Freedom of Information Request for what's going on with our case?

[Kicking_cans 0]

Our case has been in Administrative Processing for a while; and it doesn't feel like the government is working on it.

I'm curious what the government is doing/has done, and would like to know more.

Has anyone submitted a FOIA request (aka form G-639) to find out what is happening with their case? What type of information did the government send back?

[Cathi 5,695]

How long have you been in AP?

[Shiya&Maxwell 3]

I know that they have up to 6 months to give you feedback on your case when its in AP. So depending on how long you have been in AP, you could determine when to call them. I know when I called them they told me that have 120 days to reply to your case. If its been pass 120 days, you should call them.

[Boiler 44,857]

There is no time limit and I can not help think a FOIA would produce nothing.

[Hypnos 6,576]

I don't think a FOIA request is going to get you anywhere. National security concerns is one of the ways they can refuse to disclose information, and since AP is essentially checking that you aren't a terrorist then I think it's highly unlikely they are just going to hand that information over.

Unfortunately AP just takes as long as it takes and there is nothing you can do about it.

Edited October 28, 2013 by Hypnos

[lost_at_sea 995]

Knowing the status won't make it faster, anyway. They probably won't be allowed to tell you what they're looking into or why (for security reasons, as mentioned above) and even if they did - what are you going to do about whatever the reason is?

[Kicking_cans 0]

Knowing the status won't make it faster, anyway. They probably won't be allowed to tell you what they're looking into or why (for security reasons, as mentioned above) and even if they did - what are you going to do about whatever the reason is?

99.9% sure we hit AP because she is/was a communist party member; and that's a category that requires AP.

Per the gov't notes; if a person hasn't been a member in the past 2 years; then AP isn't needed.

What I'm wondering is, are they actually doing an investigation which - once finished and passes - they'll grant clearance.

Or - is the investigation aspect complete - but they're going to wait out the 2 year timeframe, and then they'll approve us.

Obviously, the gov't hasn't answer my question on if I need to wait two years, as that requires them to admit AP was for communism.

So hoping I can deduce what's going on - and if needed, get married overseas, and then apply for a CR-1 instead. With a CR-1 communist party membership isn't a concern.

[Cathi 5,695]

You still haven't told us how long you have been in AP. FOIA isn't going to help you, you're in AP and you are not privy to the information they are investigating during the investigation. Why would they tell you what they're looking for? Obviously you already know.There are several members here who have been in AP 2 years or more, one member 7 years. there is no time limit, and they will never tell you there is.

[Cathi 5,695]

Just saw it's only been 6 months in AP. As AP goes, you haven't been waiting all that long.

Just saw it's only been 6 months in AP. As AP goes, you haven't been waiting all that long.

[JRF 117]

99.9% sure we hit AP because she is/was a communist party member; and that's a category that requires AP.

Per the gov't notes; if a person hasn't been a member in the past 2 years; then AP isn't needed.

What I'm wondering is, are they actually doing an investigation which - once finished and passes - they'll grant clearance.

Or - is the investigation aspect complete - but they're going to wait out the 2 year timeframe, and then they'll approve us.

Obviously, the gov't hasn't answer my question on if I need to wait two years, as that requires them to admit AP was for communism.

So hoping I can deduce what's going on - and if needed, get married overseas, and then apply for a CR-1 instead. With a CR-1 communist party membership isn't a concern.

I think it's a fair conclusion you are in AP because of the party membership assuming there aren't any other big issues with your petition. This is still a concern even with a CR-1, but waivers are available for family members, thus it is less of a concern. It still requires explanation and a waiver request. In some cases the waiver is given at the interview, in many others it requires referral to DHS for further investigation.

I would doubt they are waiting out the two-year period. I assume you are familiar with the laws at play and the circumstances under which a waiver can be requested. If you do some digging on this site you can find others who have been in the same situation as you are in...good luck.

Edited October 29, 2013 by JRF

[del-2-5-2014 1,339]

FOIA = big big waste of time in my case.

[Kicking_cans 0]

So Monday I finally sent in the paper work for the FOIA.