FBI name check

[gg282]

Hello All,  I need help.

In Sept of 2002 I married a girl from Mexico.  She is from the northern part of the country near Monterrey.  Our marriage is going really well and she knows how to take care of her man.  Perhaps in another post I will write about our relationship...but the reason for this post is because we need help.  The INS or whatever they are called these days is being a pain in my rear.  First let me give a quick overview.
My wife entered USA legally w/ tourist visa.  Overstayed her term, no big deal.  We met in Texas, I never been to her home in Mexico.
We were novios 5 months before marrying.
Married  Sep/2002
Filed all immigration paperwork I-130, ect, ect Feb/2003
Medical exam Mar/2003
1st interview/appointment in San antonio (INS) in April/2003.  Everything went great, received her work auth, and her Social Sec. card.

2nd interview with immigration officer, to review all paperwork and the case, asked questions, ect... No problems with interview because I was totally prepared.  We got Approved!  EXCEPT for one thing and that is the FBI name check.. (STILL Pending)  This 2nd interview was in June/2003.  

We are still waiting on the results of the FBI name check,,, I cant believe it is taking this long.  I drove to the immigration office last week to inquire and they said it's still pending.  Its been almost 5 months already, does it always take this long??

What can I do to speed this up? My wife has not seen her family in 2 years, and we want to go visit them.  Calling INS everyday is not working, they just say "you need to wait this takes a long time"
My wife has no criminal history, she's clean and would'nt even hurt a fly.  She's a very good person, I have spoken with her family, and her friends have driven here to visit her and they are good people.

If anyone knows how I can get faster rewsults on the fbi name check issue, please help.

[Georgina]

... in response to FBI name check, posted by gg282 on Nov 16, 2003

Well, the two times something like this happened to me, I just did what you did, I showed up at my local INS Office in Seattle and it worked out fine for me.

The first time was because they were taking very long to issue a new Work Authorization card  and my Advance Parole letter. I called the National Service and nothing happened. I decided to go to the local office and oh, surprise it has been approved a month ago, but they hadn't mailed to me. There it was in a box with other hundreds of approved ones.

Second time, I applied for the removal of the conditional status on my green card. I was told to apply 3 months before my conditional card expired. Which I did it. I was then sent a Notice of Action telling that my application for removal has been received and that they were extending my conditional residence card for one year. The process to issue my permanent residence card would take 6 months and etc, etc, etc.

I waited for six months and called them, nothing. I checked my status in the Internet by entering my alien number, nothing. The result said they didn't have record of my application. I then called them to the 1-800 number and the lady told me that the process would take 1 year. I made an inquire and nothing happened. I waited for a year and by then my green card extension expired. So, I decided to go to the local office in Seattle and waited on lane. While I was waiting on lane, one immigration staff told us that they were not going to accept walk-ins any more and that know they have a number that we can call and set up an appointment. While I was waiting on lane I called this service which was relatively new, so I was able to talk to somebody in Spanish and got an appointment for Monday next week very early.

I showed up for my appointment and was called within less than 10 minutes. The guy was very nice and helpful and I noticed the rest of the staff was nice too. He, however, said that the process was going to take at least another 3 months and that he was going to extend my conditional residence for another 3 months. I was kind of disappointed. Then he said, wait a second and when inside an office to talk to somebody. He came back and said, congratulations your permanent residence has been approved. He didn't ask any questions about my husband (who wasn’t there) or if we were still married (we are). I got my picture taken right there, my passport was stamped and 1 month after this, I got my permanent residence card, which is good for 10 years.

[cancunhound]

... in response to My case, posted by Georgina on Nov 18, 2003

and the process continues all over again!  I suggest to anyone involved with the temporary-permanent-citizen track to study the procedures initially that cover the entire process. It's a relief to get that permanent status - but the process keeps going and should not be slighted.  I've seen some pissed off latinas whose husbands dropped the ball on the timing and paperwork after the 1st hurdles.  I've recommended to my friends to establish a PO Box for all correspondence from day one - a simple change in address can really muck up the process timing down the road (and over a span of several years odds are pretty good of a move, at the worst possible time).  Start now by logging your exact dates in and out of the US since 1st arrival and brief notes about the details of the trips - I recall that being the most tedious part of the application for we had travelled a lot - and that's an easy cross-check they can make since that info's all recorded in the immigration database.  Note that extended stays outside of the US can cause a problem.  Also remember that the application can be filed 3 months in advance of the time requirement (3 years for spouse's).  The English and US history exam for citizenship was a joke - the questions are posted all over the internet, and only a random few were asked.

