USCIS background check on petitoner. 11 months dalay

[Waiter 2]

Hello all.

Today i received very heart breaking news from congressional unit.

For ppl who dont know.. here is my most unlucky timeline.

sent i 130 august 28th 2009

NOA 1 sept 2nd.

RFE issued 2/25/2010 >> proof of bona fide marriage and tax returns and to submit I 846 to uscis. ( wonder why I 864???)

RFE sent 5/01/2010.

I went to my congresswoman's office on june 2nd and asked them to see whats going on, and today i got answer back from USCIS thru congressional unit.

it says.

USCIS record shows an RFE was sent on 2/25/2010. Responce to the RFE was received 5/3/2010. The processing of the case has been delayed. A check of our records establishes that the above case is not yet ready for a decision. UNTIL THE REQUIRED INVESTIGATION OF UR CONSTITUENTS BACKGROUND IS CCOMPLETED. we can not move forward on this case.we will make every effort to make decision on this case as soon as the investigation is completed.

IF YOUR CONSTITUENT DOES NOT RECEIVE DECISION OR OTHER NOTICE OF ACTION FROM US WITHIN 6 MONTHS OF THIS E MAIL, PLEASE FEEL FREE TO CONTACT US AGAIN.

now WTH should i make out of this?

IF MY BACK GROUND CHECK WAS NEVER COMPLETED THEN HOW AND WHY SOMEONE worked on my case in feb 2010??? and then instead of making decision he issued me RFE. i dont think they touch ur file until back ground checks are completed. i am in a shock.

i am really down.

During my citizenship my back ground check was pending for more than 3 years. until i filed lawsuit against USCIS in federal court. Writ of Mandamus.

and my checks were completed before the hearing date, in one month.

BY the way for I 130 petition what kind of background checks we are talking about????

and as all of you know here... I 130 cases sometimes get approved in less then a month for some, but usualy 3 months.

Does USCIS picks random cases for these checks???? OR if these checks are for everyone then how come i dont see atleast ONE member whos petition is ddelayed like mine?????? whats going on with my case?

and as for my marriage... I have a lil girl who was born last year and i went back home in january 2010 to get her citizenship paperwork thru consulate, and everything went fine. she has CRBA and US passport. I even sent in my daughters paperwork along my RFE to prove bonafide marriage.

I think i should abandoned my US residency and move back home with my wife and daughter. uscis has made me look 20 years older than i am.

0

[BigSigh 12]

Sorry that I can't offer any answers but I wish you the best of luck!

[Jen & Tim 0]

Sorry for your troubles...

I recently filed the I 130 for my wife and stepson... they do a background check on me?

Edited June 16, 2010 by Jen & Tim

[Waiter 2]

Sorry for your troubles...

I recently filed the I 130 for my wife and stepson... they do a background check on me?

after doing intensive search I 130 goes thru IBIS check only.

Background check includes one or more of these

1) FBI name check

2) IBIS name check. If a hit from IBIS needs further review, the case is forwarded to background check unit which is part of FDNS (Fraud Detection and National Security) which may take a while to get resolved

3) FBI fingerprint check

All I-140, I-129, I-130, I-765 applications are subjected to IBIS only

All I-485, N-400 applications are subjected to all three security checks

[ScottThuy 140]

You likely got nailed with a name check flag because your name is the same s a name on a flagged list.... That is probably why it took so long to get someone to sign off on it before as well... best of luck...

[tokyo.lovers 6]

maybe you should try contacting the uscis and find out what you need to do? or hire a lawyer?

[antoneya 9]

Hello all.

Today i received very heart breaking news from congressional unit.

For ppl who dont know.. here is my most unlucky timeline.

sent i 130 august 28th 2009

NOA 1 sept 2nd.

RFE issued 2/25/2010 >> proof of bona fide marriage and tax returns and to submit I 846 to uscis. ( wonder why I 864???)

RFE sent 5/01/2010.

I went to my congresswoman's office on june 2nd and asked them to see whats going on, and today i got answer back from USCIS thru congressional unit.

it says.

USCIS record shows an RFE was sent on 2/25/2010. Responce to the RFE was received 5/3/2010. The processing of the case has been delayed. A check of our records establishes that the above case is not yet ready for a decision. UNTIL THE REQUIRED INVESTIGATION OF UR CONSTITUENTS BACKGROUND IS CCOMPLETED. we can not move forward on this case.we will make every effort to make decision on this case as soon as the investigation is completed.

IF YOUR CONSTITUENT DOES NOT RECEIVE DECISION OR OTHER NOTICE OF ACTION FROM US WITHIN 6 MONTHS OF THIS E MAIL, PLEASE FEEL FREE TO CONTACT US AGAIN.

now WTH should i make out of this?

IF MY BACK GROUND CHECK WAS NEVER COMPLETED THEN HOW AND WHY SOMEONE worked on my case in feb 2010??? and then instead of making decision he issued me RFE. i dont think they touch ur file until back ground checks are completed. i am in a shock.

i am really down.

During my citizenship my back ground check was pending for more than 3 years. until i filed lawsuit against USCIS in federal court. Writ of Mandamus.

and my checks were completed before the hearing date, in one month.

