a letter from her that namecheck cleared some time in 2007--- NO HELP (only helpful if you want to find out about name check)
CIS Ombudsman :this helped my case , contacted in April , the case was assigned to an officer(adjudication)---HELPED
Infopass :for last 6 months i made innumerable "Infopass"es, i kept trying and trying , they keep saying from February'2008 onwards that " all my security checks are clear",actually it was wrong information my final security check came clear in June 3rd week,so the file which was in Adjudication from may end was still pending in a shelf, so on Infopass in July end i insisted with the officer i was talking to "to tell me, why no officer was assigned yet? 3 months in adjudication!!case is out of current processing times!! so on ", so she asked me to sit , after half an hour called me to tell that,s he talked to supervisor , but the officer who supposed to handle my case was absent, so she will call me on cell tomorrow( she never called me), on next Infopass i found that my case been approved!!
CIS Omudsman and Infopass helped me a lot, it is all about Infinity of patience
Last edited by a moderator:
WhenDoesItEnd
Registered Users (C)
Yes, I applied for GC in 2004 through my H-1; did not approved due to company's inability to prove that they can support me (Not a well known company.... not enough revenue for the company... blah !... blah!!....)
I think that file (I-140) to merge with I-130 (my current file).....
Married for 12 years... 7 year old Son (US born)...... My wife got stuck for her Citizenship for over 2 years on NC... She got Citizenship after we filed Mandamus....
Finally, my case is stuck over a year..... filed on August 2007... Interviewed on January '08........ Going through unbearable patience.... Not sure when this journey will end.........
Hope that Almighty God have mercy on my case and everything goes easy!!!!
franticsky
Registered Users (C)
Yes, I applied for GC in 2004 through my H-1; did not approved due to company's inability to prove that they can support me (Not a well known company.... not enough revenue for the company... blah !... blah!!....)
I think that file (I-140) to merge with I-130 (my current file).....
Married for 12 years... 7 year old Son (US born)...... My wife got stuck for her Citizenship for over 2 years on NC... She got Citizenship after we filed Mandamus....
Finally, my case is stuck over a year..... filed on August 2007... Interviewed on January '08........ Going through unbearable patience.... Not sure when this journey will end.........
Hope that Almighty God have mercy on my case and everything goes easy!!!!
Yes you are right its the "A" file related to that 140 , I went through the same , it took 8 freaking months for them to transfer a file and that too after writing so many letters to the ombudsman , senator , congressman , district director , i pray that you get your gc soon
WhenDoesItEnd
Registered Users (C)
Does this mean I have to wait more? How about the IO told me 2 weeks back that he requested the file to be xfered to DO in 2 weeks and I should be fine.. getting my GC soon [according to the last IO]........ IO also told me not to apply for renewal of my EAD now.... but it is going to expire in < 90 days..... so I applied anyway [was a good thing to do.. hah... can't rely what they say]
However, I did not write to Ombudsman, senator, no one.... I only went to the DO 2 times with InfoPass.. and planning to visit again soon with InfoPass...... Let see what happens.....
franticsky
Registered Users (C)
Does this mean I have to wait more? How about the IO told me 2 weeks back that he requested the file to be xfered to DO in 2 weeks and I should be fine.. getting my GC soon [according to the last IO]........ IO also told me not to apply for renewal of my EAD now.... but it is going to expire in < 90 days..... so I applied anyway [was a good thing to do.. hah... can't rely what they say]
However, I did not write to Ombudsman, senator, no one.... I only went to the DO 2 times with InfoPass.. and planning to visit again soon with InfoPass...... Let see what happens.....
No No I am not saying that you have to wait as well , just because it happened to me does not mean that it will happen to you as well , I was just telling you what I went through
Dependant I 485 Pending on FBI name check
My I - 485 application has been pending for more than 4 yrs while my husbands was approved in 2004 and he got his green card in October 2004. My application was withheld because of FBI name check. Recently according to a news release the pending name checks were supposed to be cleared by May 2008 . On June 4th 2008 i made an expedite request at the USCIS local office and i received a reply asking me to wait for 3 or more months. I do not understand the reason for this delay in my case for some more time.
With my application not being cleared so far i am having to renew my advance parole travel document and Employment Authorization Card every year from the past 4 and half years so that i can continue to work . Currently i just had my second child and i am planning to travel to India soon to attend my sisters wedding. I hope that my application gets cleared at least now as i have waited for a very long period and i am also going through a lot of frustration because of this during such a crucial period my life. I have also applied for my parole on July7th 2008 and have requested it to be expedited over the phone. Can any one suggest me what more can i do in this case?
My I - 485 application has been pending for more than 4 yrs while my husbands was approved in 2004 and he got his green card in October 2004. My application was withheld because of FBI name check. Recently according to a news release the pending name checks were supposed to be cleared by May 2008 . On June 4th 2008 i made an expedite request at the USCIS local office and i received a reply asking me to wait for 3 or more months. I do not understand the reason for this delay in my case for some more time.
With my application not being cleared so far i am having to renew my advance parole travel document and Employment Authorization Card every year from the past 4 and half years so that i can continue to work . Currently i just had my second child and i am planning to travel to India soon to attend my sisters wedding. I hope that my application gets cleared at least now as i have waited for a very long period and i am also going through a lot of frustration because of this during such a crucial period my life. I have also applied for my parole on July7th 2008 and have requested it to be expedited over the phone. Can any one suggest me what more can i do in this case?
prakashtirupati
Registered Users (C)
are you sure abt expedite request, because I 485 cases cannot be expedited,try contacting CIS ombudsman or District Director , make infopass and talk to an officer, go with Aytes memo, it may help.
WhenDoesItEnd
Registered Users (C)
Ok, it was just an expression that I said I might have to wait more since there is a similarity of the case..... however, if you see my timeline, it is a year I applied and over 7 months I had interview.... simple file merging taking so long for them....
Thanks so much for sharing your experience.... at least it gives an idea that I am not the only one on the same boat.... but there are always some exception; some case it takes short and some case it takes forever, other in the middle......
franticsky
Registered Users (C)
You should have field the writ of mandamus by now , 4 years is a long time , what you should do immediately is send a letter to the uscis district director of your local office mentioning that you case has been stcuk in the fbi name check for 4 years and inspite of the ayetes memo , it has not been cleared and if the case is not adjudicated within 30 days of the receipt of your letter , you will file a writ of mandamus
I am sure you will get your approval just with this letter , if it does not work go ahead and file the writ of mandamus , and remember please send all mails by certified mail , return receipt only
Thanks for all your valuable replies. I think i should do that. also the expedite request that i made was only for them to reply me as to why they r not following up with my case but either way they have'nt helped me yet.
I have currently approached the senators office and i am waiting to hear from them if they could get any updates. Can you advice me as to how to write the memorandum that u suggested? Is it a good choice to go ahead and write this while the senators office is working on my request too?They are atleast trying to expedite my I 131.
I have currently approached the senators office and i am waiting to hear from them if they could get any updates. Can you advice me as to how to write the memorandum that u suggested? Is it a good choice to go ahead and write this while the senators office is working on my request too?They are atleast trying to expedite my I 131.