December K1 visa stuck in ‘background checks’ – anyone having the same issue?

[jadegreen 1]

Hi all, we received our NOA1 on December 11 and since then haven’t heard anything from USCIS. We’ve called them multiple times and contacted a senator and we have finally had the below response from USCIS saying:

Our system indicates that the required background investigation for your pending application is still open. We cannot move forward with your case until the background investigation is completed. If you do not receive a decision or other notice of action from us within 6 months of this letter, please contact us by calling our customer service number provided below.

Has anyone had a similar response or have been through this and then had theirs approved? The thought of having to wait until March 2016 is crazy – I’m from England by the way.

[Hypnos 6,576]

Do you have a muslim surname? Are you originally from the middle east or Africa or have spent time there?

[Amine87 7]

Do you have a muslim surname? Are you originally from the middle east or Africa or have spent time there?

Sigh

[Hypnos 6,576]

I know, right.

It's almost like I'm asking questions in order to possibly explain what these "background checks" are!

[Mena28 35]

We filed October 2014, made a fuss and inquiries and got senator envolved June/ July, moved out of "official processing times" in Mid-July and were told in late July 2015 that we were currently going through background checks. Got our NOA2 in mid-August.

And we also went through a spot of "ups, we put the petitioners name into the system the wrong way around, we should fix it" before our NOA2.

Some people have to wait way longer than anybody else and they will never let you know why. Did you ask since when you are in background checks?

My personal take on our own petition was that we werent even put into background checks until we got the senator involved and that it never even got worked on before. That theory fits with all the answers we got before and after. Of course, I will never know for sure.

Good luck! I hope you get your soon! It sucks to be waiting this long.

[TBoneTX 45,304]

*** Thread moved from K-1 Process forum to the K-1 Case Progress subforum. ***

[jadegreen 1]

Hello, thanks for your response. Apologies that I have only just seen it. To be honest I'm not sure how long we've been in background checks for. We could try calling and asking but I always find the agents on the phone (no matter what tier they are) to be so reluctant to give us any information. I know someone who filed in October 2014 and is still stuck in these illusive background checks.

Thank you - I really hope that it comes through soon too!

We filed October 2014, made a fuss and inquiries and got senator envolved June/ July, moved out of "official processing times" in Mid-July and were told in late July 2015 that we were currently going through background checks. Got our NOA2 in mid-August.

And we also went through a spot of "ups, we put the petitioners name into the system the wrong way around, we should fix it" before our NOA2.

Some people have to wait way longer than anybody else and they will never let you know why. Did you ask since when you are in background checks?

My personal take on our own petition was that we werent even put into background checks until we got the senator involved and that it never even got worked on before. That theory fits with all the answers we got before and after. Of course, I will never know for sure.

Good luck! I hope you get your soon! It sucks to be waiting this long.

[zfx 0]

We were in the same dilemma. Filed in Dec 2014. Background checks after RFE response in March 2015.

I did contact the Congressman's Office (not much help) and wrote to the USCIS Ombudsman (their office emailed me half a day before actual approval, so I'm thinking they had something to do with it).

I had spoken to an immigration lawyer who was well known to me about it. The way he said it, any time your name (or similar likeness) strikes a hit in their database, someone has to manually go in there and verify that this does not pertain to you. And frankly, you are not a priority to the FBI. They have other important things to do. So he advised 'just be patient. They will do it in their own convenient time.'

I was finally approved on Aug 31, 2015. So my advice is to keep the faith, be patient, email the ombudsman most importantly (if not done already), try the congressman and hopefully you will be approved shortly too.

[jadegreen 1]

Thanks for the reply! Our senator finally got back to us saying that our case was now with an adjudicating officer (on October 3rd). If we don’t hear by the end of the week then we will contact the Ombudsman like you suggest. J

We were in the same dilemma. Filed in Dec 2014. Background checks after RFE response in March 2015.

I did contact the Congressman's Office (not much help) and wrote to the USCIS Ombudsman (their office emailed me half a day before actual approval, so I'm thinking they had something to do with it).

I had spoken to an immigration lawyer who was well known to me about it. The way he said it, any time your name (or similar likeness) strikes a hit in their database, someone has to manually go in there and verify that this does not pertain to you. And frankly, you are not a priority to the FBI. They have other important things to do. So he advised 'just be patient. They will do it in their own convenient time.'

I was finally approved on Aug 31, 2015. So my advice is to keep the faith, be patient, email the ombudsman most importantly (if not done already), try the congressman and hopefully you will be approved shortly too.