I-129F Delay

[jgvmd1968 0]

I filed 10/14/2009. Got RFE that was sent and received by USCIS on 11/17/2009. Had biometics 01/17/2010. Called today to inquire why this petition is going on 6 months now. Told over the phone that altough the VSC lists 5 months processing time for the I-129F, times as long as 6-8 months are not uncommon. Received a more detailed email that states the following:

The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open.

Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete. If you do not receive a decision or other notice of action from us within 6 months of this letter, please contact customer service at the number provided below.

Anybody else in this same boat? The part that gets me is that apparently they are saying ANOTHER 6 MONTHS TO WAIT before calling in again! Incredible. Let me also ask another question, anybody ever had their fiancee come in on a J1 visa while waiting for K1 visa in order to facilitate a face to face meeting? Will they issuse a J1 visa in light of a pending I-129F? J1 is strictly non-immigrant visa and if the embassy/consulate gets even a whiff that there is a chance the person is going to stay in the USA and not return to their country of origin, they will deny it; this is my understanding.

[Audy_Rob 26]

This seems to be exceptionally long even considering you had an RFE. I think they are telling you the truth and that this is going through an extensive background check possibly because of the country the fiancee is from. It is remotely possible a phone call or letter from a Congressman's office would help expedite this matter but I cannot be certain again because of the countries involved.

Good luck.

[Alcheringa 39]

First of all, that has to be tough. Six months is a long time to wait in limbo, no matter the situation.

Aroosah110 is in a similar situation, though she has not been delayed to the extent you have. Yet.

Her fiancé is Iraqi, but currently residing in Syria of all places. Her post follows, and will invariably apply to your situation as well:

http://www.visajourney.com/forums/topic/250087-need-a-vocational-certificate-for-interview/page__p__3845063__fromsearch__1entry3845063

Is your fiancé currently living in Iraq? Or elsewhere in the region? Or abroad? And if he is not in Iraq, for how long has he been displaced? What is his financial situation? Is there a clear source of income? Financial records? Does he have a verifiable and established profession? What are his ties to his home country? All of these things will undoubtedly be of concern to those conducting the investigation.

In the end, while applying for entry into the U.S. and eventually legal permanent residency, he originates from a country the U.S. is currently engaged in a war with(in). That poses inherent problems that clearly can lead to a prolonged delay in the visa process.

One would think that delay would more specifically occur at the DoS level, but, nevertheless, the adjudicators along the way will seek to establish that he is not a person of interest, has no ties to persons of interest or radical groups, and/or is not being influenced or coerced by any of the above. That can conversely apply to you, as well.

You said you initially had an RFE. What was its nature? And do you have anything in your history that would have delayed the USCIS's background check? Do you personally have any ties to the Middle East that might cause them to investigate more deeply? Family? Work-related? Religious? Any of that could have been a contributory factor.

You've clearly reached the end of your ability to affect the situation, so the suggestion to contact your Senator may be a good one. But be prepared for inaction. That's a sensitive area for a politician to be stomping his foot down on, and depending upon his own position he/she may or may not wish to touch it. Couldn't hurt to ask, though.

If you are unfamiliar with how to go about it, you can visit your Senator's official website, download their Privacy Act Release form and/or Request form, and then fax it in to them. It's needed before they can act on your behalf in an official capacity. Then follow it up with a phone call to get a feel for their inclination.

Good luck, and keep us posted.

[Greenparot 1]

It sounds like your fiancee's name produced a "hit" or multiple "hits" on the databases they search when performing background checks. At this point, instead of waiting another 6 months I would give your Congressman or Congresswoman a call and have him/her see what's up. I'm not sure that will help any but at this point it couldn't hurt. Sorry to hear about the delay, hope it goes fast from here on out.

[jgvmd1968 0]

Hello, thank you for your reply.

My fiancee currently resides in Iraq. The RFE was about explaining why we have not had a face to face meeting. As far as the background checks go, I think they have more to do with me than with her. Her background checks will most likely take place when and if we ever get to the DOS level and she gets an interview for the visa. Then what they like to do is invoke the "AP" rule -additional processing -and once that happens, well, it takes quite a long time. In any case we knew it would be like this so it is not a surprise.

Thank you again for your interest and comments.

[jgvmd1968 0]

Yes, I already contacted my congresswoman. I had to write her a request for assistance in this matter. When I called to follow-up, they advised it will take 4-8 weeks to "process" my request. What a joke. Oh well at least I have my bases covered. Regarding the background checks, I think they have to do more with me, the US citizen, rather than my fiancee. What would make you think they are running background checks on her? I mean, I guess it is possible but with such limited information; I was really thinking that they are running the background checks on me...

