adjudicator89

Actually, I meant not to really say I was divorcing. at the time that's when we were start having problems and I probably thought it will more likely end up in divorce. The real deal happened in Jan 2007 and we filed for divorce in April 2007. But let's not talk about me on here this thread belongs to the origional OP so let's focus on his questions. Thank you Milan

sunny21

Today I briefly talked to my lawyer and asked him what he thinks of my case. He said as following

1) The most important thing is that the Judge in Family court already have found that I did not enter in this marriage fraudulently to seek immigration benefits. On his response I asked him that but that was a Family court judge and not USCIS. On my question he told me that "USCIS is not beyond any Judge".

2) He also said that the pregnancy thing will help me to show that there was a meaningful relationship between Ex and I from the inception of our relationship.

3) He also mentioned that it not the length of marriage but only "good-faith" intention matters.

4) Lastly he told me to take a glass of Whisky and have a good night sleep .

Before retaining this lawyer I consulted about 10 lawyers including an retired immigration Judge (he was expensive--asked $ 4000 for doing I751) and everyone told me that the length of a marriage does not matter. Several lawyers told me that people who commit marriage fraud usually does not suffer depression due to loss of relationship with their spouse and loss of biological children (in my case it was an unborn child).

sunny21

Hi Folks: Can you please guide me on the timeline of I-751? Events are happened in following order

January 7, 2010-- I 751 sent to Vermont office
January 13, 2010-- They received it
February 9, 2010-- I had biometric appointment done

Since then I have not yet heard anything from USCIS. My GC has been extended for a period of 1 year. On USCIS website they say the processing time is about 6 months. That means I should hear some kind decision on my application by July 13, 2010. Is that right? Do you know anyone who has applied for I-751 in January, 2010?

Thank you much.

Noorah101

The posted processing time refers to a jointly filed I-751, not one filed with a waiver. The posted processing times are also just a vague indication of the real world, and are highly unreliable.

I-751's are the lowest priority on USCIS list of things to do anyway, and the ones with waivers process even more slowly, because they have to be reviewed with more scrutiny than a jointly filed one.

Rene

lostlove

sunny:

In addition to the above, if your waiver is pulled to the local office for an interview add a few extra months.

sunny21

Thanks! This is helpful.

sunny21

Hi All:

Hope you are doing well and are in great spirits. It is more than six months since I had filed I-751 (good faith waiver) on January 7, 2010. Following are some key dates.

Sent application to USCIS VSC: 01/07/2010
NOA: 01/13/2010 (1 year extension received)
Biometrics taken: 02/09/2010
Touch: 02/11/2010
Touch: 06/26/2010

However, my case is still in “Initial Review” and I have not heard anything yet from USCIS. I have not received any RFE, as my case is very well documented. Last week on 07/15/2010, I have opened a service request and also wrote local Senator to enquire on my behalf about the status of application. The most important concern to me is that I have been following similar cases on other threads, and there are already approved cases which were filed in February, March and April of 2010. Obviously the extended delay and “initial review” time is raising my anxiety level. I have a few following questions, and wondering if you can help me out to figure out my concerns.

1) What does this extended delay mean? Especially, when the cases filed after mine are already approved. (Please note that my marriage to USC was short lived, very conflicting divorce, and vindictive Ex-spouse, who already had accused me of committing an immigration fraud in the probate court. I have won the annulment case). But I am sure that she has informed USCIS against me.
2) So does that mean that they are extra scrutinizing my case based on my Ex’s compliant? My guess is that they must have referred my case to their Fraud Detection and National Security (FDNS) department.
3) In case, my case is denied are the following avenues that I can explore?
a) Immigration Judge
b) Board of appeals
c) Judicial review of BOA judgment
4) The point is that I have been accepted to a good MBA program, which I will start from this Fall, and will finish it in next 2 years. So in the worst case, will I be able to extend my stay in the US for next 2-3 years?


Your response, guidance, and wise advice will be highly appreciated.
Thank you much.

ian-mstm

It means nothing. "Similar" does not equal "same"... and you have no way of knowing what those cases consist of.


There's no way to know.


Yes.


With appeals and such, you can probably drag this out for 2 or 3 years.

Ian

sunny21

Hi All:

I received following response to my service request

“The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open.

Until the background investigation is complete, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefits you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete. If you do not receive a decision or other notice of action from us within 6 months of this letter, please contact customer service at the number provided below.”

I have following questions, if you have some more info about these


1) Does that mean that USCIS has not examined the facts of my case?
2) Is this purely a criminal background check like—finger print, name check, Interagency Border Inspection Services (IBIS) check?


Also wondering if someone has received a similar kind of response to their service request? My understanding is that USCIS sent all these responses based on typical templates, but not based on individual case.

ian-mstm

No, it doesn't mean that.


It is a background check... but not necessarily a criminal background check.

Ian

sunny21

What constitute in a background check?? Does that mean they are evaluating the facts of my case against any fraud indicators?

jeffreyhy

There are all sorts of checks made under the general term 'background check'. You are not likely to ever find out specifically what is being referred to when the term is used.

Regards, JEff

sunny21

Attached is a fact sheet regarding "USCIS Background" checks. Interesting information.

meauxna

Yes.

"Resolving pending cases is time-consuming and labor-intensive; some cases legitimately take months or even several years to resolve."

iamwhatiam80

sunny21,

I also have a I-751 based on good faith waiver. I will be opening a service request after sep 10 if i dont get any news from USCIS by then.

If its background check thats holding your case, you cannot do anything about it. Each case is different and will be handled differently.

You are worrying too much. relax and carry on with your life. Business as usual