AOS interview successful, but waiting for FBI name check

[LaL 418]

and yes i am prepared for the insults having 'spoken' my mind. but i have to vent!!

Currently nothing makes my blood boil more than tourist adjusters who are done in 3 months.

yes, but i am sure ANY adjuster regardless of how they are adjusting go through FBI namecheck. I'm sorry, I don't get the suggestion that people are being *skipped* or receiving an abridged version of the clearance. so many more people go through this process without a hitch than those who get stuck.

[rebeccajo 14]

and yes i am prepared for the insults having 'spoken' my mind. but i have to vent!!

Currently nothing makes my blood boil more than tourist adjusters who are done in 3 months.

yes, but i am sure ANY adjuster regardless of how they are adjusting go through FBI namecheck. I'm sorry, I don't get the suggestion that people are being *skipped* or receiving an abridged version of the clearance. so many more people go through this process without a hitch than those who get stuck.

Depends on your definition of 'abridged'.

Prove to me that their checks aren't being expedited.

Plus the mere fact that they don't need to be interviewed. What makes their relationship more bonafide than mine? Their affidavit of support more secure?

The only benefit to me personally that I see in this injustice is they are setting precedent for an argument that could be used against them for WOM.

[LaL 418]

i dont know Bec. i just can't see this one piece being skipped, i dont have any proof, but we also don't have proof that they are being expedited.

i recall you saying yourself some K1 interviews are merely a formality. maybe just due to the backlog they have they are subjectively sending ones to the CSC under the same guise. FBI namechecks do not normally take as long as ours or others in our listing

its all speculation. and i think we make ourselves more crazy

Edited December 8, 2006 by lal_brandow

[Trompe le Monde 1,107]

well, correct me if I'm wrong, but tourist adjusters do not have to supply police reports -- I wouldn't know if the kind of crime (assault, minor drug conviction) that might require someone on a K visa to submit a waiver would come up on an FBI clearance. Considering my husband's (clean) police report took more the full 6 weeks to arrive from when we ordered it during the K process, I'm going to suggest no

[LaL 418]

could this be because the government really isn't concerned about the citizens of people from VWP countries? i am soo going out on a limb here.

[MaryandMian 1]

could this be because the government really isn't concerned about the citizens of people from VWP countries? i am soo going out on a limb here.

Laura I have been thinking this as well. I come in here all the time and looking at the growing list and wait times of some of those that have filed. I think that is part of the answer to alot of those that breeze through the processing.

[MHandMB 0]

I keep up with this thread some, and I have to say, I don't know how y'all do it. I really wish someone could explain why some people get approved without an interview after only a few weeks of wait time, and some wait months, even years, for the name checks to be completed. I was one of the lucky ones, and I recognize that. I hate that there are those of you who have had to wait so long.

My fiance did not come from a VWP country, and we got a quick approval without an interview after being transferred to CSC. So, I don't know what the criteria is for transfer. He did have to go through extra security checks after his visa interview, before his visa was issued, and we filed pretty quickly after he got to the US, but I still don't know why were were lucky and others weren't.

I'm keeping my fingers crossed for y'all that the green card comes soon. I can't imagine how frustrating it must be.

[rebeccajo 14]

could this be because the government really isn't concerned about the citizens of people from VWP countries? i am soo going out on a limb here.

Laura I have been thinking this as well. I come in here all the time and looking at the growing list and wait times of some of those that have filed. I think that is part of the answer to alot of those that breeze through the processing.

I think if you look at how many in the name check list are from the UK then you'll see that theory is pretty much moot.

[Yodrak 7]

lal_bradlow and MaryandMian,

Not all tourists are from VWP countries. An not all adjusters from non-immigrant status other than K are tourists.

Yodrak

could this be because the government really isn't concerned about the citizens of people from VWP countries? i am soo going out on a limb here.

Laura I have been thinking this as well. I come in here all the time and looking at the growing list and wait times of some of those that have filed. I think that is part of the answer to alot of those that breeze through the processing.

