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yogurtyoga

Background Check pending for 10 months, what can I do?

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Filed: K-1 Visa Country: China
Timeline

We file I-485 in late March, and have not been contacted by USCIS after biometric. Congress man called this morning and said my background check is still pending. 

 

We file ombudsman last week.

 

Anything else  I can do to expedite this process?

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Not really, to be honest. They are waiting for the background check to complete, which is not in USCIS' hands.

 

Technically, you could file suit (writ of mandamus) to force them to make a decision. However, this would most likely backfire and cause them to deny the AOS outright if they are waiting for something out of their hands. I wouldn't suggest doing this and am only presenting it since you asked for anything else you could do.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: K-1 Visa Country: China
Timeline
3 hours ago, geowrian said:

Not really, to be honest. They are waiting for the background check to complete, which is not in USCIS' hands.

 

Technically, you could file suit (writ of mandamus) to force them to make a decision. However, this would most likely backfire and cause them to deny the AOS outright if they are waiting for something out of their hands. I wouldn't suggest doing this and am only presenting it since you asked for anything else you could do.

 

Geowrian, Thank you so much. I am worried that they forget my case. but you are right that I don't want to irritate the USCIS. 

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3 minutes ago, yogurtyoga said:

 

Geowrian, Thank you so much. I am worried that they forget my case. but you are right that I don't want to irritate the USCIS. 

You're still in fairly normal processing times. There's no need to worry about that yet. :)

 

It's not so much about annoying them. They just aren't going to approve a case without a completed background check, and they aren't the ones doing the actual checks (FBI, other agencies, etc.), so there's not really anything they can do until they hear back from the other agencies.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: K-1 Visa Country: China
Timeline
On Thursday, January 19, 2017 at 1:21 PM, geowrian said:

You're still in fairly normal processing times. There's no need to worry about that yet. :)

 

It's not so much about annoying them. They just aren't going to approve a case without a completed background check, and they aren't the ones doing the actual checks (FBI, other agencies, etc.), so there's not really anything they can do until they hear back from the other agencies.

 

Geowrian, thank you so much. 

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