TSC case held for background check....help?!

[mnashville 0]

Hi everyone I have tried asking for help before but our case had taken a turn....

I am from the states born and raised I work as a teacher and my fiance is from South Africa.

I sent our case in and got out NOA1 on Jan 6, 2015, we received an RFE July 7... sent it back and received July 20 Now after the extended time they have had to get a response with nothing ever said to us, I sent a case inquiry. I got a response yesterday that devastated me, it is still currently open for background check.

What does this mean, how long can it take, and is there anything that we can do?! I called yesterday and they told me there is nothing not even sending in police clearance to speed things up. Who are they looking into and why?! I am a teacher I work in a public school where background checks are always done. I don't understand this!

Has this happened to anyone else and how long did it take to get a response and is there a place I can call to find out how far along they are or what it is that is holding this up. I have read if you have a typical name that can hold things up but that is certainly not the case and have a different name.

Anyone that can shed some light would be so appreciated.

[acgmph 42]

The background check done at this stage is more laborious than the one you pass at employment. They're doing a background check on your fiancee (FBI, CIA etc.) to make sure she doesn't have links with terrorist organizations or any other illegal activity. What might delay this process is a familiar name, as in your fiancee's name is similar to some person on one of the POI databases, so it takes longer to clear her. Hang in there, nothing is denied yet, be hopeful everything's gonna be OK and you will receive your NOA2 in no time!

Edited September 29, 2015 by acgmph

[mnashville 0]

I (American) am female and petitioning for him in South Africa. Does that have anything to do with it since typically it is the other way around?

What is the typical waiting time for something like this to go through? Is there a place to check this online?

[acgmph 42]

There is no deadline nor somewhere where you can check. You just have to wait. If it's outside of USCIS' usual processing times (5 months since RFE is received), then you can contact your congressman/senators.

It has nothing to do with you sponsoring him. I used the analogy as most situations are the other way around (him sponsoring her).

[mnashville 0]

He has a common last name but not first so its just hard to understand, also if he has to get police clearance for the interview what's the emphasis on it now? We sent in papers in JAnruary there is no time limit at all for this whole things because this time frame seems excessive. Do they prioritize based on time that it has been?

[acgmph 42]

Their usual timeframe to adjudicate petitions is 5 months. Anything outside of that is not normal and you can start raising flags. If you replied to the RFE in July, then they have 5 months from when they received your answer (because the clock resets if there's an RFE) - you're looking at an end of December deadline now. Only then you can start calling/bugging/submit senatorial inquiry. They will tell you they are in the normal processing time until then.

They have their own internal processes and protocols which they have to follow. Nothing you say or do will speed things up - unless they are outside of the 5 months. You just have to wait...

[mnashville 0]

Do you know where I can find that information so that when that 5 months is up and I haven't heard anything I can have that. Also will they respond differently to a senator inquiring about the case? Thank you for the help I just wish I know how much time to even expect to wait :/

[Anh map 2,098]

Asking a Senator's office to check can't hurt. So go ahead and ask. That's all you can do. This process takes time.