Waiting for Background check forever...

[dissolvegirl]

I came to the country on a K-1 visa. After I married my husband we applied for my I-485 in Nov 2003. I passed my AOS interview in July 2004. However, the officer told me the office is still waiting for the background check results to come back from the FBI. Thus, he cann't stamp my passport. Up till now, it has been 1 year and 6 months and I am still waiting to hear back from immigration. When i requested my application status through the 1800 number, it came back as "still pending". I have already applied for my third EAD card. I am desperately confused right now, and if anyone can answer my few questions, it is very much appreciated!!!

1)I applied for my I-485 in Newark, NJ. I know applications are pretty congested in NJ but is it normal for the background check to take so long?

2)I Read from this forum that AOS background check is done by the CIA not the FBI, so which one is accurate in case I want to write to request my status?

3)Should I hire a lawyer to handle this matter? People tell me that it wouldn't make a difference at this stage, since the lawyer can only write a letter into USCIS to request my status.

4)I want to be proactive on this instead of just sit back and wait forever. Is there anything I can do at all?

 

[kamrans]

Best thing is to ask help from the local congressmen. He is the one who can find out the correct status of your case. In most cases the pending case gets approved after a query from a congressmen or senator. No one else can provide you the status or the timeline.

Good luck.

I came to the country on a K-1 visa. After I married my husband we applied for my I-485 in Nov 2003. I passed my AOS interview in July 2004. However, the officer told me the office is still waiting for the background check results to come back from the FBI. Thus, he cann't stamp my passport. Up till now, it has been 1 year and 6 months and I am still waiting to hear back from immigration. When i requested my application status through the 1800 number, it came back as "still pending". I have already applied for my third EAD card. I am desperately confused right now, and if anyone can answer my few questions, it is very much appreciated!!!

1)I applied for my I-485 in Newark, NJ. I know applications are pretty congested in NJ but is it normal for the background check to take so long?

2)I Read from this forum that AOS background check is done by the CIA not the FBI, so which one is accurate in case I want to write to request my status?

3)Should I hire a lawyer to handle this matter? People tell me that it wouldn't make a difference at this stage, since the lawyer can only write a letter into USCIS to request my status.

4)I want to be proactive on this instead of just sit back and wait forever. Is there anything I can do at all?

 

[k1_visa]

Hi!
it's still unclear why we need to do a name check again that only causes delay in our application...

Does anyone know if our namecheck procedure + ( Fingerprints/ biometrics) is different from the visa namecheck at the NVC?

Thanks a lot!

 

[colonel]

yes is different, they scan your name throught several agency and sub-agency if there is a "hit" they will by hand. I m from Jun 2003, I sent letter to senator, he contacted the chief of the INS agency, Senator sent me the fax copy blaming FBI for the wait. I think you might need a lot of homework since sometimes INS forgets to send your name to FBI.