i-130 still pending after 9 months due to background check. ?

[Gabby09 0]

I filled i-130 in april 2016 and i haveng recived anything so far. I went to congressmen they said its due to background check. No timelime given. Any idea how long more....

I have clean record and no red flags except i applied for k-1 before getting married and was not given to my current wife in new delhi. So may be they are checking that why it was refused. But its 9months. Very depressing. My wife's friend got married around the same and she is already in usa.

Thanks

[Hypnos 6,576]

No way to know. AP can take years in a small minority of cases.

[Ryan H 3,796]

Moved from Process & Procedures to Progress Reports.

[JFH 12,189]

Never compare your case against others - it only drives you crazy. Every case is different.

If I understand your post correctly, your wife was on the K-1 route but it was denied by the embassy? If so, you will face extra scrutiny on this attempt. Have you overcome the reason for the denial?

Edited November 18, 2016 by JFH

[Gabby09 0]

K1 was denied under 221 g. When i got the letter it was pettion expired and they didnt ask for any response . Then i got married after few months i applied i130.

[KierenHby 897]

Background checks take as long as needed; no timeline.

Your wife's friend has nothing to do with your case, shouldn't compare the two.

And,

[Gabby09 0]

i understand all cases are somewhat different. Mostly all i-130 are getting approved within 5 months and mine is at 9 months. 4 extra months shouldve been more then enough for them.

[JFH 12,189]

Depends how far in depth they have to go with the checks. I know of someone whose I-130 spent 15 months at USCIS for background checks.

The main thing is that you have overcome the reason for denial of the K-1. So far all you have said is 221(g) as the reason for denial, which doesn't reveal much.

Stop looking at other people's approval times. Seriously, it will drive you crazy.

[Anitafeliz 1,133]

This happens when people don't fix the first refusal reapply and never fix the underlying problems.

I hope it resolves for you soon.

[Gabby09 0]

How could i have resolved it when they never gave us chance and when i got the offical letter it was expired. Anything i couldve done?

[agripa 100]

You said you received 221g notice. Did your fiance (now wife) attend an interview? Usually, if there is a denial at the interview they provide a slip of paper, which usually provides some information about why they denied you. Did the consular officer mention anything at all during the interview?

The more details you can provide us, the more help people here can be.

[Gabby09 0]

Yea she had the interview for k1 visa and the she got the white slip saying the officer thinks the evidence provided was insufficient for this relationship and visa category. No chance given to provide more evidence.

[KierenHby 897]

Having learned a thing or two about the consular process overseas, the primary chance an applicant has is to front load the application that leaves little doubt for interview day.

Not saying this was the situation in your case, but a number of India K1 applicants have to overcome a COs suspicion that they're not married. A number of married couples pass of as fiances to get to the US faster. I know of two such cases in real life from among my India colleagues. Again, not alluding that to be your situation.

What's done is done. Not sure you can do anything but wait. Maybe someone can chime in with an alternative, if one exists.

[Anitafeliz 1,133]

Then that meant you needed to front load that initial app.

Second app what was added?? Just the marriage?? Something was lacking this is why you where denied.

Are there any red flags age, religion etc??

Yea she had the interview for k1 visa and the she got the white slip saying the officer thinks the evidence provided was insufficient for this relationship and visa category. No chance given to provide more evidence.

Edited November 18, 2016 by Anitafeliz

[agripa 100]

she got the white slip saying the officer thinks the evidence provided was insufficient for this relationship and visa category

It sounds like the consular officer thought that either your did not provide sufficient of your relationship or thought you did not qualify for your visa category (i.e., s/he thought you were married). Hopefully, you front-loaded your application with plenty of evidence this time around.

Unfortunately, there is nothing you can do to speed up a background check. It will take as long as it takes. Your congressperson/senators can only inquire about the status, but can't really do too much more.

Edited November 18, 2016 by agripa