BY the way for I 130 petition what kind of background checks we are talking about????

and as all of you know here... I 130 cases sometimes get approved in less then a month for some, but usualy 3 months.

Does USCIS picks random cases for these checks???? OR if these checks are for everyone then how come i dont see atleast ONE member whos petition is ddelayed like mine?????? whats going on with my case?

and as for my marriage... I have a lil girl who was born last year and i went back home in january 2010 to get her citizenship paperwork thru consulate, and everything went fine. she has CRBA and US passport. I even sent in my daughters paperwork along my RFE to prove bonafide marriage.

I think i should abandoned my US residency and move back home with my wife and daughter. uscis has made me look 20 years older than i am.

0

I am a little confused and I don't think we are getting the whole picture here, there is some information missing.

1. Did you submit any proof of your marriage with your I-130? What kind of proof did you submit? pictures, call log, ect...

2. I'm not sure why USCIS asked for your tax return and I-864? Did you call them and ask them why they want that? Are you doing an AOS or maybe USCIS thinks you are doing an AOS? Or are you talking about NVC and USCIS?

You got an REF in 2/25 and you didn't send it back until 5/2, this was under your control and you added 2 months to your process, you can't blame USCIS for that...

[Waiter 2]

I am a little confused and I don't think we are getting the whole picture here, there is some information missing.

1. Did you submit any proof of your marriage with your I-130? What kind of proof did you submit? pictures, call log, ect...

2. I'm not sure why USCIS asked for your tax return and I-864? Did you call them and ask them why they want that? Are you doing an AOS or maybe USCIS thinks you are doing an AOS? Or are you talking about NVC and USCIS?

You got an REF in 2/25 and you didn't send it back until 5/2, this was under your control and you added 2 months to your process, you can't blame USCIS for that...

Hi.

First of all... your case is going with very good speed so trust me I know, what u mean, when u say, dont blame uscis for it. Good for you.perhaps u wont understand where i am coming from. you are not in my shoes. and I wish no one should be.

My marriage was arranged. and only thing i had was marriage cert. and pictures which i sent with i 130 package.

It took me 2 months to gather the proofs of bonafide marriage, my wife passport took month and a half, she had to get new one, with me being added, as husband. and i sent in some other proofs which i could gather. yeah u are right this added 2 mkonths into my wait time. 11 months minus 2. Thats 9 months .... I am not doing AOS i filed for I 130. for my wife.

And tax return and i 864 was asked by USCIS... my case is still with USCIS for all this time. I have no idea why they asked me for this. I did quite a bit search and found NO ONE who had to send this tax and i 864 to USCIS. NVC would want it, but thats normal.

now Its been month and half they have stuff i sent in, and yet no decision.

what i am confused about is that, my security checks were cleared or done, in feburary, when someone picked up my file to adjudicate,because we know this, that unless background checks are completed they wont adjudicate any case. and instead of approving it they sent me RFE.. which I am totally fine with. BUT on the other hand they are telling me that my background checks are still OPEN????

The fbi name check is done on N400, and i been thru that phase, that was another nightmare.

for i 130 petition IBIS check is performed which is completed rather quickly.

I dont know i am just in a limbo. and going thru anxiety.

[antoneya 9]

Don't take it the wrong way, It seems to me like your initial post was missing parts of the story. I was just trying to understand the whole picture before I posted any advice or comments.

[JerryA 1]

Hi.

First of all... your case is going with very good speed so trust me I know, what u mean, when u say, dont blame uscis for it. Good for you.perhaps u wont understand where i am coming from. you are not in my shoes. and I wish no one should be.

My marriage was arranged. and only thing i had was marriage cert. and pictures which i sent with i 130 package.

It took me 2 months to gather the proofs of bonafide marriage, my wife passport took month and a half, she had to get new one, with me being added, as husband. and i sent in some other proofs which i could gather. yeah u are right this added 2 mkonths into my wait time. 11 months minus 2. Thats 9 months .... I am not doing AOS i filed for I 130. for my wife.

And tax return and i 864 was asked by USCIS... my case is still with USCIS for all this time. I have no idea why they asked me for this. I did quite a bit search and found NO ONE who had to send this tax and i 864 to USCIS. NVC would want it, but thats normal.

now Its been month and half they have stuff i sent in, and yet no decision.

what i am confused about is that, my security checks were cleared or done, in feburary, when someone picked up my file to adjudicate,because we know this, that unless background checks are completed they wont adjudicate any case. and instead of approving it they sent me RFE.. which I am totally fine with. BUT on the other hand they are telling me that my background checks are still OPEN????

The fbi name check is done on N400, and i been thru that phase, that was another nightmare.

for i 130 petition IBIS check is performed which is completed rather quickly.

I dont know i am just in a limbo. and going thru anxiety.

What's an IBIS check??? Sorry new to this.

[OBX 51]

What's an IBIS check??? Sorry new to this.

See the answer to question#2. (Interagency Border Inspection Services (IBIS) )

USCIS background checks

Edited September 24, 2010 by OBX