Long wait times after AOS interview

[uchey78 2]

Hi Everyone. I had  my AOS family based interview in Feb 2022 at the Dallas office. My wife is a US citizen. The interview went very well and we were quite positive based on the outcome. The officer indicated that we would get a response within the the next 60days. However it's been over 7 months now and we have not gotten a feedback. No RFE received. Several calls have been made to USCIS and the feedback received has always been with content as "A check of our records establishes that your case is not ready for a decision as the investigation into your background still remains open" Just checking to know if anyone has had this experience of waiting this long for same reason. 

[SalishSea 17,829]

8 minutes ago, uchey78 said:

Hi Everyone. I had  my AOS family based interview in Feb 2022 at the Dallas office. My wife is a US citizen. The interview went very well and we were quite positive based on the outcome. The officer indicated that we would get a response within the the next 60days. However it's been over 7 months now and we have not gotten a feedback. No RFE received. Several calls have been made to USCIS and the feedback received has always been with content as "A check of our records establishes that your case is not ready for a decision as the investigation into your background still remains open" Just checking to know if anyone has had this experience of waiting this long for same reason. 

I’ve not seen anyone get that response before.

 

What possible issues in your background could they be concerned about?   Which visa are you adjusting from?

[Timona 4,207]

9 minutes ago, Jorgedig said:

What possible issues in your background could they be concerned about?   Which visa are you adjusting from?

 

And to piggy ride on this, are there any past marriages/ divorces/ family that were not disclosed? 

 

Which country are we talking about? 

[uchey78 2]

Adjusting from B1B2 visa

Everything was disclosed as required. Remarried after the loss of my 1st wife. All associated docs regarding past marriage was submitted

Country - Nigeria

[Family 3,988]

7 minutes ago, uchey78 said:

Adjusting from B1B2 visa

Everything was disclosed as required. Remarried after the loss of my 1st wife. All associated docs regarding past marriage was submitted

Country - Nigeria

While you are waiting, you can do a free / online DOS- FOIA , for a copy of your B1/B2 visa application 

https://foia.state.gov/request/foia.aspx

 

They are reviewing the DS-160 for any inconsistencies ( many say married when in fact they are single) to increase odds of tourist visa approval.

 

Was your previous marriage in the US or Nigeria? 

Did you or do you work in a sensitive field ? 

[uchey78 2]

Marriage was in Nigeria and I was not working in a sensitive field. Worked in an engineering firm.

[Family 3,988]

1 minute ago, uchey78 said:

Marriage was in Nigeria and I was not working in a sensitive field. Worked in an engineering firm.

Did you get visitor visa while married or as widower? Any possible  discrepancies on DS-160? 

If marriage is solid and you have no past political/ security/ criminal issues …it’s likely you will be stuck in the black hole for a bit….just because you are from Nigeria. 
Even if they decided to “ investigate “ your current marriage , you don’t always get warning or rough interview questions , often just smiles and All Is Well for now. 

[uchey78 2]

I have had about 4 renewals on my VISA with no issues. Visited the US for work and vacation.  I was still a widower when I had my last renewal and I updated my application as widower at that time of applying. I can't reallly point to anything that could be a flag. I have not received an RFE. So maybe like you said, the country of origin could be playing a part. I was of the opinion based on some resource I have come across that wait times is 120 days after interview but having gone 7 months now is kind of unusual, reason I was pushing it out to the group to know if this is normal trend these days

[Family 3,988]

40 minutes ago, uchey78 said:

have had about 4 renewals on my VISA with no issues. Visited the US for work and vacation.  I was still a widower when I had my last renewal and I updated my application as widower at that time of applying. I can't reallly point to anything that could be a flag. I have not received an RFE. So maybe like you said, the country of origin could be playing a part. I was of the opinion based on some resource I have come across that wait times is 120 days after interview but having gone 7 months now is kind of unusual, reason I was pushing it out to the group to know if this is normal trend these days

I hope you get many responses from others .

 

From me , given there is nothing in your background for a 7 month delay post interview,  “poking the bear” is warranted.  Which means, write to Field Office Director, try to get InfoPass if they reject / ignore your correspondence..and yes it’s outside normal processing times .

 

I would draft a pseudo “ Supplemental Filing to I-485 case xyz . Esteemed Director, On Xx I attended the interview with my spouse and provided extensive bonafide documentation of our marriage. I was notified through Congressional Liason on Xx that USCIS is still conducting background checks or perhaps flagged my case for investigation. 

Enclosed please find additional evidence of our married life ( add something/ anything) , a newly obtained criminal background check ( you can skip if you want..it’s just fluff) in the hope it will help expedite favorable adjudication. My wife and I stand ready to attend a second interview if needed…” 

I would even hint to delay being due to country of origin…

 

[AfroKing 48]

As much as i think the country of origin plays a part in situation like this, it seems they might also be checking for any instance of misrepresentation in your DS160.  Were you asked at any point during your B2 Visa interview if you had relatives in the U.S and what was your answer? If you met your spouse on one of your many visits (as said by you) and  got engaged in a State that recognised "common-law", that might change some certain question line. 

 

Cases are checked based on their unique circumstances and there are no one size fits all in these cases.

Filling your timeline will help you get more information from veterans here as that brings the whole picture to a better focus. 

 

 

 

[African Zealot 1,455]

There’s a lot of speculation going on in this thread. It could be one of a zillion things and speculating to me is just going to get us nowhere.
 

What concrete things can he do that could expedite the case?
 

OP, good luck!

[SteveInBostonI130 3,453]

I would assume a criminal/national security background check was done for the B1/B2 visa.  The only thing that could extend the background check at this point is US criminal records check and checking the previous DS-160s

 

FOIA might be the best place to start, to look at your previous applications.  Then perhaps a Writ of Mandamus, but that has a chance to backfire.  A congressman/senator inquiry may be better than WoM, with WoM as a last resort.