[denvermike]

... in response to FBI name check, posted by gg282 on Nov 16, 2003

I suspect you are suffering in the wake of the 9/11 fallout like lots of others.  You guys bent the rules a little bit since when she entered on a tourist visa she made the statement she was going to return to Mexico.  In the past this was not a problem, but after 9/11, the rules are being enfored to the max.  Tourists visas have been abused for years but that has come to an end.  I have a lot of contact with embassy folks down here in Chile at parties and such, and basically things are very tough and going to get tougher. Since she is already there and the marriage appears legit to the immigration folks it will probably be OK, but expect a long wait maybe years.  Be very certain if she leaves the USA that she can get back, you don´t want to get caught in limbo, that would be worse than your present situation.

Another example of the tightening laws, it used to be very easy for a Chilean citizen to get a tourist visa, but not anymore.  Unless you have a bullet proof record of income for at least two to three years and/or you have your employer apply for a visa for you, you can forget it.  I know of at least two guys in my office who would like to take their novias back to the States to meet the folks for the holidays, and there is just no way, even if she has had a visa before.

Good luck,
mike

[Gary Bala]

... in response to Re: FBI name check, posted by denvermike on Nov 17, 2003

The media has widely reported on the recent tightening of visas
issued by the worldwide US Consulates under new post-09/11 rules.

For example,
http://www.washingtonpost.com/wp-dyn/articles/A24116-2003Nov10.html

In that same vein, security clearance procedures and background name
checks with the FBI, NCIC and other law enforcement databases have
greatly intensified. Keep in mind that these checks are run on
US citizen petitioners as well as the visa beneficiaries. In some cases,
where a petitioner or beneficiary has an arrest or fingerprint record
or a past immigration history, these checks can add 6 to 12 months
of time to case processing.

Regards,
GB

[Keith Smith]

... in response to Re: Re: FBI name check, posted by Gary Bala on Nov 17, 2003

Hi. I'm just curious: Will my run-ins with U.S. Customs (between Dec. 2000 and Dec. 2001) complicate matters for me when it's time for me to get a spousal visa?

[Kit]

... in response to Re: Re: FBI name check, posted by Gary Bala on Nov 17, 2003

I find those checks quite ironic as thousands of who knows who traspass US-Mex border daily on a free for all basis. Those few caught in action are being indiscriminatively sent back to Mex...just to try the next day.

[Jeff S]

... in response to FBI name check, posted by gg282 on Nov 16, 2003

Not Senator, but your rep from the US House of Representatives. Others have gotten some action this way. Sometimes an inquiry to the FBI from a member of congress will get something pulled out of the bottom of a pile and moved to the top. Couldn't hurt, anyway.

- Jeff

[Texman]

... in response to FBI name check, posted by gg282 on Nov 16, 2003

Yes,  once you start the immigration process, and the status is pending, you cannot leave the country or it is considered "abandonment" of application.  However, as with most bureaucratic processes, there is a work around.  Go to the website "www.uscis.gov/graphics/formsfee/forms/index.htm" and download form I-131 (I believe, call them to verify).  Filing this form (along with $110) bucks allows your spouse to leave the country and return without consequences.  It takes about 3 months to process.  You want to get an idea of how much longer it might take to get her final approval verse how much she misses her family - and decide if the cost is acceptable.  May be worth a look.

Good luck!

[DavidMN]

... in response to FBI name check, posted by gg282 on Nov 16, 2003

I cannot provide info on the name check but am curious about something. It sounds like except for the bureaucratic delay, everything is fine with Uncle Sam?

On another message board there are a couple of instances of people getting married on a tourist visa (and they didn't overstay) and now have big troubles with the govt. The marriage is legal but apparently the govt can say "no return travel to the U.S. for up to ten years." In other words, the alien (now spouse) can leave, but he/she cannot get back in without some kind of waiver or appeal.

Perhaps your case is different or perhaps the law is enforced arbitrarily and you got lucky?

