"Pending Security Checks" Question

[jxiong 0]

Hello

I have a question about Security checks done by the Department of Defense.

First of all I want to thank everyone here at Visa Journey. This forum has kept my head high feeling that tomorrow might be the day me and my fiancé receive our NOA2. I’ve read through many forums and have learned a lot, hopefully when I get approved I can participate and help someone else out from my own experience.

Here is my quick timeline:

Met online in September 2014

Traveled and visited her from 1/29/2015 to 2/18/2015

Submitted I-129F on 8/3/2015

Texas Drop Box Rcvd and transfer on 8/8/2015

California Service Center received ppwk on 8/11/2015, NOA1 received and status online updated.

Nothing since then

I’ve called multiple times and they’ve came back with the “Pending security checks” generic email with no real timeframe. It has been more than 233 days since the NOA1, does anyone know how long it usually takes for the Security Checks. I’ve already contacted my congressman. From what I’ve read in the forums contacting USCIS is useless as they cannot control these security checks and a tier two officer is also not so helpful.

I have a theory of why my security checks might be taking a bit longer, I was actually under investigation for a Felony in early 2015 but the investigation has since been declined by the DA. I had called to confirm this in February of 2016. I’ve called the DA’s office and they said that this shouldn’t affect my Visa Process because no real case was taken, they said they will only send a letter to USCIS if I can show them that I need them to send that letter (For example a rejection letter from the USCIS NOA2). During a background check would Homeland Securities or Department of Defense request these items from the DA or the local Police? How long would that take? Or will this hold up due to the Statute of Limitations? I know many may say “Get a Lawyer” or “Just wait” but I was just wondering if anyone was in this situation before or know anyone in this situation.

I’ll just keep praying tomorrow will be the day, it’s been a long struggle but we are hoping and praying every day. Sometimes we argue about this process and why it takes so long but I always try to reassure her that the USCIS will not let us down at the end and that we’ll be together, some people have waited longer.

Thanks for any suggestions or comments.

[Pitaya 2,577]

~Moved from K1 Process to K1 Progress Forum~

~Inquiry about case status~

[B&Z 201]

Hello

I have a question about Security checks done by the Department of Defense.

First of all I want to thank everyone here at Visa Journey. This forum has kept my head high feeling that tomorrow might be the day me and my fiancé receive our NOA2. I’ve read through many forums and have learned a lot, hopefully when I get approved I can participate and help someone else out from my own experience.

Here is my quick timeline:

Met online in September 2014

Traveled and visited her from 1/29/2015 to 2/18/2015

Submitted I-129F on 8/3/2015

Texas Drop Box Rcvd and transfer on 8/8/2015

California Service Center received ppwk on 8/11/2015, NOA1 received and status online updated.

Nothing since then

I’ve called multiple times and they’ve came back with the “Pending security checks” generic email with no real timeframe. It has been more than 233 days since the NOA1, does anyone know how long it usually takes for the Security Checks. I’ve already contacted my congressman. From what I’ve read in the forums contacting USCIS is useless as they cannot control these security checks and a tier two officer is also not so helpful.

I have a theory of why my security checks might be taking a bit longer, I was actually under investigation for a Felony in early 2015 but the investigation has since been declined by the DA. I had called to confirm this in February of 2016. I’ve called the DA’s office and they said that this shouldn’t affect my Visa Process because no real case was taken, they said they will only send a letter to USCIS if I can show them that I need them to send that letter (For example a rejection letter from the USCIS NOA2). During a background check would Homeland Securities or Department of Defense request these items from the DA or the local Police? How long would that take? Or will this hold up due to the Statute of Limitations? I know many may say “Get a Lawyer” or “Just wait” but I was just wondering if anyone was in this situation before or know anyone in this situation.

I’ll just keep praying tomorrow will be the day, it’s been a long struggle but we are hoping and praying every day. Sometimes we argue about this process and why it takes so long but I always try to reassure her that the USCIS will not let us down at the end and that we’ll be together, some people have waited longer.

Thanks for any suggestions or comments.

The Department of Defense (military and coast guard) is not investigating you. USCIS falls under the Department of Homeland Security...totally different from Dept of Defense.

That being said, I'm not an expert, nor do I have direct experience with this particular kind of situation by any means, so please take what I say with a grain of salt, as I am just brainstorming here...

It might be helpful for you to:

1. Obtain a copy(ies) of your police record(s),

2. Make a copy of USCIS's general "pending security checks" email they sent you,

3. Write a note that says what you suspect is holding up the security check and give an explanation of your correspondence with the DA.

I figure it couldn't hurt to be proactive and transparent with USCIS since it looks like no one else (DA or Congressman) seems to be helping you at this point.

Then again, there's no telling what research USCIS has already done on this (I'm sure they've already seen your police record, but you could at least point them in the direction of the DA for more details or something). They could be close to the end of their investigation, or they could be stalled on it. Investigators can sometimes move slower than molasses.

Edited March 30, 2016 by B&Z

[jxiong 0]

The Department of Defense (military and coast guard) is not investigating you. USCIS falls under the Department of Homeland Security...totally different from Dept of Defense.

That being said, I'm not an expert, nor do I have direct experience with this particular kind of situation by any means, so please take what I say with a grain of salt, as I am just brainstorming here...

It might be helpful for you to:

1. Obtain a copy(ies) of your police record(s),

2. Make a copy of USCIS's general "pending security checks" email they sent you,

3. Write a note that says what you suspect is holding up the security check and give an explanation of your correspondence with the DA.

I figure it couldn't hurt to be proactive and transparent with USCIS since it looks like no one else (DA or Congressman) seems to be helping you at this point.