[lostinlove03 2]

Oh wow! I'm so sorry to read what your going through. It is really though. I also had "weird" things happen during my USCIS stage but I was encouraged by fellow vj members to contact my congressman. I did. My congressman told me that USCIS had 72hrs to get back to them. USCIS got back to them within 48hrs and said my background remained opened and it would take an additional few weeks. However, within 72 hrs of my congressman contacting them--my petition was approved at USCIS and fwd to the NVC. Since, then it has been smooth sailing (AND HOPE IT REMAINS THAT WAY!!)

So, I encourage you to contact your congressman and have them send an inquiry on your behalf. Good luck. Keep us posted. Have faith and hopefully it will work out but this vaguness is very hard and just sitting in limbo. : (

[baron555 934]

A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open.

If you take a hard look at the country of your fiance(e) and think about what recent and current events may require exra checks, the answer may be clearer.

[TracyTN 237]

Hello, thank you for your reply.

My fiancee currently resides in Iraq. The RFE was about explaining why we have not had a face to face meeting. As far as the background checks go, I think they have more to do with me than with her.

If your fiancee lives in Iraq, I sincerely doubt the checks have much to do with you. It may not be fair, but given where she resides, they're going to be extra cautious and make sure all of their checks clear before proceeding with the processing of your petition.

It cannot hurt to get your elected official involved but I bet they'll get the same stone wall of an answer. This is one I think you'll just have to wait out.

[Alcheringa 39]

I spent 4+ years in Iraq -- Victory Base Complex, Baghdad, the International Zone, Balad, Al Taqaddum, Taji, Tikrit, Mosul, etc.

For a local national (Iraqi) to simply gain access to a coalition base for employment it required a screening and interrogation, biometrics which were bounced off of AFIS (finger and hand-print database used by the FBI, CIA, NCIS and other federal and local agencies) as well as Iraqi criminal records gathered up after the invasion, retinal scans and an array of photos were taken, personal data was compared to a regional law enforcement database for hits from elsewhere in the country, and all of this boiled down to a smartcard that had to be verified by fingerprint at every entry control point. And this card had to be renewed on a regular basis.

If any derogatory or questionable material appeared, or if deceit was detected, the individual was stripped of his privileges and either banned from that particular location or all Coalition bases in-country.

That scrutiny was only to gain access to installations within their own country; your fiancée is attempting to gain entry to the continental U.S. with the aim of permanent legal residency --

If your fiancée is in Iraq, and going to be working with the new U.S. embassy in the International Zone, it is precisely that environment that she is applying for a visa in. It is not a slight to her character or yours, but rather a necessity of the times and circumstances with which you are faced.

I don't think any of us can exactly be certain how the USCIS and DoS approach these situations where a USC is petitioning for the immigration of a foreign national originating in a combat zone, but it would be a safe bet to speculate that considerable investigation occurs on both sides of the fence. And that the process more than likely will be lengthy.

Your background check will be lengthy, hers will exceed yours, and they'll explore every nook and cranny of your case for fraud, deception, and/or relationships with persons of interest or groups opposed to the U.S. Government's presence there. Period.

None of us know the details of your relationship, but you face the secondary hurdle of waiving the "met once in the last two years" rule. I'm completely unfamiliar with how that has panned out in the past with other petitioners, but it would be interesting to hear any anecdotal evidence anyone has. I by all means believe that a war constitutes a barrier and hardship to meeting, but one is left to wonder how a bona fide relationship can be borne from the separation. If that is my first thought, it will be on the mind of those adjudicating your case as well.

I think what everyone is trying to say -- and will say -- is that your petition is complex, difficult, and extraordinarily fragile. All you can do is cross your T's and dot your I's, provide all of the supporting evidence that you can muster, and then keep your bearings and wait it out. But you're going to have to be strong for this one.

Please keep us posted as things evolve, and be sure to inform her of the true nature of her situation. If she is there, she probably is already familiar with the scenario I've described and will be less surprised than you by any difficulty you two face. Unless you're military or have been there yourself, of course.

Good luck.

[jgvmd1968 0]

I spent 4+ years in Iraq -- Victory Base Complex, Baghdad, the International Zone, Balad, Al Taqaddum, Taji, Tikrit, Mosul, etc.

For a local national (Iraqi) to simply gain access to a coalition base for employment it required a screening and interrogation, biometrics which were bounced off of AFIS (finger and hand-print database used by the FBI, CIA, NCIS and other federal and local agencies) as well as Iraqi criminal records gathered up after the invasion, retinal scans and an array of photos were taken, personal data was compared to a regional law enforcement database for hits from elsewhere in the country, and all of this boiled down to a smartcard that had to be verified by fingerprint at every entry control point. And this card had to be renewed on a regular basis.

If any derogatory or questionable material appeared, or if deceit was detected, the individual was stripped of his privileges and either banned from that particular location or all Coalition bases in-country.

