Delay in name check

[hipop2007 0]

I have been waiting for my I-485 approval for 24 months now and it has been moved to NBC about 6 months back. My interview was done in March 2006 and is pending name check. Even I-130 is still pending. My wife is sponsoring me. Is there a way that my wife can withhold the processing and how will i get to know if she does?

Thanks for the reply,

hipop2007

[Cécy 44]

I have been waiting for my I-485 approval for 24 months now and it has been moved to NBC about 6 months back. My interview was done in March 2006 and is pending name check. Even I-130 is still pending. My wife is sponsoring me. Is there a way that my wife can withhold the processing and how will i get to know if she does?

Thanks for the reply,

hipop2007

Why would your wife withhold the processing?

If you haven't had any news for a while, the best thing to do is to make an infopass appointment and find out what's going on. It might motivate them to get moving to (if only on the I-130)

[hipop2007 0]

I already did an infopass appointment,they say the same story,name check pending. I was just wondering if at all my wife has a right or way of withholding the procedure since she is the sponsorer. you never know,she might be thinking that i might leave her after i get my GC since we are from different countries and her family members keep on telling such stories that happenend to someone.Had i known before,i would have gone through an employment based processing rather than family based. At this stage,i can't go back to employment based GC since it might create a wrong impression for USCIS.So Just wondering if my wife can withhold procedings until further notice and is there a way for me to find out if she does?

Hoping for the best.

hipop2007

[Mr and Mrs Bird 0]

I am confused when I see that a delay on GC can be such a long time.

I am really so sorry for you.

What is the reason for namechecks to take that long? Is it because of red flags showing up when they do the search? And does it has something to do if we are from a special country

[LaL 418]

You are concerned your wife and/or family has the impression that you will leave once greencard in hand? Seems a bit dramatic?

The only time I have seen someone "pull sponsorship" is if the marriage didnt work out during the AOS processing phase (once approved there is no "cancellation"). Even then - your wife is not the applicant, you are.

Let's just say you want a cousin to sponsor you, your wife would still be the primary sponsor and your cousin a joint sponsor. Either way, your wife is still sponsoring since you are adjusting based on your marriage to her.

I am positive there are nuances here I am missing, hopefully someone can come and provide more insight.

[Empress of Groovy 373]

Hipop, I don't think that your wife has the right or authority to do anything to your AOS application because it is considered your application. Even though it's based on marriage to her, it's not her application, or even both of yours. Therefore, only you could make a request to stop processing. There are a few threads on here from sponsors and USCs about not being able to get information about their spouse's I-485 on the phone--in fact, that's happened to me. I think the reason that only the applicant can make inquiries and stop processing is to keep USCs who might be manipulative or abusive from being able to hold the threat of deportation over someone who has a pending AOS application (I'm not saying that your wife is doing that, mind you!). If you applied 24 months ago, I gather that you've been married for over two years? When your GC does come, it should be a 10-year card.

Mr and Mrs Bird, name check delay, unfortunately, can hold up an application for months or years. We're in the same boat. We applied 22 months ago and are still waiting. It's maddening. However, we're together, and he can work and travel internationally--we just have to keep applying for interim benefits. And now they're twice as expensive. :-( There doesn't seem to be much rhyme or reason as to whose application gets delayed. My husband is from the UK and has a common English name.

[hipop2007 0]

Thanks for the reply guys. This october it will be 2 yrs since applied for I-485 & I-130. We have been married for abt 26 months now. Its surprising that I-130 is still pending based on my name check. I thought I-130 is regarding the sponsorer ( similar to I-140 for employment based). Even I-130 is pending for me. So not sure how long it will take. Does anyone know how to contact First Lady. Does anyone have the mail id so that i can mail FL or anyother concerned person.Its a good trick by USCIS to make money through (I-765 & I-131) every year by delaying the name check.

Hope everyone sees the ray of light soon.

hipop2007

[misa 2]

Because the AOS is not approved yet due to holdups with namechecks, she can pull the I-864. This was discussed in another thread for another poster in the "Effects" forum.

Also, someone correct me if I'm wrong about the next part: The I-485 is also contingent in this case upon an approved I-130 which the OP doesn't have yet. She, as the petitioner, can pull that if she wants to, correct?

For the OP, I think it's best you talk to your wife about these things if you think she has doubts.

Edited September 11, 2007 by misa

[Empress of Groovy 373]

I hope this isn't a ditzy question: Isn't the I-864 more of an issue before an EAD is issued? Assuming that Hipop has an EAD and is gainfully employed, is the affidavit of support much of an issue? It doesn't seem right that someone could jeopardize his or her spouse's AOS application by withdrawing support, especially if said spouse has work authorization and is working. I gather from Hipop's original post that he was in the U.S. working before he got married. Is that right?

