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rubeel

Immigration I-130 and I129F

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Filed: Country: United Kingdom
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I have applied for my wife, I-130 in Jul 07 and I129F (K3) in Aug 07. The case has been pending ever since. I have contacted my senator and Congressman and all i get is that the case is pending Security Check.

My questions is that what options do i have to pursue this is any further. I have two kids who are US Citizen and they are have been growing up without a father.

Is a lawsuit an avenue or what. I am just tired of waiting and it is affecting me, my wife and kids more than before.

thanx in advance for the advice.

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I have applied for my wife, I-130 in Jul 07 and I129F (K3) in Aug 07. The case has been pending ever since. I have contacted my senator and Congressman and all i get is that the case is pending Security Check.

My questions is that what options do i have to pursue this is any further. I have two kids who are US Citizen and they are have been growing up without a father.

Nothing really, since your wife is in AP (security check, if you will). Depending on a lot of factors, some checks can go on for years.

Is a lawsuit an avenue or what. I am just tired of waiting and it is affecting me, my wife and kids more than before.

No - there is no grounds for a lawsuit if your in AP (which is a "security check"), coming to the US is a privilege, not a right. All you can do is keep checking your status and wait.

thanx in advance for the advice.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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I don't see how that would apply to this case. I know of no statue that would remove the security check (or even speed it up)

Security checks is part of the system of granting visa's. If they were not doing the check, and merely sitting on it, then you might have a case, but they are doing them.

As your Congressman/Senator found out.

Perhaps not as fast as you would like, but they are working on it.

There is prior showing that some security checks have taken up to a year or more. So they can always use that as a basis to show they are within their time frame to complete the checks.

If you feel strongly about it, then you should consult with a Lawyer strong in immigration law, they can perhaps give you other avenues of relief?

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: IR-1/CR-1 Visa Country: France
Timeline

I am not understanding maybe what is security checks

FBI backlogs are supposed to be gone, aren't they?

see

http://www.visajourney.com/news/2009/03/10...check-backlogs/

why not contact the ombudsman?

Log

Wedding 01-2006

USCIS

I-130 NOA1 : 11-20-08 I-130 NOA2 : 05-14-2009

I-129F NOA1 : 12-04-08 I-129F NOA2 : 05-14-2009 Took no action since

NVC

Case number assigned at NVC : 05-18-2009

Case Completed at NVC : 08-03

Interview scheduled: 08-13

Embassy

medical : done 08-17 + pick up 09-08

Interview Date: 09-08-09

Visa received : 09-11-09 valid till 03-10-10

October 10th entered US with Visa Waiver Program for 2 weeks holidays (not usual with visa received!)

had to go through secondary inspections to explain

November 25th entered again US with WVP, officer did not notice my green card visa

left US on dec 28 to avoid meeting the substantial presence test for IRS

Jan 9 2010 entered and activated green card though PHL port of entry

waiting for SSN requested with DS230 and 10 years GC

01-30 received tracking number for GC Welcome issued on 01-27

but not yet SSN

SSN expected by Feb 20 else I might go and ask for one regardless of DS230

GC expected by March 27

Feb 3 2010 update card ordered says to allow for 30 days

Feb 8 2010 update saying approval notice sent

Feb 12 2010 received GC card Permanent resident valid till 2020

Feb 18 2010 went to file ss5 for ssn card as not yet received and center would not find me in ssn files

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Filed: Country: United Kingdom
Timeline

i was under the impression that fbi backlogs were done, just a side note, my background/security check for citizenship was never done until the court ordered them to do it, they were just sitting on it. i feel that it is not her background check but my background check as i applied for her

just as a side note also that i am a muslim of pakistani origin and i think that plays into it

Edited by rubeel
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Filed: IR-1/CR-1 Visa Country: India
Timeline
I have applied for my wife, I-130 in Jul 07 and I129F (K3) in Aug 07. The case has been pending ever since. I have contacted my senator and Congressman and all i get is that the case is pending Security Check.

My questions is that what options do i have to pursue this is any further. I have two kids who are US Citizen and they are have been growing up without a father.

Is a lawsuit an avenue or what. I am just tired of waiting and it is affecting me, my wife and kids more than before.

thanx in advance for the advice.

Someone posted this kind of interesting info on VJ and it need some updates but still helpful. Check it out:

http://www.visajourney.com/forums/index.php?showtopic=163681

*IR-1 Visa* VSC

I-130 (IR-1):

07/22/2008: NOA1

02/17/2009: I-130 NOA2: Approved in 210 days from NOA1 date

I-129F (K-3):

08/11/2008: NOA1

02/17/2009: I-129F NOA2: Approved in 190 days from NOA1 date

<not pursuing I-129F petition further but NVC forwarded case to Consulate on 02/24/2009>

NVC Journey:

02/19/2009: NVC Received/Case number assigned for I-130

02/20/2009: DS-3032 sent by e-mail and 03/04/2009: DS-3032 sent by regular mail

02/26/2009: NVC received DS-3032 Choice of Agent selection

02/26/2009: DS-3032 accepted and AOS Bill Generated but not IV Bill

02/28/2009: AOS Bill Package received in mail

02/28/2009: Paid AOS Bill and IV Bill (as it was available) online

03/03/2009: Both AOS and IV Bill Show as Paid and Coversheet Printed

03/04/2009: Mailed I-864 and IV (DS-230) Packages

03/06/2009: I-864 and IV Packages Received by NVC and Scanned on 03/10/2009

03/13/2009: Case completed at NVC (in 17 working days from date NVC Received)

03/25/2009: Interview date assigned by NVC

US Consulate @ Mumbai, India

04/02/2009: Medical Exam (based on NVC e-mail for interview)

04/13/2009: Interview Packet Received from US Consulate

04/16/2009: Documents submitted at VFS office

[Classified]: Date of Interview

USA Journey

02/21/2009: Permanent Resident # Received (Ref: NOA2 of USCIS)

05/2009: POE

##/##/2009: Permanent Resident Card

##/##/2009: SSN

Love must be sincere............Roman 12:9

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