That scrutiny was only to gain access to installations within their own country; your fiancée is attempting to gain entry to the continental U.S. with the aim of permanent legal residency --

If your fiancée is in Iraq, and going to be working with the new U.S. embassy in the International Zone, it is precisely that environment that she is applying for a visa in. It is not a slight to her character or yours, but rather a necessity of the times and circumstances with which you are faced.

I don't think any of us can exactly be certain how the USCIS and DoS approach these situations where a USC is petitioning for the immigration of a foreign national originating in a combat zone, but it would be a safe bet to speculate that considerable investigation occurs on both sides of the fence. And that the process more than likely will be lengthy.

Your background check will be lengthy, hers will exceed yours, and they'll explore every nook and cranny of your case for fraud, deception, and/or relationships with persons of interest or groups opposed to the U.S. Government's presence there. Period.

None of us know the details of your relationship, but you face the secondary hurdle of waiving the "met once in the last two years" rule. I'm completely unfamiliar with how that has panned out in the past with other petitioners, but it would be interesting to hear any anecdotal evidence anyone has. I by all means believe that a war constitutes a barrier and hardship to meeting, but one is left to wonder how a bona fide relationship can be borne from the separation. If that is my first thought, it will be on the mind of those adjudicating your case as well.

I think what everyone is trying to say -- and will say -- is that your petition is complex, difficult, and extraordinarily fragile. All you can do is cross your T's and dot your I's, provide all of the supporting evidence that you can muster, and then keep your bearings and wait it out. But you're going to have to be strong for this one.

Please keep us posted as things evolve, and be sure to inform her of the true nature of her situation. If she is there, she probably is already familiar with the scenario I've described and will be less surprised than you by any difficulty you two face. Unless you're military or have been there yourself, of course.

Good luck.

Thank for again for you interest and sincere, frank and open thoughts and comments. I find it fascinating that you have been in the middle east. I myself am not military and have not visited. How can a bona fide relationship exist? Well, through the course of emails, chatting online with and without video and telephone calls, emailing pictures of where we live and our daily routines...you get the idea.

Thank you also for the tip on the freedom of information act/release form. I had written my congresswoman but did not know about this form. I found it, filled it out, faxed and emailed it to her again today. Let's hope they get to it. Somebody else posted they had a similar situation with an extended background check and once they got the congressperson involved the situation miraculously resolved itself within 72 hours.

I will keep you posted.

Thanks again.

[pushbrk 12,894]

Hello, thank you for your reply.

My fiancee currently resides in Iraq. The RFE was about explaining why we have not had a face to face meeting. As far as the background checks go, I think they have more to do with me than with her. Her background checks will most likely take place when and if we ever get to the DOS level and she gets an interview for the visa. Then what they like to do is invoke the "AP" rule -additional processing -and once that happens, well, it takes quite a long time. In any case we knew it would be like this so it is not a surprise.

Thank you again for your interest and comments.

They do background checks on both of you but the response was clear about the checks on you not being complete. She will have background checks of one sort or another during at least three stages of the process.

It sounds like the combination of your own background and the request to waive the in-person meeting is the cause of the delay.

[jgvmd1968 0]

For a local national (Iraqi) to simply gain access to a coalition base for employment it required a screening and interrogation, biometrics which were bounced off of AFIS (finger and hand-print database used by the FBI, CIA, NCIS and other federal and local agencies) as well as Iraqi criminal records gathered up after the invasion, retinal scans and an array of photos were taken, personal data was compared to a regional law enforcement database for hits from elsewhere in the country, and all of this boiled down to a smartcard that had to be verified by fingerprint at every entry control point. And this card had to be renewed on a regular basis.

They don't have her fingerprints or any kind of biometrics (yet). The biometrics appointment was for me! I thought that this kind of background check would take place at the level of the DOS - when she get to the point of the interview for the visa at the embassy....And all of the thousands of questions they are going to ask her....I have heard of cases of many NOA2 being issued effortlessly but when it comes time to getting the actual visa, they go into AP and then are outright denied.

[TracyTN 237]

Thank for again for you interest and sincere, frank and open thoughts and comments. I find it fascinating that you have been in the middle east. I myself am not military and have not visited. How can a bona fide relationship exist? Well, through the course of emails, chatting online with and without video and telephone calls, emailing pictures of where we live and our daily routines...you get the idea.

Maybe you stated this above and I didn't catch it - but have you and your fiancee not met in person?

If not, that's a WHOLE other can of worms that could be coming into play in your case.

Edited April 6, 2010 by TracyTN

[BirdyGirl85 23]

Maybe this isn't my place to say, but I really think people should meet in person before deciding to marry... Plus it helps to do so when you start this process, that is one of the requirements... Although I guess from the situation (where you fiance is from) I can see why it would be hard to visit. Good luck anyways.