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ChanelKitten

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  1. To answer your question lal brandow, our IO told us all about lifting of conditions in 2 years, but also did mention that if it took until after November for our name check to clear (god forbid), which will make 2 years that we are married, that our situation would change at that time? Which I interpreted to mean that we would not have to worry about lifting conditions if it took longer than November, because I would then be eligible for Permanent Residency without conditions?! So I guess that either your or your husband are also a fellow Canadian stuck in "pending FBI name check" hell!

  2. I thought that it was time to 'bump' this thread to the top again, because it is important and offers some support to those of us stuck in 'pending FBI name check' hell and the 'sort-of approved' club. I also had an interview on 05/11/06 which ended with "everything looks great, but we are awaiting results of the FBI name check". I read an interesting article today written by an immigration attorney on 05/11/06 which stated that there is actually a loophole which lets immigrants sue for citizenship, adjustment of status, etc. The article states that under federal immigration law, USCIS must receive the FBI check prior to the interview and that if they do not, applicants are rightfully able to sue for immigration benefits if 120 days pass and the agency has not made decisions on the applications. Don't know exactly what a lawsuit of this magnitude would entail, but it's somewhat comforting to know that there is at least one course of action that can be taken, other than just waiting around for the name check to clear. Another article that I read stated that as a last ditch effort, applicants can contact William L. Hooton, which is the Assistant Director of the Records Management Division at the FBI. Although it is strongly advised not to 'nag' this person. Let's try to keep this board alive folks and please update your timelines as those of us stuck in this limbo are lucky enough to get pulled out.

  3. Hi All,

    As previously mentionned, we had my AOS interview on 05/11 and it was approved, but pending FBI name check. Yesterday I received an email from USCIS stating that my I-130 application was approved. But when I checked the status of my case online, there is no change to the I-485. Is this normal? Does it mean that my I-485 will be approved soon? Or is it normal for the I-130 to be approved first and the I-485 at a later date? I am totally confused now!

  4. Thanks everyone for your warm wishes! Rebeccajo, yes, I would love to join your 'sort-of approved' club. It would surely be very beneficial to keep track of one another...if anything, it will make us feel more supported. Jme3584, you are more than welcomed to join the club as well, so we can all keep track of one another. I'm sending out a hope/wish to the Universe for all of us who are in the 'sort-of approved' club, that things move along quickly. Our interviewing officer said that it usually takes 2-3 months for a name check and another website that I found today said that usually the FBI tries to get most name checks processed in 120 days. Let's all keep our fingers crossed!

  5. Hi All,

    Just wanted to fill you in on my AOS Interview experience this morning.

    We arrived at the DHS Office in Buffalo at about 8:20am. We gave our interview notice to the security guard, showed my ID and each went thru the metal detector. He sent us upstairs where we signed-in, handed our interview letter and waited. Our appt. was scheduled for 9:15am and there were only a few other people in the room. Everyone was called before us and even some people who came in after us.

    At about 9:30 am we were finally called-in by a very pleasant woman in her early 40's. She said 'hello' and asked how we were. We followed her to her office and she told us that we could put our things down, but for us to stay standing to recite our oath. She informed us that the interview would be videotaped. We then recited our oath and sat down. She asked to see my passport and my husband's photo ID (driver's license). She then started looking through our file and checking or circling things as she moved along. She asked me the typical "are you a terrorist" questions and went on. She kept looking thru our file and just checking little facts like my d.o.b. (wished me a happy upcoming birthday) and such. She commented on my previous employment as a fraud investigator and said that I should apply to do the same job she does. She also commented on my husband's salary. She only asked if I had any children of my own, how we met and why we waited so long to file. We answered that we just procrastinated and she laughed. All that she wanted to see was our "proof of a life together". I handed her the photocopied pile, she leafed through it and was very satisfied. She then said that everything looked great, BUT that my FBI name check had not come back yet. She double checked on her computer system and said that we would have to wait for that to come back before I could be approved. She also said that the FBI name checks usually take from 2-3 months to come back and since we only filed 2 months ago, it could be just a little longer. She said that they check them weekly to see whether or not they have come back and when they do, I will be approved. And from that point it should only be a few weeks to get the greencard. She walked us out and welcomed me to America.

    We were in and out of her office in about 10-15mins. So overall, I am VERY satisfied that the interview went so well, but quite disappointed that we are pending for that darn FBI name check, because I was hoping to surprise my mom in Canada for Mother's Day this weekend. Now we just have to hope that the name check will come back quickly. Thank you all for your tremendous support throughout this whole journey!!!

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