helinna

It is almost 30 months since my interview (I 485 and I 130 ).My name is pending FBI name check and clearance. . I came back to forum after a long time. I am getting frustrated and do not know how to proceed . Anybody in the forum wants to share and help/advice me regarding my case.

Looking forward

Ans

My wife was is the same boat? She was in a background check for over 2 yrs and finally they sent her a letter saying to come back for refinger prints because they were expired can you believe that and 3 months later she was approved. Have you recieved one of these letters?

Hi VJ

We are writing to see if anyone has experienced the same...

Our AOS was approved June 21, 2008... the welcome letter was sent to our old address, even though we submitted the change of address paperwork in a timely fashion. Well, after months of not receiving the GC because we were told we had to wait, we finally were told to submit an I 90 form. We submitted it on Oct. 3rd 2008 however we still have nothing in hand, no receipt notice for the I 90, nothing! After calling yesterday, 12/30 we were told that I 90 "b" or "d" forms do NOT get receipt notices sent. And that we need to wait 6 months after submission of the I 90 to call back. INCREDIBLE, since this was at no fault of ours.

Question, has anyone experienced the same? Do I 90 forms really have no receipt notices sent for tracking? And has anyone heard of this 6 month waiting period? We just want to make sure we recieved the correct information before calling again.

Thanks so much for your help.

Soch

Did you have to pay a fee for the lost greencard? I would make a infopass appointment online and get to bottom of this good luck!

She can use her passport as her ID in her upcoming interview (that's what i did before). Some states don't issue DL or state ID without greencard as a proof being a permanent resident here in the US.

Its crazy i know! But we went threw the same thing she needs a EAD card or Greencard

My wife recenting became a greencard holder and im a US citizen. Does anyone know for sure what forms she has to send in when we move here in a couple weaks. Im sure i have to fill out a form too. Is it a AR-11 for her within 10 days and for me a I-865 within 30 days. Thanks

My wife has been to the DMV more than five times now.

First we visited, to DMV and we applied for a CA ID with my wife's single name. (I-94 expires less than 30 days)

DMV rep told us that we can be in the system, but we will not be issued a CA ID unless we have EAD or a document from DHS authorization. Our mistake was that we did not bring the marriage certificate so we were told to return to DMV with AOS NOA1 plus EAD Card when it arrives.

Second time we visited, DMV says we are not yet verified so it will take weeks or months until we will receive an ID. This was the time we brought our EAD and NOA1 for AOS. I cannot believe that no one was able to help us. We applied for the CA ID now with my wife's married name. They said that we were still not in the system and this was after showing them the EAD. I was thinking what other DHS Authorization do they need, if we already have the EAD.

Third and Fourth time we visited. This was due to my wife's taking the written test for the CA DL. They still have to wait.

So I finally called the 800 Hotline for DMV and i was said to call the Legal Precense Unit of the CA DMV in Sacramento. Their number is 916-657-7445, but it is always busy. I was able to connect after setting up my cell phone for automatic redail after 15 mins of trying.

An update for those applying for a CA DL / CD ID who have not yet completed their FBI name check as part of ther AOS process: SSNs are not enough to obtain a permanent license. I have read and heard that after a month's wait for the applicans driver's license to show up in the mail after going to a local DMV office to inquire. It is now the policy of DMV that a SSN and EAD is not sufficient for a non-green card holder to obtain a permanent hard card license. DMV will not issue one until after the CIS computers verify that she has passed the name check (now in its sixth month) and is eligible for a green card. Oh Dear.

The system is wacko. *sorry for whining*

Hang in there it only took my wifes background check two years and three months to clear and yes the system is something else thats all im going to say!

Here in Texas they won't give me a DL until I get my GC. I'm currently filing for AOS and should go back there once I get any sort of document proving my legal status of residence. Go figure. B)

i guess it's true that rules are different, depending on the state you're in..anyway, thank you so much for your help and good luck to us!

In New Jersey and New York it's true.

But there are other things you can use for pts toward an ID.

you're that,that is true, i called SSA today and they said the same thing....anyway, thanks so much for your help and god bless!

When you get your greencard you can go to SSA and get the with DHS only removed, my wife did after she recieved her greencard

The approval letter that you need to send in with your AOS is not from the consulate. You would have received this from USCIS after they approved your I129F (before it went to NVC and then to the consulate). This is what people on VJ call the NOA2. They want you to send that in. Not some visa approval letter from the Consulate.

Now, if you really never received or have lost your NOA2, you can request another copy of this approval notice using form I-824 and paying a $340 fee. This of course takes some time to process.

Thanks for the help but I haven't received anything from the Consulate and the visa was issued on 06/19/08. I just got off of the phone with USCIS and thy said they can't do anything...I have to contact the Consulate in Guangzhou. China and you know what a treat it is to contact them!!!

There is a sample of NOA2 under gallery on visajouney upper left hand side of homepage

Hello all,

Here's a question that I was thinking about...maybe someone has an answer for this or has been through the same situation.

Marriage date - March 2006

AOS filed in October 2007 (less than 2 years or marriage)

Completed 2 years of marriage in March 2008

AOS still pending, not approved yet. When it is approved, will my wife be issued a 2 yr. or a 10 year GC?

