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Thread: Name Check for KI Fiance Visa

  1. #1
    Hi -

    My fiance had his interview on August 18, 2005 at the US consulate in Mumbai, India. They told him that his case has been put to pending because they need to get name check clearance done for him by the Department of State.

    It has been 1 month and the case is still pending. I have contacted my congressman for help. Everytime I call the Department of State they tell me that this case can take 18 MONTHS!! This is nuts. Is this normal for an immigration visa as oppose to a non-immigration visa. I don't know what more to do. I don't want to to take 120 days! My fiance has a typical muslim name. However, this should not be an excuse to keep us apart.

    Any advice? Comments?

  2. #2
    Member
    Join Date
    Oct 2003
    Location
    East Hampton [Long Island], New York [USA]
    Posts
    812
    Mira:

    First of all, Name Check is done by FBI and not by State Department. State Department actually sends the request for Name Check on the applicant to FBI like USCIS does.

    Secondly, clearance on Name Check doesn't take upto 18 months as you were told, actually it could take upto 36 months. Just for your information, there are many applicants who have been waiting more than 36 months to get clearance on their name checks.

    Thirdly, though K-1 visa (fiancƩ visa) is technically a Nonimmigrant visa, yet still its main purpose is solely for immigrant intent. So, you cannot say that it is just a nonimmigrant visa.

    Fourth, after the incident of 9/11/01, each applicant MUST need to go thru Name Check Clearance with FBI which is aside from criminal background check with FBI, whether they file for nonimmigrant visa, immigrant visa (green card) or citizenship.

    Fifth, you will be spending your time/money/effort for nothing if you would try to sue State Department (US Embassy) or USCIS under 120 days rule. Because, federal court will throw away your case (dismissed), especially when they are throwing this kind of lawsuits these days by saying that govt. needs to complete all the processing before they would be able to make a decision on a case. You can check thousands of latest cases on this. So, suing the govt. under 120 days rule would be a stupid idea as these agencies might then retract negatively against your husband's application by finding even a little ground to deny him. It happened to many people.

    Sixth, since your fiancĆ© has a Muslim name, then it is possible that FBI system has hitched his name with someone else on their list of "person of interest"¯; otherwise 85% name check requests clear within 72 hours. Now, FBI needs to physically check his name with their manual record to rule him out from their suspicion/hitch up. And this may take a long time; particularly when they have only few officers to do so for EVERYONE (out or inside the USA).

    Seventh, no congressperson can EVER help you when it comes to FBI. They might promise you to do this and that, but the result would be the same in the end-Dead zone with FBI on their requests. You can try, but I can bet you on this. If you email to FBI, then they will respond to you after 6 months later. But if you write to them thru certified mail, then they will answer to you within 4 weeks. But in either case, they would say only one thing that the Name Check is pending. That is. I can give you the name/address/email address/telephone number/home address of FBI officer, who is in-charge of this Name Check Clearance, but what is the use when you won't hear any positive reply anyway.

    Just keep patience and keep praying. That's all you can do anyway.

    "If we could all hear one another's prayers, God might be relieved of some of his burden."¯

  3. #3
    Ok, points one through four, but where did Mira say she was going to sue?

  4. #4
    Member
    Join Date
    Oct 2003
    Location
    East Hampton [Long Island], New York [USA]
    Posts
    812
    Though I don't entertain anyone's request, but I think you should take a look at her statement wherein she says: "I don't want to to take 120 days".

    120 days rule is something in a law to sue govt. for not making a decision on a application within 120 days of taking interview. Many people are suing USCIS and State Dept. these days under this law if they don't receive a final decision on their application after being interviewed more than 120 days.

  5. #5
    Please go to the main thread of FBI Name Check which is seeing an increase of postings everyday.More and more concerned people are writing to express their frustrations on this but unfortunately neither you nor I nor anyone can do anything to ease it.
    They take their time and yes not even a Congressman can help with it.
    I have heard about someone whose clearance is pending for 4 years and the average time FBI replies to your email is 6 months and to add salt to the wound,the reply is auto-genarted which says:Clearance pending.
    Someone here posted that he/she actually talked to an FBI agent who replied that they were working on a special project and that they shouldn't be disturbed for atleast 3/4 months.
    Patience is the key but even patience has a limit.You can't wait forever.

  6. #6
    SAMMY made very strong points, and I concur with each one of them. I am in the same position, and all Mira and I can do is just understand and accept the hard facts.

