aireybollox

Hi guys

I'm wondering if there's any steps I can take to speed up my adjustment of status. Heres my time line

Been a j1, H1B visa holder and filed for marriage based adjustment in Nov 2005.
Interview in May 2006; I sent further evidence and my file hasn't been updated since August 2006. Apparently, my file is at NBC but, when I took an infopass in Charlotte, NC, I was told that my file was there.

Apparently, my file is awaiting final decision. I've called the helpline, who have sent out service requests. I've driven three hours to Charlotte for fruitless infopass appointments who sympathise but just tell me to sit tight.

Naturally, I am on an EAD (my second), and actually have a federal job...but I am losing health and retirement benefits which really bothers me.

Any thing else I can do? I've thought about sending a letter to two officers I know that work there with the request that they can take a look at my file. Maybe that will P*** them off though?

Best wishes

Elvira

Is your case pending because your security/name check has not cleared?

Unfortunately this is not uncommon and there really is F-All you can do about it.

Get in touch with your Congressman's Office - they will write to the FBI to get a status report. But that's all you can basically do, shorty of suing them - which is probably pointless unless you've been waiting 6 years or more.

It sucks big time.

aireybollox

Hello Elvira

Great to hear from someone so eminent!

No, apparently all checks have been carried out. My name is pretty uncommon and I've led a pretty clean life!

It sounds like I just need five minutes of someones time to look at my file and I'm probably there. Contacting a congressmen may be the way to go.
As I filed all the papers myself rather than paying an attorney, my only concern is that I've screwed up something and my case will be declined.

Cheers

AB

Elvira

Now this is weird... What did they tell you at the interview? How do you know your background checks have cleared?

Have you spoken to a Supervisor at the CIS where your file is held? What exactly did he/she say?

But writing to the Congressperson looks like the way to go. AFAIK the CIS has to respond to their enquiry.

aireybollox

My spousal interview in May 2006 was a 5 minute affair.

Basically, we were asked for the deeds to my wifes house. We posted copies of these in the mail (recorded delivery), and then nothing.

I had an infopass in August to confirm that this RFE had arrived in my file. It hadn't. So I posted it again to two different USCIS officers. Soon thereafter, my file was 'transferred' to the NBC.

At an infopass late last year, I asked a third officer whether it was security checks which were hindering my case. She looked on the computer and told me," It says final decision pending". You'll just have to sit tight.

I'm inspired to write to my congressman now. What, by the way is the meaning of AFAIK? I'll report back to you when I get any news. Thanks Elvira

Capt. Tuttle

aireybollox wrote:
>>Is your case pending because your security/name check has not cleared?
>>
>>Unfortunately this is not uncommon and there really is F-All you can
>>do about it.
>>
>>Get in touch with your Congressman's Office - they will write to the
>>FBI to get a status report. But that's all you can basically do,
>>shorty of suing them - which is probably pointless unless you've been
>>waiting 6 years or more.
>>
>>It sucks big time.
>
>
> Hello Elvira
>
> Great to hear from someone so eminent!
>
> No, apparently all checks have been carried out. My name is pretty
> uncommon and I've led a pretty clean life!
>
> It sounds like I just need five minutes of someones time to look at my
> file and I'm probably there. Contacting a congressmen may be the way to
> go.
> As I filed all the papers myself rather than paying an attorney, my only
> concern is that I've screwed up something and my case will be declined.
>
> Cheers
>
> AB
>

I also recommend you contact your representatives (House AND Senate).
Most of them have someone in their office that works as a liaison. You
might just get a "we will check" type response, but they will ask BCIS
for a report on your case. BCIS, for what I've seen, HAS to respond to
members of congress.
Check the web sites of your Representative and Senators. They may have a
local office you can contact. One of my Senators did have an office near
me with a liaison person. She wasn't a great help, but she was a help.

Noorah101

AFAIK = As Far As I Know

Rene

Elvira

So has your response to the RFE been logged or not? When you say you posted it to two officers, what do you mean? Did you send it to address they gave you?

Have you spoken to a Supervisor at the CIS or just the drones at the window?

(AFAIK - as far as I know... remember google is your friend.. )

aireybollox

Dear Elvira

My first attempt at posting RFE definitely arrived in the mail room at the right location but somehow didn't arrive in my file. I only found this out on an Infopass, 3 months later from a drone at the window (who couldnt find the RFE in my file).

I posted my second RFE to this drone and the original interviewing officer.

I wasn't aware there was a CIS supervisor I could speak to. I need to renew my third EAD soon and will do another infopass at the same time.

I've just e-mailed my local congressman. We'll see what happens.

Cheers

Elvira

Now I'm confused. When you receive a RFE, the procedure to be followed is included in the request. You should not normally mail anything to specific individual officers. Did you or did you not send your response to the correct address?

Has the response to your RFE been logged or not?

