Stuck in USCIS background check for K-1 Visa application

[chvsky 1]

I am frustrated beyond words can express. Just wondering if there is anyone in the same boat. I received my NOA1 back in 11/07/2014. I have been waiting for NOA2 or RFEs in vain ever since. I have made numerous case inquiries to USCIS, and the responses have been the same annoying generic response. I even had my congress representative follow up on my behave. And the response she got was just as generic as the ones that I have been getting.

The response in part reads "USCIS is committed to adjudicating immigration benefits in a timely and efficient manner while also ensuring public safety, national security and compliance with all relevant directives. While the processing steps for most applications or petitions are completed quickly, a small percentage of cases involve unresolved issues that may result in adjudication delays... We are unable to determine at this time when the review process for the petition will be completed. USCIS will issue a decision on the petition once certain issues are resolved. We are striving to resolve these issues as soon as possible."

Now I'm turning to the Visa Journey community again for any advice/opinion/suggestions. FYI, I am absolutely 100% sure that I have no criminal background whatsoever. Maybe a speeding ticket back 2005.

[TBoneTX 45,287]

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

[Nikitka85 8]

I know exactly how you feel - I had to wait for mine for 56 days and almost got crazy - if I am not mistaken, you are on day 53 so still fine hehe. Just joking. Im sure we all want the process to go as fast as possible and it's frustrating when we see people getting approved day after day, even those who filed way after us.

But the more I read through the forum, the more I realize how lucky we all are now - even though in our eyes 2 months seem terribly long. It wasnt always this fast - only a few months ago 4 month processing time was considered WOOW!

Who knows what kind of background checks they have to do, how many agencies they request feedback from. Also the more countries you travelled to or the more times you visited USA, the longer it will probably take - or if you were granted a visa in the past. I am also sure that as a future resident of the USA you would also not want them to let "just anyone" into the country - well after the shooting incident in CA i wouldnt blame them for a little more caution.

Plus as stated many times before, we also should understand that these people at USCIS are only people - with vacations and sick kids who also want to celebrate Christmas in peace and quiet.

I know these are just words that may not help you in any way but as coming from someone who obsessively checked the case status 200times a day (even though I know the approval texts and emails only come at 9pm California time) and now checking the DHL tracking site every few hours, believe me I know what you are going through and that all you can do it wait.

Just HANG IN THERE!! Get a hobby, start reading a cool book, the approval WILL come Afterwards it will all be so fast, you won't know what to do first :)

Hopefully you'll get the approval veeery soon. Sending some relaxing vibes your way ............ ................ ............. :-P

[cdneh 3,112]

I am frustrated beyond words can express. Just wondering if there is anyone in the same boat. I received my NOA1 back in 11/07/2014. I have been waiting for NOA2 or RFEs in vain ever since. I have made numerous case inquiries to USCIS, and the responses have been the same annoying generic response. I even had my congress representative follow up on my behave. And the response she got was just as generic as the ones that I have been getting.

The response in part reads "USCIS is committed to adjudicating immigration benefits in a timely and efficient manner while also ensuring public safety, national security and compliance with all relevant directives. While the processing steps for most applications or petitions are completed quickly, a small percentage of cases involve unresolved issues that may result in adjudication delays... We are unable to determine at this time when the review process for the petition will be completed. USCIS will issue a decision on the petition once certain issues are resolved. We are striving to resolve these issues as soon as possible."

Now I'm turning to the Visa Journey community again for any advice/opinion/suggestions. FYI, I am absolutely 100% sure that I have no criminal background whatsoever. Maybe a speeding ticket back 2005.

Have you been waiting for a NOA2 since 2014? 13 months?

[yuna628 9,676]

Since 2014?! This is not a typo correct? My goodness, I'm so sorry for you.

Try your senator if possible, and then the ombudsman.

[Ebunoluwa 6,136]

I am frustrated beyond words can express. Just wondering if there is anyone in the same boat. I received my NOA1 back in 11/07/2014. I have been waiting for NOA2 or RFEs in vain ever since. I have made numerous case inquiries to USCIS, and the responses have been the same annoying generic response. I even had my congress representative follow up on my behave. And the response she got was just as generic as the ones that I have been getting.

The response in part reads "USCIS is committed to adjudicating immigration benefits in a timely and efficient manner while also ensuring public safety, national security and compliance with all relevant directives. While the processing steps for most applications or petitions are completed quickly, a small percentage of cases involve unresolved issues that may result in adjudication delays... We are unable to determine at this time when the review process for the petition will be completed. USCIS will issue a decision on the petition once certain issues are resolved. We are striving to resolve these issues as soon as possible."

Now I'm turning to the Visa Journey community again for any advice/opinion/suggestions. FYI, I am absolutely 100% sure that I have no criminal background whatsoever. Maybe a speeding ticket back 2005.

You must be stuck in some specific security check probably due to your name/job/ countries visited etc.