    Here is more information about how this works:

    "These additional measures that some individuals are subjected to and that are leading to unexpected delays involve three kinds of security checks affecting both nonimmigrant and immigrant visa processing. If the application is flagged as a possible security concern when a consulate receives a visa application, a request is sent to the Department of State (DOS) for security clearances.

    The first possible check is the CONDOR clearance. It is difficult to anticipate whether or not an individual will be subject to this security clearance since the criteria is classified. However, some of the factors that may result in a name being cross referenced through CONDOR include:

    - Information disclosed on the visa application Form DS-157. Responses to questions regarding travel to predominantly Muslim countries in the last 10 years, prior employment, military service for certain nationals, and specialized skills or training.

    - Country of Birth, Citizenship, or Residence.
    Individuals born in one of the seven countries currently designated as state sponsors of terrorism, Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria.

    - Individuals born in one of the "List of 26"¯ countries which the USCIS has not publicized but includes Arab and Muslim countries including: Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, the United Arab Emirates, Yemen Pakistan, Saudi Arabia, Bangladesh, Egypt, Indonesia, Jordan, and Kuwait among others.

    DOS reports indicate that approximately 80% of CONDOR clearances are completed within 30 days. If a CONDOR check has been pending for over 90 days, inquiries to the DOS are recommended.

    The second possible check is the MANTIS clearance. This is a "sensitive technology"¯ alert based on whether an applicant is involved in any of the 15 categories found on the Critical Fields List (CFL) of DOS' Technology Alert List (TAL). The TAL includes an expanded list of technologies with potential "dual-use"¯ applications. Some of these technologies appear benign but are deemed to have potential military applications.

    The list is very comprehensive and includes almost every possible associated technology or skill involving chemistry, biochemistry, immunology, chemical engineering, civil engineering and pharmacology to name a few. Having such a broad all-inclusive list means that most research scientists, physicians, academics and engineers involved in any of these fields could be subject to the MANTIS clearance. So it is very possible to run across a consular officer who will decide to err on the side of caution and obtain a MANTIS clearance prior to issuing a visa. Based on current DOS guidelines, generally, a MANTIS clearance is not warranted if the technology falls within the public domain where it is widely available to the public, or if it involves information that would generally be taught in an academic course. In addition, recently there have been reports of a substantial increase in the number of MANTIS "hits,"¯ particularly for nationals from Russia, China and Hong Kong.

    DOS reports indicate that approximately 80% of MANTIS clearances are completed within 30 days. If a MANTIS clearance has been pending for over 90 days, inquiries to the DOS are recommended.

    The third possible check involves then NCIC Criminal clearance. Unfortunately, for those with common names (Gonza***, Mohammad, Smith, etc.) false hits are occurring with increased regularity. An NCIC clearance can take four to six weeks to process. Approximately seven million names have been dumped into the system, and about half of them are Latino, resulting in a large number of false hits and delays for persons with common Latino names. If you have a common name, Third Country National processing in Mexico may be advisable at posts that have implemented a pilot fingerprint program. This pilot program allows posts to process clearances on "false"¯ hits the same day, and clearances for positive hits in as little as two days.

    Even if you have maintained a spotless immigration record and have never had more than a traffic violation, false hits are the biggest headache for unsuspecting visa applicants. Individuals with common Muslim or Latino names are almost guaranteed hits in CONDOR or NCIC."

  7. #7
    You are right my name check been pending for 2 years and 7 months now i called the fbi they said the same think about the special project .neither the congress men nor the senator was able to help me i dont now what to do I have nt seen my family for 5 years and i still waiting this is F****UP !

  8. #8
    tony897

    If you don't mind me asking, which consular office is your case being processed?

    I am going through London.

    Thanks

  9. #9
    I am here in the us my application is in tampa office (florida ) waiting for the name check to clear !

  10. #10
    tony897

    I am not sure the difference in security clearance between Adjustment of Status and Consular Process very well. I assume, AOS applicants will first need to get the figer-prints done before their interview. That's not the case for consular process applicants. I already had my interview, and everything was succesful, except this consular officer told me that she couldn't issue me a visa until NCIC(FBI) clearance has been made.

    So, my guess would be, generally AOS timeline are longer than consular process timelines anyways, so that may have something to with the rate of the clearance being made - or possibly priority could be given to consular applicants - I am not sure. The average security clearance for someone going through foreign embassy would be 4 weeks, 45 days is generally the max. There are cases where it took forever, but then again I am just basing this on what I read on other immigration forums.

    Thanks

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