AOS interview successful, but waiting for FBI name check

[ljpren 0]

Hey Laura,

I wanted to thank you and Rebecca who has invited me to the phone call last night.

It has been very interesting to listen and encouraging that people out there care and want to change things for the better.

I am getting more and more frustrated with my own case. Called the help line today... what a waste...

it will be 2 years next week since we filed AOS and nothing seems to be happening.

Contacting senator did nothing... I am not sure how much longer we should wait.

Anyway best of luck to all,

thanks again for having us yesterday and hopefully we will be able to get involved a bit as well

Best

Luc (NYC)

[rebeccajo 14]

I enjoyed last nights conference as well.

So often we grumble and complain about the process. If any legislation gets passed this year regarding USCIS/FBI accountability regarding the namecheck process, it will in no small part pass because of the efforts of AFU. If you want to be a part of REAL immigration change, now is the time to get involved.

[Estella76 0]

I finally called the hotline today. The woman said we are well outside the processing time (interview was August 30) and would do that infamous request for info, but she said that my husband had to be the one to make the request, since he is the non-USC. I think that is silly since Im his petitioner and had all the relevant info. I can vouch to financially support him if need be, but I cant make an inquiry on his behalf?? There is totally no logic here! Anyway he works during their call center hours and has no access to phones where he is so BLAH to USCIS.

[LaL 418]

I finally called the hotline today. The woman said we are well outside the processing time (interview was August 30) and would do that infamous request for info, but she said that my husband had to be the one to make the request, since he is the non-USC. I think that is silly since Im his petitioner and had all the relevant info. I can vouch to financially support him if need be, but I cant make an inquiry on his behalf?? There is totally no logic here! Anyway he works during their call center hours and has no access to phones where he is so BLAH to USCIS.

from what i understand, service requests cannot help you. again, nothing can hurt, but dont expect too much from it. A USCIS officer (not a customer service rep) advised me the service reps will send the service requests

[LaL 418]

I finally called the hotline today. The woman said we are well outside the processing time (interview was August 30) and would do that infamous request for info, but she said that my husband had to be the one to make the request, since he is the non-USC. I think that is silly since Im his petitioner and had all the relevant info. I can vouch to financially support him if need be, but I cant make an inquiry on his behalf?? There is totally no logic here! Anyway he works during their call center hours and has no access to phones where he is so BLAH to USCIS.

from what i understand, service requests cannot help you. again, nothing can hurt, but dont expect too much from it. A USCIS officer (not a customer service rep) advised me the service reps will send the service requests to NBC, there they will stop and will not be forwarded on to your local office for review. Again, it cant hurt, but after my four service requests went unanswered i was transferred to the officer who gave me this information.

Edited January 4, 2007 by lal_brandow

[LaL 418]

Hey Laura,

I wanted to thank you and Rebecca who has invited me to the phone call last night.

It has been very interesting to listen and encouraging that people out there care and want to change things for the better.

I am getting more and more frustrated with my own case. Called the help line today... what a waste...

it will be 2 years next week since we filed AOS and nothing seems to be happening.

Contacting senator did nothing... I am not sure how much longer we should wait.

Anyway best of luck to all,

thanks again for having us yesterday and hopefully we will be able to get involved a bit as well

Best

Luc (NYC)

keep positive Luc. just think, you are now in the running for the 10 year greencard! you get to save nearly $400 for Lifting of Conditions!

[rebeccajo 14]

I think that is silly since Im his petitioner and had all the relevant info. I can vouch to financially support him if need be, but I cant make an inquiry on his behalf?? There is totally no logic here! Anyway he works during their call center hours and has no access to phones where he is so BLAH to USCIS.

Just a wee smidge of a clarification....

You are your husband's sponsor. Not his petitioner. The USC petitions for the K1 or for the visa. The immigrant petitions for their own Adjustment of Status.

Also I believe you can make an infopass appointment online - you don't have to phone for one. But he would have to be the one to go to the appointment.

Edited January 5, 2007 by rebeccajo

[Traditions Way 0]

Hi, Rebeccajo! Does the petitioner needs to go to the infopass appointment?

I think that is silly since Im his petitioner and had all the relevant info. I can vouch to financially support him if need be, but I cant make an inquiry on his behalf?? There is totally no logic here! Anyway he works during their call center hours and has no access to phones where he is so BLAH to USCIS.

Just a wee smidge of a clarification....

You are your husband's sponsor. Not his petitioner. The USC petitions for the K1 or for the visa. The immigrant petitions for their own Adjustment of Status.

Also I believe you can make an infopass appointment online - you don't have to phone for one. But he would have to be the one to go to the appointment.

