terrible report from USCIS via senator

[Sinergy 3]

all I'm asking is to be treated the same.. if everyone took 2 years to complete, then I will wait.. but if most get their decision within 6-8 months, then I want it too.. this is so unfair to some of us that are waiting a long time..

Im sure you are aware that this would never happen. People have different cases and name checks/ countries on the high fraud list can cause a longer delay. There are ppl on this forum who have waited and are still waiting longer than you.

There are ppl here who gave birth without their SO by their side, there are ppl in all kinds of situations, but just bc tom and jane got a NOA2 and you filed the same day, does not by all means mean you will get one too.

The petitions also get delivered by bulk, so there are chances that petitions can be on the top of the pile upon arrival but end up at the bottom later on.

[gogo 6]

that's true.. except I don't have a security check according to the FBI.. so hmmm.. got to find the other so-called "places" they do.. they told me that not just the FBI does security checks.. lots of things have happened to my case that warrants me to worry about it.. I may not get an approval, but at least tell me the REAL REASON behind it.. the July backlog is OVER, and there are NO security checks on my case (they told me this back in November that i had).. now they said I file it wrong.. what the #### is this all about? (not to you, to them).. Also, if everyone takes 2 years to complete, then I understand and I will wait my turn.. but if I see people get approved left and right (same feelings with people who filed before and after me that are still waiting).. then I get real frustrated..

Edited June 16, 2008 by gogo

[Sinergy 3]

that's true.. except I don't have a security check according to the FBI.. so hmmm.. got to find the other so-called "places" they do.. they told me that not just the FBI does security checks.. lots of things have happened to my case that warrants me to worry about it.. I may not get an approval, but at least tell me the REAL REASON behind it.. the July backlog is OVER, and there are NO security checks on my case (they told me this back in November that i had).. now they said I file it wrong.. what the #### is this all about? (not to you, to them).. Also, if everyone takes 2 years to complete, then I understand and I will wait my turn.. but if I see people get approved left and right (same feelings with people who filed before and after me that are still waiting).. then I get real frustrated..

And that is understandable. However you have done the right thing in contacting all you have contacted, and i hope your outcome is good and real soon.

[gogo 6]

thanks haha, the tone of my paragraph wasn't against you.. it's just hard being not able to know anything..

[ninjarocket 1]

Now I know what to expect. I see that no one who goes through this procedure gets an approval. This is pretty devastating.

Today I received a letter from my senator. What it states is not very encouraging. It seems they can take how ever long they like to process applications using a perceived security threat as an excuse. Here's the report from USCIS. Sounds like some sort of standard boiler plate that is not specific to my case but gives them unlimited time to delay. Here's the contents of the message from USCIS.

"The processing of the petitions you are enquiring about, ....... and ....... has been delayed. The petitions have been forwarded for completion of a detailed review and, until further notice, adjudication may not be expedited nor may premium processing be requested.

The ...... (USCIS) is committed to adjudicating immigration benefits in a timely, efficient manner that ensures public safety and national security.

Toward that end, USCIS requires extensive background checks for very application or petition it adjudicates. While background checks for most applications or petitions are completed quickly, a small percentage of cases involve unresolved background check issues that result in adjudication delays.

Background checks involve more than just initial submission of and response related biographical information and fingerprints. When checks and/or a review of an administrative record reveal an issue potentially impacting an applicant's eligibility for the requested immigration benefit, further enquiry is needed. The enquiry may include an additional interview and/or the need to contact another agency for updates or more comprehensive information. If it is determined that an outside agency possesses relevant information about a case, USCIS requests such information for review. Upon gathering and assessing all available information, USCIS then adjudicate the application as expeditiously as possible.

We have checked into your constituent's case and have been assured that the agency is aware of your enquiry, and is monitoring progress related to it. However, unresolved issues in your constituent's case require thorough review before a decision can be rendered. Unfortunately we cannot speculate as to when this review process will be completed.

We realize that your constituent may feel frustrated by delays related to his or her case. As an agency, we must weigh individual inconvenience against the broader concerns of public safety and national security."

Good Day NinjaRocket,

I received this letter verbatim from a Texas congressman when I made an inquiry into the delay of my k-3 processing. To be brief, my case was under so-called 'Administrative Review' and I was told that a security check was being done. When I contacted the FBI, there was no record of any inquiry on my behalf. When I requested a copy of my entire k-3 file under the Freedom of Information Act, at least 40 pages had been blacked out. Both my Texas congressman and congresswoman and my lawyer were told that I did not have a legal right to know what those documents contained. After 3.5 years, yes, 3 and a half years, my filing was denied. I lost my sanity and my marriage in the process.

I hope that you will find the courage to stay strong. I pray that you will not be one of the victims of the process - good people with honest intentions who are falling through the cracks of an otherwise good governmental system.

Read all you can. Retain a lawyer if that will make you feel better. Rely on your strongest relationships - you will need them. Pray everyday, even when you don't feel like it or know what to say. Stay strong. This will work out for you and your loved one.

Good Luck!