I would contact not the same congressman but a senator (one of the two in your state ) and email the Ombudsman.

Request location of your file and that a decision will be made and tell the senator aid not to take just a generic answer, although they are not

required to be transparent about the exact checks and issues.

You could file a writ of mandamus but if the checks are not completed that could backfire with a denial and then you have to start over

and run into the same delay.

[Unidentified 2,930]

I know exactly how you feel - I had to wait for mine for 56 days and almost got crazy - if I am not mistaken, you are on day 53 so still fine hehe. Just joking. Im sure we all want the process to go as fast as possible and it's frustrating when we see people getting approved day after day, even those who filed way after us.

But the more I read through the forum, the more I realize how lucky we all are now - even though in our eyes 2 months seem terribly long. It wasnt always this fast - only a few months ago 4 month processing time was considered WOOW!

Who knows what kind of background checks they have to do, how many agencies they request feedback from. Also the more countries you travelled to or the more times you visited USA, the longer it will probably take - or if you were granted a visa in the past. I am also sure that as a future resident of the USA you would also not want them to let "just anyone" into the country - well after the shooting incident in CA i wouldnt blame them for a little more caution.

Plus as stated many times before, we also should understand that these people at USCIS are only people - with vacations and sick kids who also want to celebrate Christmas in peace and quiet.

I know these are just words that may not help you in any way but as coming from someone who obsessively checked the case status 200times a day (even though I know the approval texts and emails only come at 9pm California time) and now checking the DHL tracking site every few hours, believe me I know what you are going through and that all you can do it wait.

Just HANG IN THERE!! Get a hobby, start reading a cool book, the approval WILL come Afterwards it will all be so fast, you won't know what to do first :)

Hopefully you'll get the approval veeery soon. Sending some relaxing vibes your way ............ ................ ............. :-P

He's been waiting since 2014, not 53 days..

[tyler007 26]

I was going to say. Not even 2 months and this guy is over the edge already? Ok 1 year that is a whole different story.

It only takes 15 minutes on average for them to review a case. It isn't rocket science.

If they found any problem they would have already sent you an RFE.

Have you moved?

Did you request to be notified via TEXT/email?

Unless there is some major issue that you are leaving out then I would say your file may have been misplaced.

Even Texas Service Center does not take this long.

Have you considered refiling? I'm not saying to do that but look into it at lease.

I hope you have good news soon.

[chvsky 1]

It has been 14 good months and not 2 months. Yes I have moved and I changed my new address with USCIS and they have confirmed of my new address in their system. I can also get notified via email and text. Refiling will only make the wait much longer. Asking them to decide on my case, will be an automatic denial. Never felt so helpless and so mad and frustrated. If only I could know exactly what's causing the delay.

I have even talked to USCIS and they said that my file is not lost except that they are waiting for the background check to clear before they can move forward. I really doubt that its my name or my Job title or the country that I came from.

It has been a miserable. Not knowing when this will come to an end. I will try one of my senators and see if this is something that they can help with. Thanks for all your inputs.

[tyler007 26]

Is your name on a no fly list? Not you specifically but just your name.

[chvsky 1]

No it is not. I have flown in and out of the country for business and vacations without any problem.

[Nikitka85 8]

OMG!!! Im such a dumb-a** !!! I misread So sorry for my stupid comment then, I take it back. 2014?? Wow, then no, I cannot imagine how frustrated/furious you must be :( Big fail on USCIS side.

In that case I would agree with what was stated above, senator or ombudsman could be the way to go.

Good luck

[Chris and ZhiJia 146]

Honestly, it may not even be USCIS's fault, he indicated that they told him they are waiting for a background check to come back, so it is possible, that their hands are tied by another foreign entity. 14 months does suck, but it is at least apparent that USCIS is communicating with him when he requests updates.

Edited December 31, 2015 by Chris.M

[jadegreen 1]

We were stuck in background checks too, I’m from the UK. I have no idea why it happens to some cases. Neither of us have criminal records. We tried everything from calling USCIS multiple times, to speaking to a senator who made inquiries on our behalf. The senator said that we would hear from USCIS at the end of October 2015 and it wasn’t until 24 November 2015 that we were actually approved. We applied 11 December 2014 – that’s 348 days for our NOA2 and it was hell. Try a senator and try OMBUDSMAN. We gave up hope and were actually going to apply for a UK fiancé visa when it finally came through. If you ever want to talk just let me know, I understand how hard it is to have to wait and not have a clue what you can do about it.

[chvsky 1]

Jadegreen: Thanks for your reply. I'm loosing hope since its over 400 days already. I just faxed my senator the immigration assistance form today. I'm hoping that she will help but at times I think it will not make any different. Its just feels hopeless to talk USCIS. I have been thinking of plan B, but at times i hold back thinking that I will get a response like tomorrow, and that response from USCIS has not come. Very frustrating.