[rebeccajo 14]

i dont know Bec. i just can't see this one piece being skipped, i dont have any proof, but we also don't have proof that they are being expedited.

i recall you saying yourself some K1 interviews are merely a formality. maybe just due to the backlog they have they are subjectively sending ones to the CSC under the same guise. FBI namechecks do not normally take as long as ours or others in our listing

its all speculation. and i think we make ourselves more crazy

I'm not saying the clearances are being skipped, although in my more angry, paranoid moments I've allowed my thoughts to go there. What I am saying is that NOBODY in the CSC threads are waiting an inordinate time. The most protracted case in that thread was filed last March I believe. The evidence is heavy to me that not only are these petitions not being fully adjudicated with an interview, but the namechecks have been put on some sort of expedite status.

Look, all it takes to move namecheck forward is for the file to progress. USCIS can assign priority to files thereby indicating they need an ASAP return on them from the FBI. The petitioner would still get checked out, but there's been a notation made to the file indicating an ASAP need for the results. All that has to happen is for the file not to get put on the bottom of an heap simply because it requires a lot of manual verification. Once the file is returned by the FBI, then the District Office takes it back over and can control the speed of the approval.

There's a basic overriding principal in our legal system and that's called the theory of the 'reasonable man'.

Simplistically, it's how a 'reasonable man' would react to something, perceive something, behave, etc. When the job is getting done in a multitude of specially selected cases, I don't think it would be much of a stretch for most reasonable people to conclude that other cases are being negligently handled.

[Yodrak 7]

rebeccajo,

Other possibilities: Perhaps only cases where the security checks come back quickly are 'qualified' to send to the CSC for completion without interview? Or if the security checks do not come back quickly the CSC returns to cases to the NBC for 'normal' processing?

Yodrak

..... The evidence is heavy to me that not only are these petitions not being fully adjudicated with an interview, but the namechecks have been put on some sort of expedite status.

.....

[payxibka 10,047]

rebeccajo,

Other possibilities: Perhaps only cases where the security checks come back quickly are 'qualified' to send to the CSC for completion without interview? Or if the security checks do not come back quickly the CSC returns to cases to the NBC for 'normal' processing?

Yodrak

NBC? Are they now sending things to 30 Rockefeller Center?

[LaL 418]

could this be because the government really isn't concerned about the citizens of people from VWP countries? i am soo going out on a limb here.

Laura I have been thinking this as well. I come in here all the time and looking at the growing list and wait times of some of those that have filed. I think that is part of the answer to alot of those that breeze through the processing.

lal_bradlow and MaryandMian,

Not all tourists are from VWP countries. An not all adjusters from non-immigrant status other than K are tourists.

Yodrak

i recognize that Yodrak. I am just saying that as far as the annoyance for tourist adjusters would be they have already applied for a visa and been approved (B2 i suppose); sorry to have mixed in VWP there - although its not a stretch to assume that there isn't a concern for VWP or Canadians adjusting given their ease in entrance.

[WifeOHunkyJohn 2]

We are awaiting the FBI name check and we know this, even though we have not had an interview yet, because John actually managed to speak to a physcial person at USCIS/Homeland who made investigations on our behalf and told us. So even though I'm from the UK (a visa waiver country), we are finding it just as hard to understand why it is that we have found ourselves stalled in this process and are having no success from any official front as to what the actual holdup might be. We did get reassured though that files don't get left in the corner to gather dust while the namecheck is ongoing, but that doesn't really help us to expedite the process or know what the actual delay is.

Of course, since we haven't had an interview yet, but were transferred to CSC, I doubt that qualifies us to be added to the 'waiting for an FBI namecheck' list.

Which is a shame, because the process of waiting does get very lonely sometimes.

[Yodrak 7]

WifeOHunkyJohn,

I guess that eliminates the possibilities that I thought of!

Yodrak

We are awaiting the FBI name check and .... we haven't had an interview yet, but were transferred to CSC, .....

Edited December 8, 2006 by Yodrak