[gogo 6]

well, don't give up.. I'm on my last fight, but I can only go so far.. if the lawsuit fails, I'm going to move back to China... no matter what, they can't take me away from my wife.. my view of America has dropped considerably because of this failure to approve my case.. the only thing that's keeping me so far is the job (it's really hard to earn this much over there)..

this is what happened to me today.. http://www.visajourney.com/forums/index.php?showtopic=133664 (sorry, not thread jacking here - just posting what I had to deal with for ninjarocket) it seems there will be lots of arguments and problems (hell, they couldn't even give me a pen to use.. well, that's after I blasted them though).. but just don't give up.. keep fighting.. this is your spouse we are talking about.. how far are you willing to go for her??... people say they are afraid of the government and to not make them mad.. My opinion is to bring the fight to them.. local office, CSC.. wherever.. let all the government officials know about your case.. that's what I am doing.. at least that's how I got the FBI letter saying I had no security checks.. that will help out with the lawsuit at least.. :angry:

[rebeccajo 14]

I agree there is fraud through marriage. But again, based on DHS statistics, 50,000 enter on K visas, another 250,000 plus file AOS as a spouse or child having entered the USA not on a K visa. Are you suggesting the 50,000 have a significantly higher fraud rate than the 250,000 plus not on a K-visa?

Yes of course.

Data? For the 250,000+ the pond in which they are fishing for their "fraud" target is much bigger. Their incentive to remain in the USA is much stronger than for someone who has never been here. Marriage fraud occurs in both groups. I am just not convinced that it is a bigger problem in the K-visa category than in the "already here and filing AOS" group (especially in terms of absolute numbers given the size of the two groups in question).

Oh sorry, I misread your question. I answered it yesterday morning and it was early plus first day of a new job for me; I was distracted. I thought you were referring to AOS overall filed from within the US.

I have no idea if fraud is greater for those requesting a visa or those already here in regards to marriage based adjustment.

I can tell you this; both receive an interview to test the bonafides. Presently, many (at least half) K adjustees no longer receive interviews when they file to adjust status - we can only presume USCIS is placing some weight on the consular interviews. This speeds the issuance of the greencard. And while you may have pooh-poohed the fact that my husband waited 17 months to receive his, I can tell you that to the immigrant themselves, the issuance of that document is no small matter to them and their acclimation to life in America.

I realize your issue is with reunification and that is no small potatoes. But I've sat the ride from visa appplication through adjustment all the while enduring the normal adjustments of married life and the 'abnormal' adjustments of a blended international marriage. Your tribulations are not over when you reunite - your marriage is also about a new life for your spouse with many adjustments, twists and turns. Even the strongest of these unions face different circumstances than a typical marriage.

Believe me, immigration paperwork (at the end of the day) will be a small matter in your marriage. And that's not the voice of someone who has suffered a bad relationship - it's the voice of a wife happily married to a man who gave it all up for me and the US.

Edited June 17, 2008 by rebeccajo

[rin and john 71]

I agree there is fraud through marriage. But again, based on DHS statistics, 50,000 enter on K visas, another 250,000 plus file AOS as a spouse or child having entered the USA not on a K visa. Are you suggesting the 50,000 have a significantly higher fraud rate than the 250,000 plus not on a K-visa?

Yes of course.

Data? For the 250,000+ the pond in which they are fishing for their "fraud" target is much bigger. Their incentive to remain in the USA is much stronger than for someone who has never been here. Marriage fraud occurs in both groups. I am just not convinced that it is a bigger problem in the K-visa category than in the "already here and filing AOS" group (especially in terms of absolute numbers given the size of the two groups in question).

Oh sorry, I misread your question. I answered it yesterday morning and it was early plus first day of a new job for me; I was distracted. I thought you were referring to AOS overall filed from within the US.

I have no idea if fraud is greater for those requesting a visa or those already here in regards to marriage based adjustment.

I can tell you this; both receive an interview to test the bonafides. Presently, many (at least half) K adjustees no longer receive interviews when they file to adjust status - we can only presume USCIS is placing some weight on the consular interviews. This speeds the issuance of the greencard. And while you may have pooh-poohed the fact that my husband waited 17 months to receive his, I can tell you that to the immigrant themselves, the issuance of that document is no small matter to them and their acclimation to life in America.

I realize your issue is with reunification and that is no small potatoes. But I've sat the ride from visa appplication through adjustment all the while enduring the normal adjustments of married life and the 'abnormal' adjustments of a blended international marriage. Your tribulations are not over when you reunite - your marriage is also about a new life for your spouse with many adjustments, twists and turns. Even the strongest of these unions face different circumstances than a typical marriage.

Believe me, immigration paperwork (at the end of the day) will be a small matter in your marriage. And that's not the voice of someone who has suffered a bad relationship - it's the voice of a wife happily married to a man who gave it all up for me and the US.

I was not trying to make light of the 17 month wait you and your husband had to endure to get his GC. I was only stressing that the topic from my original opinion was reunification.

I agree wholeheartedly about the tribulations faced after being reunited and the circumstances being different (sometimes wonderfully different, other times not so much!). I have spoken to many K applicants who are beside themselves with the lengthy wait they are enduring. I constantly assure them that it will eventually pass and that down the road the memory will fade (even my wait of six months seemed grueling at the time but now just seems like another one of life's hurdles that had to be overcome).

I look at the paperwork the same way. It is small stuff, don't sweat it, just take the time and get it done. Just this week I am putting together the AOS papers for Rin and our children. My briefcase weighs an extra 10 pounds today! (can't really complain too much as I work for a paper company - the government might be our largest customer!).

John

p.s. I saw your topic regarding the job change. Good luck on the new job!