can we apply to FBI to do the name check for us individually ? is it our right to ask them to give us clearance to send it to USCIS is that possible or it is just a crazy idea? and if we can do it, does it take long time like it does when it is asked by USCIS?
I really need to know how to overcome what they say administrative processing which has no time frame.
it is frustrating, it takes from 16-18 weeks. this is very hard I am complaining about the timing they consumed whcih is 8 monthers how can I wait other 4 monthes at least, my visa is K3 and it consumed two years and nine monthes till now.
Well, if you do it right, is worth the waiting. Other thing is to contact your Congress man and explain the situation. So you already applied for you adjustment of status (green card)? when you applied? etc...
no i have not I applied for k3 visa and I am a spouse to an american citizen (my wife). she petitinoed my I 130 in 2004 the I 129f approved long time ago I waited 10 monthes might be 11 monthes for the two waivers I 212 and I 601 since I presneted my documents to the embassy in July 2006 they are still claiming that my case is pending administrative processing some friends said it is name check or background check. I already contacted the congressmen, but unfortunately two of them contacted the embassy ( has no jursdiction in my situation) that is all the case, and the time for K3 visa is consumed and now it is the time for I 130 to be adjugducated. i mean no any benifit of K3 visa as it took more than it suppose to. and no time frame, no care about the family unity. this is the case
i contacted the senators but they contacted the embassy while the embassy does not have any jursdiction on the case till it is cleared from there in washington dc i am really frustrated and close to have a heart attack i do not know what to do
My husband's company filed our application for green Card in EB1 category Oct 06. We got our finger printing done Dec 06. Today, we got a call from local INS office that my name has been cleared by FBI (I am dependant in the application); but my husband's has not been cleared. This person said he was just informing us, and did not know how long would it take now. Both of us have absolutely no criminal record, have great credit score, bought a house two years ago. Both of us did our grad studies in USA, and are working in senior managerial positions. Our visa status has also always been legal. WHAT should we do know, just wait. Or let our company lawyers submit some application. My husband's six years on H1B finish in Jan08. We are from India. Any help/suggestion would be highly appreciated.
This message has been edited. Last edited by: rausa,
think its great that they informed u. Your credit score has nothing to do with ur immigration application!
They will probably do more back ground checks - i wouldnt worry about it. Its called the waiting game. If u have not heard anything in a couple of months then get an info pass and go and talk to a real person.
yes you can but you have to make a request to FBI.. this will not solve any proceeding or anything because FBI report has to come to their system electronically. any thing you file it will be scanned to the system ad there are check marks.. if Criminal history check up required then there is another page open which initiate automatic request to criminal history. report time allowed to FBI to deliver is 30 days but report will be delivered within 24 hours, and valid for six months only.
I asked a known acquaintance of mine who knew more about how the name checks work as it is related to USCIS background checks. He told me that once a request is sent in, the FBI does the checks against all the systems in the US and local authorities on the applicant. After this is complete (or while this is processing), they send in a request to the US embassys of all the places listed on the form as you visited or lived in. The local embassy then requests the local authorities or the FBI equivalent of that country to respond to the query. Once they get all this then they make a decision. Some overseas agencies will respond as no information available or unable to request information. Based on the response, it is up to Feds to figure out what to do next and most times involves a manual review to see if it warrants a revisit. I believe this is where the backlog is. On results where they want a human body to overview before clearing.
I thought that the FBI name check, is for people who applied for adjust of states, so for K3 visa it is after the spouse enter the USA, not while the spouse is outside USA.
I am under the admin. procesing which I believe now is a name check, while I am outside USA. is that because I was in USA before? I just do not understand till when I will be waiting outside USA for the first step of the procedures which is the K3 visa. while when I come back I have to adjust status and apply for long procedures. If the K3 visa does not unite the family what is the purpose of it, can anyone explain to me the meaning of this long name check before I go there and then after I go there? it is like repeating themselves?
Dear Said, I am in the same boat with you. My husband is awaiting administrative processing outside the US as well. I just wanted to let you know that Administrative processing is the same as:
Finger Print Check Name Check Background Check
It is the term used to encompass all of these processes. I am so sorry for you. I know exactly how you feel.
One more point to make Said, the greencard processing is not necessary for you at this point. To proceed with that would put you in the same "administrative processing" pool because the same checks are needed. I was told by USCIS that I only needed to file the I130 to be able to pursue my husbands K3. When he arrives in the US we were told to file an adjustment of status.
Elisabeth, what I do not understand the long procedures of K3 visa, while the main purpose of K3 visa is the reunion of the family, till the I 130 is adjudcating. what I meant that K3 visa procedures should be shorter than the time needed for adjudcating the I 130 when I come back, but now the I 130 should be adjudcated also, its time frame is due since the beginning of March.
they never mentioned that long delay in this flow chart of visajourney. I am at step no. 15 since 8 monthes
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