[Traditions Way 0]

Is there a way we can get in touch with the officer who conducted our AOS interview??

[rebeccajo 14]

The immigrant petitioner has to attend Infopass.

And you probably won't be able to get in touch with your AO unless they gave you contact information.

Edited January 5, 2007 by rebeccajo

[Estella76 0]

Thanks Rebecca for the clarification, the terminology is actually helpful to know. I think the USCIS lady got the drift that I wasnt the immigrant petitioner, she still needed my husband to be the one to make the request. I dont see anything coming out of it at all but at least I am trying and can document it. TGIF!! B)

[rebeccajo 14]

Well, we had our phone consultation with an immigration attorney yesterday.

Sum total result of the conversation was that at this stage, Wes' file is unlikely to be resolved without a Writ of Mandamus filing. At least not in the foreseeable future.

I learned a couple of things.

Number 1 - It's not all that uncommon for local offices to give contact numbers or email addresses to petitioners so they can stay in touch with their AO. As far as I'm aware of though, I'm virtually the only VJ member who has ever been given contact information. Perhaps it should be advised on this website that should you find yourself in our condition at the interview, you insist upon being given a means to stay in touch with your office.

Number 2 - Filing a Writ of Mandamus won't adversely affect your case. DHS/FBI don't get 'mad' and decline the AOS simply because of the Writ. The Writ forces a decision. If the decision is adverse that just means you found out sooner rather than later.

Number 3 - Any 'immigration issues' are addressed at the consular level or at AOS interview. We have been concerned about Wes having held a prior J visa and that there is some question about that particular stay in the US. We were advised that as Wes was never queried about that visa, then DHS has no issues with it. But FBI may be trying to connect the dots regarding the name and multiple visas. As such, there is no "problem" - ie the prior visa won't cause a denial - but it is causing FBI to sift through tons of old records. In other words it's a pain in the ### file on someone's desk.

Number 4 - It's not necessary to wait two yeara to file a Writ. Especially with a case like ours wherein every step our Wes' immigration has been done legally and in a timely manner. We filed for a visa rather than a straight adjustment - we married within 90 days - we filed for AOS before the I94 expired - we filed for EAD and he has worked legally - we had no 'hitches' thus far such as delayed biometrics - and we were interviewed in a timely manner. We have followed up on our case with email and phonecalls and we have two letters from a Senator. We don't need to continue to stockpile evidence of having followed up on his immigration status. We have complied with the law enough at this stage to demand a decision.

Number 5 - You can ask for damages in your Writ, but they will not be granted unless you prevail. In other words if simply by filing the Writ and noticing the defendants through service of process, FBI magically coughs up the namecheck and DHS issues your greencard - then you cannot recover damages. And, anecdotally this is what usually happens. The Writ would have to be ruled on by the judge for you to recover damages. And it's RARE to recover any damages beyond attorney fees and costs.

So now we must decide if we pursue a Writ in the near future or possibly wait until we have been married two years - thus putting the decision outside the timeframe for lifting of conditions and eliminating that step for us. However, as has been mentioned before, every day we are delayed stops Wes' citizenship clock.

Edited January 6, 2007 by rebeccajo

[Traditions Way 0]

Hi, Rebeccajo! I saw your timeline and it is close to one year since your AOS interview. Im just wondering if you receive your husband's greencard (I hope very sooooon) would it be the one with the 10 year expiration?

[LaL 418]

Hi, Rebeccajo! I saw your timeline and it is close to one year since your AOS interview. Im just wondering if you receive your husband's greencard (I hope very sooooon) would it be the one with the 10 year expiration?

rebecca would have to go almost another year on namecheck in order to *supposedly* be eligible for the 10 year greencard, however it is not a sure thing to receive. you must be married at least 2 years at the time of adjudication to be eligible.

this is the main reason why WOM is not important to us yet. we would rather take the gamble for another 9 months to see if we can get the 10 year. only difference is we would save $380 for EAD / AP renewal vs paying 275 (at the moment) for lifting of conditions. i would rather be done for 10 years.

[G&C 0]

I have researched this and not found a clear answer (if there is one).

Does/has anyone put together the stats, or even conjecture, regarding who is being flagged for these namechecks? Is it related to certain countries? Certain filers? Certain names? Whether the foreign fiance is male or female? Children? Certain background, or information, having an RFE?

Since I do not believe in coincidences, I believe there are guidelines to this being followed but of course not being shared with us.

This may not mean that name checks go any quicker, BUT by knowing this we can at least be prepared for the wait.

I am trying to be prepared to not have the wait! However, I am not confident given how long it took to get the K-1 visa versus others.

Thanks.