Then again, there's no telling what research USCIS has already done on this (I'm sure they've already seen your police record, but you could at least point them in the direction of the DA for more details or something). They could be close to the end of their investigation, or they could be stalled on it. Investigators can sometimes move slower than molasses.

Thanks! I'll take that suggestion. And sorry I meant to write Homeland Securities, I probably wrote Dept of Defense on accident I was watching a Military Documentary while typing this up LOL.

[yuna628 9,700]

As a general rule, CSC is a fairly fast service center to process applications. However, things happen. That being said, you are outside normal processing time and have the ability to put in a service request with the USCIS, you also have the right to contact congresspersons or senators that may be able to assist you and prompt things along. Don't just try one person.

I don't know exactly where the beneficiary in this case resides, but there are some cases of those being from middle eastern countries or other areas of concern that have lengthy delays due to background checks.

[jxiong 0]

As a general rule, CSC is a fairly fast service center to process applications. However, things happen. That being said, you are outside normal processing time and have the ability to put in a service request with the USCIS, you also have the right to contact congresspersons or senators that may be able to assist you and prompt things along. Don't just try one person.

I don't know exactly where the beneficiary in this case resides, but there are some cases of those being from middle eastern countries or other areas of concern that have lengthy delays due to background checks.

Thanks Yuan628, I've contacted my congressmen, put in 3 service request already, spoke with the USCIS directly, and going to right my senators. I might write my DA to help give additional substance to USCIS. My Fiance is from Laos.

[yuna628 9,700]

The ombudsman may also be able to help you.

[jxiong 0]

The ombudsman may also be able to help you.

Have you or anyone used a ombudsman before? Sorry if I'm ill-informed. Do you know where I would go to find this information?

Thanks!

[yuna628 9,700]

Not me personally no, but I'm sure plenty here have in order to get some sort of answer on their cases. Instructions are here: https://www.dhs.gov/case-assistance

I believe you could also find out additional information on your case by making an INFOPASS appointment. Have you received a formal response regarding your service requests or through the congressperson? The USCIS phone line response of ''background checks'' is a general term that means pretty much nothing at all, in fact I wouldn't exactly trust that information on the face of it.

[baron555 934]

I have a question about Security checks done by the Department of Defense.

DHS actually.

California Service Center received ppwk on 8/11/2015, NOA1 received and status online updated.

Nothing since then

One should plan for the NOA2 within 10 months and be happy with 5. Your case may typical of the former.

I’ve called multiple times and they’ve came back with the “Pending security checks” generic email with no real timeframe. It has been more than 233 days since the NOA1, does anyone know how long it usually takes for the Security Checks. I’ve already contacted my congressman. From what I’ve read in the forums contacting USCIS is useless as they cannot control these security checks and a tier two officer is also not so helpful.

Yep, typical.

I have a theory of why my security checks might be taking a bit longer, I was actually under investigation for a Felony in early 2015 but the investigation has since been declined by the DA. I had called to confirm this in February of 2016. I’ve called the DA’s office and they said that this shouldn’t affect my Visa Process because no real case was taken, they said they will only send a letter to USCIS if I can show them that I need them to send that letter (For example a rejection letter from the USCIS NOA2).

Probably no relation to your case.

During a background check would Homeland Securities or Department of Defense request these items from the DA or the local Police?

Usually not, they access international and national databases. They have access to information about you that even you don't know.

How long would that take?

Plan for 10 be happy with 5 again.

Or will this hold up due to the Statute of Limitations?

Nope, not applicable.

I know many may say “Get a Lawyer”

If you want to spend money, sure. They don't have any other insight that you don't have.

or “Just wait” but I was just wondering if anyone was in this situation before or know anyone in this situation.

We've seen it. We've seen cases take more than a year.

Sometimes we argue about this process and why it takes so long but I always try to reassure her that the USCIS will not let us down at the end and that we’ll be together, some people have waited longer.

Use this to strengthen your relationship.

[jxiong 0]

Not me personally no, but I'm sure plenty here have in order to get some sort of answer on their cases. Instructions are here: https://www.dhs.gov/case-assistance

I believe you could also find out additional information on your case by making an INFOPASS appointment. Have you received a formal response regarding your service requests or through the congressperson? The USCIS phone line response of ''background checks'' is a general term that means pretty much nothing at all, in fact I wouldn't exactly trust that information on the face of it.

Thank you again Yuna628

Thanks Baron 555. This helps me keep my head up.

Thank you all for responding!

[tomyka81 95]

If you were arrested, that information is sent to DOJ. If your case was not adjudicated it may cause a delay as the computer system will not have that resolution but will have an arrest record. So the file may have been physically requested from your local prosecutor for resolution. Now whether the local offices responded is another matter. Whether an investigator was dispatched to check the record him/herself is another matter. You should have received some sort of disposition from the state prosecutor if an arrest was involved.

Edited March 30, 2016 by tomyka81

[jxiong 0]

Hello tomyka81, I was never arrested or never had a warrant out.

[jxiong 0]

Just in case anyone is curious, April 11th marks 8 months. I've contacted an ombudsman to help out so hopefully it helps or I get more information. I finally spoke with a T2 Officer and he was no help. He didn't seem like he wanted to help at all, he just asked me for some info and told me that it's "pending security checks" and nothing he can do. Long awkward pauses in our conversations. Rewriting my congressman and senators today and see if that would help any. Thanks everyone for helping me out.

[LukeLee 1]

When you contact ombudsman does he help? I'm 6 months into it, and still no NAO2. I believe I have a clear record due to that fact that my position requires annual security clearances in order to be employ.