David

[gg282]

... in response to Re: FBI name check, posted by DavidMN on Nov 16, 2003

It was explained to that as long as she entered the US legally, she will get her visa.  Had she entered illegally, she would not have a chance.  This was told to me by the INS officer who interviewed us in San Antonio.

Once her name clears the FBI, she will get her visa, but why is it taking so long and what can I do?

[Red Clay]

... in response to Re: FBI name check, posted by DavidMN on Nov 16, 2003

Not sure why some are having problems with travel authorization, my wife entered on a tourist visa and then married me, her adjustment of status has all been approved without a hitch all along.

[Freddie]

... in response to Re: Re: FBI name check, posted by Red Clay on Nov 16, 2003

[This message has been edited by Freddie]

Advance Parole
Date:   12/19/1999 9:55:49 AM Eastern Standard Time

Here's the info on the Advance Parole
Q...Can my spouse leave the United States, and then re-enter, before receiving the Green Card (conditional permanent residency)?  

A...The spouse cannot re-enter the US unless they have "Advance Parole" authorization (application form I-131). Advance Parole allows them to re-enter the US before approval of Adjustment of Status. Without Advance Parole approval, leaving the United States is considered an abandonment of your application for Adjustment of Status. The INS will consider them an intending immigrant without a valid visa, and they will be denied entry. If they do not apply for Advance Parole when they file for Adjustment of Status, contact your local INS office to find out how long it takes them to issue Advance Parole.  

Although advance parole is supposed to be issued to anyone who wants it for any reason at all, some local INS offices may take weeks or months, and may require proof of a serious emergency.
If they have left the US without Advance Parole approval, you will most likely have to apply for a "spousal visa" (I-130 Petition for Alien Relative) for them to re-enter the US. This can take months. Any other legal remedies thru US Consulates will be time-consuming as well.

Not all local INS offices will accept the I-131 advance parole application with an Adjustment of Status package, as some will require that you have proof of filing the I-485 when you send in the I-131. Also, a local INS office may require that you apply for Advance Parole "in person" (Chicago, for example).

Ask your local INS or the newsgroup regarding specific advance parole filing requirements and supporting documents.  

(My notes:)
We submitted the paperwork for my wife's permanent residency in November 2002. We have a document from the INS (now BCIS) that says her green card has been extended 1 year and if we haven't heard anything within 120 days call the number at the bottom of the form.

I called the number on September 24th (I gave them 10 months). The lady gave me an 800 number and told me to call back in 30 days. I called back 6 weeks later and spoke to 3 different people.

One said they were running behind. The current time for permanent residency was 10 months (it had been 11). The 2nd person, with a heavy Spanish accent, told me "You have to go to your local immigration office and have a new stamp added to her passport. You can also file the paperwork requesting an inquiry." She said both of these statements with an attitude of "why are you bothering me with this trivial problem?"

When I explained I had done as requested and called back AS DIRECTED to find out what the problem was and she said, "I don't have any idea. I don't have her folder or that information here." I then said, "OK, send me the form." She then hung up without any response. I have yet to receive the form (it's been 3 weeks).

I called back the next day and spoke to another lady who was much more helpful. Of course she also said it was taking 10 months (that was after I told her it had already been almost 12 months). She said she would open an inquiry and we should hear something in a week or so. We have yet to hear anything. If we don't get her permanent residency taken care of by January 9th, 2004 we'll have to waste another day at our local immigration office just to get her expired card extented AGAIN!

So all you can do is wait. Of course it's too late for you but for anyone else getting married to a foreign woman, file your I-131(Advance Parole) WITH the Adjustment of Status and EOD.

[gg282]

... in response to It's not an AOS, it's an Advance Parole ..., posted by Freddie on Nov 16, 2003

As for the advanced parole, the immigration officer told us at the interview it would be a good idea if we applied for advance parole and he gave me an application I could fill out and mail in w/ $110.  (this was back in June), but I was thinking this process shouldnt take to long, but it is and we may apply for it now.  The idea about contacting our congressman is a good idea too and I will definately be calling them this week.  You never know it might put life back in our file.

Had my wifes FBI name check cleared by the time of her interview it would of only been a 4 month process doing this states-side while your foreign wife is in this country.