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Name Check for KI Fiance Visa

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  • #16
    Mo -

    So you are currently in London right now. Right? And your family has sponsor you? To my understanding, if you are in London then you do not need a visa to come to the states and visa versa. I went to Amsterdam and I did not need to get a visa.

    When was your interview?

    Comment


    • #17
      Mira

      Yes, I am in London. Yes, my family sponsored me under F1 (familybased category) visa - so I can live in the states as a permanent resident.

      I had my interview last Monday (September 19th) at the US embassy in London. Everything went fine, I was told a visa won't be issued because (apparently) I have a common name, and CLASS (security database) showed many "hits", meaning there are a lot of people with similar name.

      Why do you think I should go to Amsterdam?

      Thanks

      Comment


      • #18
        Mo -

        My fiance and I have been waiting for his name check since August 18, 2005. We are going into 5 weeks.

        I just wanted to mentally prepare you becuase it is going to take at least 30 days and in your case and my fiance's case it will be longer.

        I went to Amsterdam, I don't think you should go to Amsterdam .

        My point is that to my understanding US and and Europe has a treaty to allow people to travel withot a visa.

        I guess your situation is different cause you are getting a green card.

        Comment


        • #19
          Getting a common name with 'hits' doesn't mean someone is a potential security threat.
          A name is not the only field for matching,there are several others like birthdate and father's and mother's name etc etc.If a name is common,the system automatically checks the second category,then third and so forth.
          Last week,Senator Robert Kennedy was denied a boarding pass at one of US airports since his name got a 'hit' in the check-in computer system.The flight got delayed until the matter was cleared.
          I think by taking so long for the name check they are allowing the backlog to pile up and greater the backlog the more the chances of errors.
          Congressmen are proving to be duds when it comes to assisting in the speedier name check process.Often they make a half-hearted effort to approach the FBI and other agencies and the best response they can give is that the clearance is expected in the next few weeks.After that there is silence.As I said,immigration is in the least of these people's interests.

          Comment


          • #20
            Ok, I think this concerns me and Mira, and others in similar situation:

            Apparently consular posts use appropriate software systems for generating required clearances to the Department, that is THE state department. Electronic messages are generated through NIV, IV and INK software. So it's definetly a matter of different timelines waiting for the name-checks to be cleared.

            Since, there are different types of SAO (Security Advisory Opinions), I will just mention the name-check (HAWK) procedural notes posts use to request it from the State Department.

            * HAWK - This is a request for an NCIC-III name check on the following beneficiary(ies) of petition(s) filed and approved at post. Posts should use the appropriate system SAO software. Message may include more than one case. The caption line and paragraph one should both read VISAS HAWK. Each applicant should be identified by at least a two-line entry, with the name (last, first, middle) followed by AKA (alias(es) If any, (also in the last, first, middle sequence) on the first line (if possible), and the DPHS and s.e.x. on the second (or at least the next separate) line. The cable should be sent directly to NVC Portsmouth. It is not necessary to include the Department as either an information or action addressee.

            Comment


            • #21
              Mo,
              F-1 is a student visa which has nothing to do with a green card.

              Comment


              • #22
                John

                F1 is also a class of familybased visa, often confused with the famous F1, foreign student visa.

                Comment


                • #23
                  Yes F1 is also the family based category(unmarried son or daughter of USC).Often it is confused for a student visa.

                  Comment


                  • #24
                    I found an interesting article on Murthy.com, posted June 18th, 2004. I am assuming not much has changed about the issues discussed in this article since then.

                    Security Advisory Opinions

                    Mr. Stephen K. Fischel, Director of Legislation (DOS Visa Office) indicated that, while Visa Mantis checks (security advisory opinions or SAOs) are requested by the DOS, the data comes entirely from other government agencies. At present, the DOS continues to make these requests via cables to the other agencies. In an attempt to improve processing times, there is a Security Advisory Opinion Improvement Project in place to take steps towards changing the process so that it is entirely electronic. By moving to an electronic system, the DOS would be able to track all cases.

                    According to Mr. Fischel, many people contact the FBI and ask whether a name check is complete. The FBI will often respond that the information has been sent to the DOS. The FBI does not share, however, whether it was a clearance or a hit that was sent. Hits require further processing. Mr. Fischel suggested that those who contact the FBI regarding name checks specifically ask whether they sent a clearance or a hit to the DOS to obtain a better time estimate for a Visa Mantis or CONDOR clearance.

