Rete

> Jim -
>
> My wife and I are discussing a mandamus suit - no decision yet, but it
> is the logical next step - after nearly three years, what else is
> there? -
>
> Richard III

Curious about your timeline, Richard:

10/2/2002 Married, Denver, CO
10/3/2003 Intvw in Moscow
10/4/2003 Arrived in US
10/5/2004 Applied for AoS
10/6/2004 FBI Name Check requested by INS
10/7/2004 AoS Interview in Denver
FBI Name Check Pending since March 18, 2004!

What interview did you have in Moscow? Was it for an immediate relative
visa? Or If so, why did you have to apply for adjustment of status in
the US? Or was it for a K-3 visa?

If it were me? I would refile the entire AOS package once again. IMHO
your name check/security check is complete but your file has most
probably has been dumped back at the National Records Center and you are
considered inactive.

Jimothy

> Curious about your timeline, Richard:
>
> 10/2/2002 Married, Denver, CO
> 11/26/2003 Intvw in Moscow
> 12/26/2003 Arrived in US
> 1/15/2004 Applied for AoS
> 3/18/2004 FBI Name Check requested by INS
> 11/20/2004 AoS Interview in Denver
> FBI Name Check Pending since March 18, 2004!
>
> What interview did you have in Moscow? Was it for an immediate
> relative visa? Or If so, why did you have to apply for adjustment of
> status in the US? Or was it for a K-3 visa?
>
> If it were me? I would refile the entire AOS package once again.
> IMHO your name check/security check is complete but your file has most
> probably has been dumped back at the National Records Center and you
> are considered inactive.

Rete, are you suggesting filing the package again because it has been
nearly three years. If so I wouldn't necessarily assume that the
background check has been processed. I've just heard back through my
congresswoman that my background check and simultaneously heard the same
from the Houston District Office where my file has just been moved. I've
also spoken to attorneys at two of the bigger immigration firms in
Houston this week who say they have clients with significantly longer
wait times than three years.

It's just the way it is apparently

Rete

> Rete, are you suggesting filing the package again because it has been
> nearly three years. If so I wouldn't necessarily assume that the
> background check has been processed. I've just heard back through my
> congresswoman that my background check and simultaneously heard the
> same from the Houston District Office where my file has just been
> moved. I've also spoken to attorneys at two of the bigger immigration
> firms in Houston this week who say they have clients with
> significantly longer wait times than three years.
>
> It's just the way it is apparently

You heard back what? You don't say.

I wasn't responding to you but to Richard. Also note that I said "if it
were me". As for the security checks, they are completed, that I firmly
believe. Also if they weren't they are no longer valid as the
biometrics are only good for one year. So what happens then? You have
to resubmit and wait another three years?

What about all those people who filed after you in the last three years?
The majority of them have been processed and cleared and are on their
way to naturalizing if they are still married to USC. So waiting three
years is not the way it is apparently. Waiting three years is the
inefficiency of the agency who can't coordinate their left and right
hands. Any attorney who tells you this and has not intervened on behalf
of their client in this not doing their job IMO.

Jimothy

> You heard back what? You don't say.
>
> I wasn't responding to you but to Richard. Also note that I said "if
> it were me". As for the security checks, they are completed, that I
> firmly believe. Also if they weren't they are no longer valid as the
> biometrics are only good for one year. So what happens then? You
> have to resubmit and wait another three years?
>
> What about all those people who filed after you in the last three
> years? The majority of them have been processed and cleared and are
> on their way to naturalizing if they are still married to USC. So
> waiting three years is not the way it is apparently. Waiting three
> years is the inefficiency of the agency who can't coordinate their
> left and right hands. Any attorney who tells you this and has not
> intervened on behalf of their client in this not doing their job IMO.

Sorry, I realised you were responding to Richard. I was just being nosey
and poking my nose in.

I think you are absolutely right that some get stuck somewhere between
the two agencies. One attorney I spoke to had a client who's namecheck
file had a notation put on it by FBI that CIS didn't understand. So it
got put in a pile and forgotten.

I think other files really do get stuck at the FBI based on the
process they sue to examine the files. The early stages, which is
where most people pass, are computerised and so move fairly quickly. I
think that problems can arise when you get a paper file hit that has
to be dug out. I think then you get stuck in a very slow moving line.
I have heard anecdotal reports of tiny numbers of agents working on
mountains of files.

The attorneys I spoke to said they will obviously file on behalf of
clients if they are asked to but that it has be weighed against the cost
of filing and the fact that it is relatively untried (at least here in
Houston) for AoS cases. Also, I think some people are not as frustrated
at waiting as long as they have no problem getting new I765s and I131s.

Of course I could be spouting complete nonsense, most of the time I am
just trying to think positive and maintain some confidence in the
agencies involved. That may be my fatal flaw.

Richard III

> Curious about your timeline, Richard:
>
> 10/2/2002 Married, Denver, CO
> 11/26/2003 Intvw in Moscow
> 12/26/2003 Arrived in US
> 1/15/2004 Applied for AoS
> 3/18/2004 FBI Name Check requested by INS
> 11/20/2004 AoS Interview in Denver
> FBI Name Check Pending since March 18, 2004!
>
> What interview did you have in Moscow? Was it for an immediate
> relative visa? Or If so, why did you have to apply for adjustment of
> status in the US? Or was it for a K-3 visa?
>
> If it were me? I would refile the entire AOS package once again.
> IMHO your name check/security check is complete but your file has most
> probably has been dumped back at the National Records Center and you
> are considered inactive.

The interview in Moscow was for a K-3 visa, which was granted.