You have the right to speak to a Supervisor at your local CIS. I would do so without delay (via Infopass).

aireybollox

Sorry to confuse you, your highness.

I am not 100% sure whether my RFE has been logged or not. However, if my case is at the stage of 'final decision pending' then I would assume that it has been. The desk drone at my Infopass in Dec 2006 indicated to me that the USCIS have all the information they need.

Surely, it is common sense to address ones RFE to the person who interviewed one? I would think that there are more chances of files getting lost if they are not addressed to the right person.

An Infopass is a real pain in the butt for me. I work in DC, live in Raleigh and the local USCIS is 3 hrs away in Charlotte. And...before you ask, I have been to USCIS in DC who won't look at my case!

Cheers

aireybollox

PS.

I was definitely not given the address to which to send the RFE. I sent it to the office where my file is kept, and where I had my spousal interview. Obvious, I would have thought.

Noorah101

Elvira, it sounds like the OP didn't get a standard RFE in the mail, with instructions on how to return it. What probably happened is that the officer doing the interview verbally told them to send in a copy of the deed, with no further instructions.

Aireybollox, if your file has been sent away from your local office, one of the following things has happened. 1) the deed has been matched up with your file, your case has been approved, and the local office no longer needed your file. However, with this scenario you would expect a better answer than "still pending". 2) the deed got matched up with your file, but no one updated it in the system, someone saw your file was still hanging around the local office, and they mistakenly sent it off to storage without realizing the file still needs attention. I'm guessing it's this scenario, since it still says "pending", but not "case closed", which it would probably say if they never received your RFE. I suppose your deed might never have even made it to your file, and someone just sent your file back to storage without taking any action on it...but I would think in that case you'd be looking at a "case closed" instead of "pending".

I think you're on the right track getting someone involved in chasing down why your file was moved away from your local office when it was not yet finalized.

Rene

aireybollox

Hello Rene and Elvira

Its been quite an exhausting day, fretting about my i485 application! Better crack the wine out. First, a couple more thoughts...

"Elvira, it sounds like the OP didn't get a standard RFE in the mail, with instructions on how to return it. What probably happened is that the officer doing the interview verbally told them to send in a copy of the deed, with no further instructions."

Close! The officer did verbally tell us to send them a copy of the deed. She didnt tell me where to send it, but did present me with a sheet of paper notifying me of the request. I found the paper an hour ago, and the address for postage was ,"This office".

Hence, I sent it to the right place.

"Aireybollox, if your file has been sent away from your local office, one of the following things has happened. "

At my past infopass appointment, the drones on the desk told me that my file had been in Charlotte all the time, and not at the NBC, stated on the USCIS web site. I think I am more likely to believe the drone rather than an often inaccurate web posting.

" 2) the deed got matched up with your file, but no one updated it in the system, someone saw your file was still hanging around the local office, and they mistakenly sent it off to storage without realizing the file still needs attention. I'm guessing it's this scenario, since it still says "pending", but not "case closed", which it would probably say if they never received your RFE. "

Not seeing a "case closed" due to lack of RFE presentation does give me some relief. I could probably live off EADs forever!

There is one other scenario which is where I think that the North Carolina office is simply over stretched. This state is seeing a huge influx of people, and only has one USCIS office. Luckily, a new one is currently being built in Durham, NC, ten minutes from where I live. At least my Infopass appointment wont be such an effort in future.

When I get a result I'll be in touch with you guys.

Thank you for your time

AB

another Bob

In article <[email protected]> , Noorah101
<[email protected]> wrote:

> > My spousal interview in May 2006 was a 5 minute affair.
> >
> > Basically, we were asked for the deeds to my wifes house. We posted
> > copies of these in the mail (recorded delivery), and then nothing.
> >
> > I had an infopass in August to confirm that this RFE had arrived in my
> > file. It hadn't. So I posted it again to two different USCIS officers.
> > Soon thereafter, my file was 'transferred' to the NBC.
> >
> > At an infopass late last year, I asked a third officer whether it was
> > security checks which were hindering my case. She looked on the
> > computer and told me," It says final decision pending". You'll just
> > have to sit tight.
> >
> > I'm inspired to write to my congressman now. What, by the way is the
> > meaning of AFAIK? I'll report back to you when I get any news.
> > Thanks Elvira
>
> AFAIK = As Far As I Know
>
> Rene

Call your congressman/woman's local (for your address) office and your
US Senators nearest local office. You may wish to check their web site
first as some want you to put the questions or problems in a summary
form. Many such offices have a person VERY knowledgeable in contacting
the USCIS. I think the local office will be the best way to go, not
Washington DC. We have used this process a couple of times and have
always had a good and helpful response. By the way, after they do their
best, please send them a letter of thanks to the congressperson and
mention who your worked with. Apparently most people do not extend this
courtesy.

You can look in your telephone book or on-line for the name and local
office of your congressperson.

Good luck.

Another Bob (I am not a lawyer)