I 485 application pending an FBI name check

[ladiablita 0]

Hi my husband filed the I 130 for me in December 2003 - him being a resident alliean at that time. It was approved two years later in December 2005.

He became a US citizen in April 2006

August 2006 filed the I 485 and the EAD

(actually sent already in June but was all send back to me as rejected - the USCIS mistake as they didnt see the citizenship certificate so had to send it again and lost 2 months)

September 2006 - fingerprinted and so happy that its moving so fast

November 2006 - interview in Garden City, New York - the officer ask as few stupid questions and just said "you will get something in the mail" didnt say approved, not approved, we have some problems with you, nothing ...

up to this date I havent heard anything back waiting anxiously at my GC beliave me since 2003 not being able to work or travel ...

anyway

- middle of January made an info pass app in NYC - everybody is a complete ####### in there - however told me that my application is pending an FBI namecheck - was send for the name check Dec 27 and that was it

I have been reading some terrible stories about the name check waiting another few years which I cant ###### do anymore. Since 2003 locked here like an idiot feeling completely stressed about that, not being able to work or travel its just sucks believe me.

After the intervie we thought we got it because we know of people who got their GC just few weeks after and us nothing once again.

So what to do now ?? Isnt their some exception if I filed in 2003 already - have been married since June 2003 ??

What if I leave now, wait for the GC abroad and then just come back with it ?? How will they know when I left ?? (besides the stamp in my passport which I can easily loose) ???

I just cant wait another 2 years with the hand on my lap.

Any ideas thanx a lot !!!

[Immigrant 0]

Hi,

I know it sucks, not that it helps but there are a lot of us going through this BS. If you leave the U.S. while pending you automatically forfeit your application. I have thought many times about leaving the U.S. while the FBI ponders my name check and getting my green card sent to me overseas when it's approved. The main reason I haven't is because if anything goes wrong I am not prepared to start from scratch and do it all over again. You can apply for advance parole if there is a pressing need to travel but unfortunately that is the only option.

Best of luck.

[Kez/JWolf 6]

Sorry you are having to wait so long.... did you file for EAD and AP that would allow you to work and travel... if you have not filed for them you may want to do so now...

Kez

[ladiablita 0]

Yeah I know, but sometimes we just want to get out of here and screw everything !! anyway the thing is that if I apply for an advance parole and by any chance I even get it nobody gurantee nothing though because I have overstayed for over 3 years so they can give me that 10 years bar panisment or should I write "panisment" ?? but anyway thankx I know we should way we have came this far but I hate how they just lock you up here like an animal for so maaaany years nobody is able to tell you nothing and everything is a big BS !!! anyway cant do nothing so thats it.

Hi,

I know it sucks, not that it helps but there are a lot of us going through this BS. If you leave the U.S. while pending you automatically forfeit your application. I have thought many times about leaving the U.S. while the FBI ponders my name check and getting my green card sent to me overseas when it's approved. The main reason I haven't is because if anything goes wrong I am not prepared to start from scratch and do it all over again. You can apply for advance parole if there is a pressing need to travel but unfortunately that is the only option.

Best of luck.

[meauxna 15]

but I hate how they just lock you up here like an animal for so maaaany years nobody is able to tell you nothing and everything is a big BS !!!

You chose to stay in the US with your spouse. "They" have not locked you up, like an animal or otherwise. You choose to stay so you can get your US immigration benefit. There is a reason it has been "years"--you were not entitled to live in the US during this time.

Maybe your namecheck delay is due to your original US entry or your accumulated overstay?

Sorry to tell you, I have very little sympathy for your situation (influenced by your attitude).

[Kez/JWolf 6]

but I hate how they just lock you up here like an animal for so maaaany years nobody is able to tell you nothing and everything is a big BS !!!

You chose to stay in the US with your spouse. "They" have not locked you up, like an animal or otherwise. You choose to stay so you can get your US immigration benefit. There is a reason it has been "years"--you were not entitled to live in the US during this time.

Maybe your namecheck delay is due to your original US entry or your accumulated overstay?

Sorry to tell you, I have very little sympathy for your situation (influenced by your attitude).

I agree..... it was your choice to be in this country illegaly... yes this will be forgiven because you are married to a USC.... but as to complaning about not being able to travel... that is not the fault of USCIS that is your fault and you have no reason to complain...

You coose your path and now you will have to waite until the end of it for your pot of gold....

Harsh but true...

Kez

[Rebecca Jo 1,962]

What if I leave now, wait for the GC abroad and then just come back with it ?? How will they know when I left ?? (besides the stamp in my passport which I can easily loose) ???

Your movement in and out of the US is recorded by USVisit. "Losing" your stamp is not a viable option.