I've never really understood the I-864 anyway; the sponsor could become unemployed or encounter financial ruin after submitting the application, and no one would find out.

Sorry, I guess this post isn't that useful. I'm just curious how much a disgruntled person could mess with his or her spouse's application.

[lillac 0]

I already did an infopass appointment,they say the same story,name check pending. I was just wondering if at all my wife has a right or way of withholding the procedure since she is the sponsorer. you never know,she might be thinking that i might leave her after i get my GC since we are from different countries and her family members keep on telling such stories that happenend to someone.Had i known before,i would have gone through an employment based processing rather than family based. At this stage,i can't go back to employment based GC since it might create a wrong impression for USCIS.So Just wondering if my wife can withhold procedings until further notice and is there a way for me to find out if she does?

Hoping for the best.

hipop2007

1) hi wanted to ask you if there were problems in the interview? i guess its a stupid question...but still...i need to know did u have any thing abnormal in the interview..ive heard they sepr. u and ask questions...etc tc

2) also which race ur spouse? I wunder if it is coz of an interracial marriage?

thanks

lilliac

[hipop2007 0]

I have been employed before i got married. I was on my H1B. Moreover my wife is not working anymore. She used to work when we filled my application along with the AOS.But now she is not working.DOes this affect our case or is this what that is delaying our case.

I had no problems in my interview. In and out in 15 min along with my wife. I guess they dont question seperately unless you go for a second interview or it might depend on the local office. My wife is the same race as i am but she is from a different country.

[LaL 418]

AOS Despair - this might be what you are thinking about : if you (intending imigrant) meet the requirements, you can use your own income for the I864. Your wife will, however, still be the primary sponsor. In this case you do not need a joint sponsor (if that is the concern). We had a change in our financial situation during AOS and submitted a new I864 at the time of the interview (they didnt want it though).

There are other excerpts from the I864 that might help you out. Might be a good read for you.

http://www.uscis.gov/files/form/I-864.pdf

What If I Cannot Meet the Income Requirements?

Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident.

[Mags 112]

This might shed a little more light on the subject:

http://www.visajourney.com/forums/index.ph...t&p=1186976

[diadromous mermaid 36]

Hipop, I don't think that your wife has the right or authority to do anything to your AOS application because it is considered your application. Even though it's based on marriage to her, it's not her application, or even both of yours. Therefore, only you could make a request to stop processing. There are a few threads on here from sponsors and USCs about not being able to get information about their spouse's I-485 on the phone--in fact, that's happened to me. I think the reason that only the applicant can make inquiries and stop processing is to keep USCs who might be manipulative or abusive from being able to hold the threat of deportation over someone who has a pending AOS application (I'm not saying that your wife is doing that, mind you!). If you applied 24 months ago, I gather that you've been married for over two years? When your GC does come, it should be a 10-year card.

Mr and Mrs Bird, name check delay, unfortunately, can hold up an application for months or years. We're in the same boat. We applied 22 months ago and are still waiting. It's maddening. However, we're together, and he can work and travel internationally--we just have to keep applying for interim benefits. And now they're twice as expensive. :-( There doesn't seem to be much rhyme or reason as to whose application gets delayed. My husband is from the UK and has a common English name.

The applicant in a marriage-based adjustment of status submission is the alien spouse of a petitioning US citizen, but if the USC spouse has reason to believe that the alien deceived him or her into marriage for immigrant benefit, OR if the marriage through which PR could be conferred is no longer viable, then the USC can and does have the right to end the process. Semantics are being discussed here. While the alien signs the AOS form I-485, it is only valid whilst there is an approved I-130 in place. The USC petitioner can ask that his or her endorsement of the I-130 be withdrawn. In which case, no AOS is possible based upon marriage.

[diadromous mermaid 36]

I hope this isn't a ditzy question: Isn't the I-864 more of an issue before an EAD is issued? Assuming that Hipop has an EAD and is gainfully employed, is the affidavit of support much of an issue? It doesn't seem right that someone could jeopardize his or her spouse's AOS application by withdrawing support, especially if said spouse has work authorization and is working.

Not true at all, in fact, the I-864 becomes binding once the I-485 is approved, and once that happens no EAD is required. The I-864 is a mechanism in place to prevent aliens from becoming a burden of the US government, at the behest of the petitioning USC spouse. Were it not for the USC spouse's request of USCIS, the alien would have no right (under this circumstance) of residing in the USA permanently. So, in that case, the USC is asked to oblige him or herself to provide the necessary financial support to the alien, in return for the benefit of the Service awarding PR to the foreign born spouse.

Edited September 13, 2007 by diadromous mermaid