                    Currently, the Department of Homeland Security (DHS) does not conduct Visa Mantis clearances when a person files for a change of status in the U.S. However, the DOS and DHS are in dialogue over this matter. CONDOR checks are primarily conducted based on certain information on the DS-157. Mr. Fischel stated that a person's place of birth may no longer trigger a CONDOR check if it is clear that the person has not spent a significant amount of time in his/her place of birth. If a case is cleared by the interested government agencies, a CONDOR check typically takes 10 to 20 days. A Visa Mantis check, which is cleared with no problems, usually takes up to 20 days.

                    The Non-Proliferation Bureau of the DOS and the Central Intelligence Agency control the lists that determine whether a Visa Mantis check is necessary. Chinese, Israeli, and Russian nationals receive particular attention at this time. Visa Mantis checks are generally valid for one year, as long as the person is returning to the original employer to perform essentially the same duties as before.

                    Comment


                    • #25
                      Mo -

                      Interesting article! However, it is still unfortunate that we can't call the FBI for a status becuase they are working on "special projects".

                      Did the US Embassy provide you with a time frame as to when your name will be cleared?

                      Comment


                      • #26
                        Mira

                        The US Embassy didn't provide me with a timeline for the security clearance. However, the DOS visa specialist I spoke to earlier today told me that it could take 2-6 weeks for a successful clearance - and added everybody goes through this.

                        If the 6th week mark has passed, and still no results of the name-check, it could take upto 6 months for security clearance. This is usually due to a "Hit" being found on the FBI's NCIC database, which leads to further investigations being made between other government agencies (DHS, CIA, DEA etc).

                        If there is no "Hit", then the results of the name-check should come back to the embassy pretty fast (within the 2-6 weeks time-frame). Unfortunately, there might be other checks that remain classified from the embassies, let alone the visa applicants which could delay the process all together.

                        So, I have being waiting for a week so far, which means 5 to go if I am cleared in all databases.

                        Comment


                        • #27
                          Just want to add, two other people I know from another immigration forum got their names cleared this week.

                          - One was KUWAIT national, going through KUWAIT embassy. He waited little over 6 weeks.

                          - The other was IRAQI national, going through AMMAN embassy (Jordan). He waited 5.5 months.

                          As you can see, the first person's profile is not under State Sponsored or Terrorist country (as defined by the State Departemtnt), hence quicker response. While the second person is, therefore longer wait for the name-check. Again, this is just my opinion.

                          Comment


                          • #28
                            Mo -

                            Thanks for the information. Do you know if India is known as state sponsored and terrorist country? The 5th week for me and my fiance will end tomorrow.

                            Maybe we will hear something next week or the following week.

                            ALL the DOS visa specialist that I have spoken with will not tell me any information. All they say is that it can take weeks to months. I feel like cursing them out at the point becuase they are so rude.

                            Can you give me the website or link for the other two people that you found that went through this process?

                            Thanks and I will keep you in my prayers and hope everything clears up for you fast.

                            Comment


                            • #29
                              Mira

                              First of all, the people I mentioned above, the KUWAIT national, it was a false alarm. Apparently, when his wife spoke to the DOS, the agent she got through to was new to the job, and therefore gave her a false information.

                              Now, about India being on the terrorist list... the answer is "No". Consular offices will be cautious with applicants from countries in 2 major categories; the "List of 26" and "Terrible 7" countries. Actually the "Terrible 7" countries are part of the "List of 26" countries.

                              List of 26 includes; Iran, Iraq, Libya, Syria, Sudan, Bangladesh, Egypt, Indonesia, Jordan, Kuwait, Pakistan, Saudi Arabia, Afghanistan, Algeria, Bahrain, Eritrea, Lebanon , Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates, and Yemen. Hence, Somalia is in there, so I get profiled as an applicant from one of these countries.

                              List of Terrible 7 (which stems out of the "List of 26") includes; Cuba, Libya, Iran, Iraq, North Korea, Sudan and Syria. As you can see, these countries are designated as the state sposors or terrorism by the DOS. Applicants from these countries probably suffer the worst delays in the "Administrative Reviews".

                              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.

                              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.

                              P.S. And by the way, the site I met those people in similar situation is www.VisaJourney.com - To find the topic, go to "Regional Discussions", and then "Middle East and North Africa" - The topic you need is "what exactly is "security clearance"?. You will also find similar topics all over the VJ forums.

                              Good Luck.

                              Comment


                              • #30
                                Mira

                                When your fiance's fingerprints were taken, was there a fee applied? did they charge him for the fingerprints? and were the prints taken electronically, or by ink?

                                Just curious.

                                Thanks

                                Comment

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