1 Year Delay I-130

[frankniehs 2]

Hi,

 

We filed concurrent I-130 and I-485 as spouse of US citizen from inside the US last year.

It's been 12 months now and the I-130 status still shows "Case was received and Receipt number sent) - When we did cognressional inquiry the answer was that the application is pending background security check! They did not disclose why, our lawyer says this is abnormal. 

We are thinking of what to do next? I am already in the US and travel in and out wth advance parole, I had before B1/B2 visa, I never faced any issues of travel.

Q1/ What can we do next?

Q2/ Does ombudsman request helps?

Q3/ If we ask for my file under the FOIA will it delay my case?

Q4/ If we do a mandamus lawsuit will it help? the lawyer says they will deny you because you did not gvie them enough time to finish their secuirty check.

 

Short info about me: European citizen with middle eastern background working in hi tech field.

If anyone has similar experience like this please share.

 

Thank you

[Verrou 1,962]

It depend on ur local FO. Some FO are busier than other. U can only do e-inquiry if ur I-485 is outside processing time. Have u check on USCIS website ? 
 

My friend filed in October 2020 and no interview until now. Her case won’t be outside processing time until February 2023. 
 

i don’t think it’s a good idea to file for FOIA request or file for mandamus at the moment. File mandamus only when u already exhausts any other way 

[frankniehs 2]

13 minutes ago, Misscloud said:

It depend on ur local FO. Some FO are busier than other. U can only do e-inquiry if ur I-485 is outside processing time. Have u check on USCIS website ? 
 

 

I-485 Nashville FO, I-130 Texas FO

[Penguin_ie 5,994]

***** Moving from CR-1 spousal visa fdorum, as Op is inside the US and so doesn;t need a visa, to AOS from Work/ Tourist etc visa forum for more answers ******

[frankniehs 2]

1 minute ago, Penguin_ie said:

***** Moving from CR-1 spousal visa fdorum, as Op is inside the US and so doesn;t need a visa, to AOS from Work/ Tourist etc visa forum for more answers ******

But the forum title says AOS from work, student, and tourist visas - I am family based AOS

[Penguin_ie 5,994]

4 minutes ago, frankniehs said:

But the forum title says AOS from work, student, and tourist visas - I am family based AOS

How did the foreigner in the couple get to the USA?

[SalishSea 17,847]

4 hours ago, frankniehs said:

Hi,

 

We filed concurrent I-130 and I-485 as spouse of US citizen from inside the US last year.

It's been 12 months now and the I-130 status still shows "Case was received and Receipt number sent) - When we did cognressional inquiry the answer was that the application is pending background security check! They did not disclose why, our lawyer says this is abnormal. 

We are thinking of what to do next? I am already in the US and travel in and out wth advance parole, I had before B1/B2 visa, I never faced any issues of travel.

Q1/ What can we do next?

Q2/ Does ombudsman request helps?

Q3/ If we ask for my file under the FOIA will it delay my case?

Q4/ If we do a mandamus lawsuit will it help? the lawyer says they will deny you because you did not gvie them enough time to finish their secuirty check.

 

Short info about me: European citizen with middle eastern background working in hi tech field.

If anyone has similar experience like this please share.

 

Thank you

Middle eastern background and tech background is why you’re in extended AP.   Would be same situation had you been petitioned for a visa instead of adjusting.

[powerpuff 6,713]

32 minutes ago, frankniehs said:

But the forum title says AOS from work, student, and tourist visas - I am family based AOS

It is family based. From work, tourist or student visas.

[Crazy Cat 41,903]

4 hours ago, frankniehs said:

Hi,

 

We filed concurrent I-130 and I-485 as spouse of US citizen from inside the US last year.

It's been 12 months now and the I-130 status still shows "Case was received and Receipt number sent) - When we did cognressional inquiry the answer was that the application is pending background security check! They did not disclose why, our lawyer says this is abnormal. 

We are thinking of what to do next? I am already in the US and travel in and out wth advance parole, I had before B1/B2 visa, I never faced any issues of travel.

Q1/ What can we do next?

Q2/ Does ombudsman request helps?

Q3/ If we ask for my file under the FOIA will it delay my case?

Q4/ If we do a mandamus lawsuit will it help? the lawyer says they will deny you because you did not gvie them enough time to finish their secuirty check.

 

Short info about me: European citizen with middle eastern background working in hi tech field.

If anyone has similar experience like this please share.

 

Thank you

1.  Nothing.  Wait it out.

2.  You will, likely, get the same answer since AP cannot be waived or expedited.

3.  Possibly.  But FOI will do nothing to help you.

4.  The attorney is right.  The WOM will force them to make a decision.  If background checks are not complete, you risk a denial.

What does "middle eastern background" mean?  

[frankniehs 2]

52 minutes ago, Crazy Cat said:

 

4.  The attorney is right.  The WOM will force them to make a decision.  If background checks are not complete, you risk a denial.

What does "middle eastern background" mean?  

Born in Iraq

Edited August 3, 2022 by frankniehs

[Letspaintcookies 2,310]

1 hour ago, frankniehs said:

But the forum title says AOS from work, student, and tourist visas - I am family based AOS

There are two categories for AOS topics in this forum. One is adjusting from a K1, and one is adjusting from everything else. Since you filed a I-130 it's apparently the second 😁

 

Unless you're outside of normal processing times there's not much to do. If you're you can inquire online. You can get the ombudsman or your congress person involved but only after being outside of normal processing times.

 

Google processing times and USCIS and it will take you to the right page where you can check these.

 

 

Edited August 3, 2022 by Letspaintcookies

[Marieke H 2,512]

If you would check USCIS processing times, you would see that 12 months is nothing out of the ordinary. These processes take time. It may take longer in your case because of background checks, but there is no way to tell yet.

 

It is not a "delay" as the title of this thread suggests. Just be patient and wait it out. Ombudsman, filing WoM, etc, will not help your case. It has only been 12 months. Relax.

[SteveInBostonI130 3,463]

13 hours ago, frankniehs said:

But the forum title says AOS from work, student, and tourist visas - I am family based AOS

How did you enter the US before you filed for AOS?