She is on a K3 visa.

Any input is appreciated. Thank you all!!

My wife & I filed about 5 months prior to our 2 year Anniversary. We had our interview about 2 weeks before our 2 year marriage anniversary.

Our Interviewing officer was very nice and held the approval of our application for 2 weeks so we could qualify and be approved for the 10 year green card.

Since you have been married for 2 years you will get a 10 year GC

we just moved in Oberlin Kansas,anyone from herre?i like to meet new friends please!thank you everyone.

Here are some links:

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

INA: ACT 216 - CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN SPOUSES AND SONS AND DAUGHTERS

8 CFR (1-1-08 Edition)

Of the three links above, only the first one says that conditional residence is given if based on marriage less than 2 years old at the time of granting residence. The laws (the other 2 links) do not say that.

What's more, the first paragraph of the INA section 216 says:

"Conditional basis for status.-Notwithstanding any other provision of this Act, an alien spouse ... shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section." No mention of the 2 years marriage.

Same thing happened to my wife. We were married in Aug05 and she was just approved in Jan 08. Make a infopass appointment. she had to fill out a I-90 form and send her orginal greencard back to where it came from and we also wrote a cover letter explaining we were married for over 2 yrs when she was approved and sent a copy of our marriage certificate also. Five weeks later she recieved a letter letting us know there was a admin error and they were going to correct it. Then she recieved her 10 yr card. Leave me a email if any questions. But make a Infopass first! Also look under the I-90 thread in this forum!

Here are some links:

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

INA: ACT 216 - CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN SPOUSES AND SONS AND DAUGHTERS

8 CFR (1-1-08 Edition)

Of the three links above, only the first one says that conditional residence is given if based on marriage less than 2 years old at the time of granting residence. The laws (the other 2 links) do not say that.

What's more, the first paragraph of the INA section 216 says:

"Conditional basis for status.-Notwithstanding any other provision of this Act, an alien spouse ... shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section." No mention of the 2 years marriage.

And the state ID card would have your picture on it.

Yes,

Try to get a state ID my wife recieved one of those before her license. Take a look at the requirements at the DMV for a sate issued ID. Also apply for your SS when you get your EAD card

Well our 2 year wedding anniversary was yesterday and we got THE email

The last processing action taken on your case

Receipt Number: MSCxxxxxxxxxx

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Card production ordered.

On March 19, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you.

Congrats!. You should get a 10 yr card by 2 days. The law states if you are married for 2 yrs before your case is approved you will recieve a 10 yr card. We were married for around 2.4 yrs before my wife was approved and she finally recieved a 10 yr card. But im not a lawyer either.....Congrats again

The officer who interviewed my wife and I told us that the date would be from the "Permanent Residence Since" field on the actual 551 card.

It is the date your wife became a permanent resident! Approved ! If your marriage is less than 2 yrs old from that date you will probably recieve a conditional card. But im no lawyer. But from my wife case we were married for over 2yr when she finally became a permanent resident and she recieved a 10 yr card. The date will be on the Welcome to america letter and it will say which card she will recieve.

"has anyone gotten approved because of the "180 days" rule yet? as in approved for GC, but name check is still pending? and if so, did you get a 10 year GC or 2 year GC? i'm eligible to get a 10 year one, but wasn't sure if they approve the GC and the name check is still pending, if they were just issuing 2 year GC's even for people that are eligible for a 10 year one? "

my husband was approved after a 3 year wait right before the "180 day rule" was announced. we dont know if the name check was approved or not. we just got the standard welcome to america, greencard ordered letters. he got the 10 year one. i still wonder today if he was approved and out of name check or just fell into the 180 day rule. guess we will find out later when he files for citizenship.

lal, have u heard anything yet from your fingerprinting appointment?

No, but we expect a few months wait since fingerprinting as that is what seems to be normal. The only thing that makes me really uncomfortable about all this is that we dont realy know if we are done or not. Previously, if you got stuck, and were adjudicated, you knew you cleared the check. That is piece of mind. I wish we knew.

In my case I don't care even if they are not done with my background check. What bugs me is I have a clean record since the day I was born. I came to the country legally, lived legally worked legally, I can go on and on. I am waiting because FBI doesn't have time to look at my case. After I get my green card I am set.

I know, but its that "mistakes can be made" that worries me. I just would like to have the comfort knowing that this was wrapped up and complete - especially after all this time.

LaL, i hope you get approved soon. My wife got her so called green paper in early Nov and approved early Jan. So you are right you should hear something soon. I think there just checking again to see if anyone has been in trouble with the law. just my thoughts though. Why then is people getting the green letter at differnt times. You will be next to get approved i will be praying for you and hope this process is over for you.

I had infopass today , unfortunately i had the same counter and IO i had talked to in my last Infopass 20 days back...

it went o n like this

me : i had AOS interview on January, the Interviwing officer told me at the end of the interview that my permananet residency is aproved pending FBI background check and new guidlines issued by USCIS says that cases pending more than 180 days in name check are being aproved...

IO : I dont think that is the issue,you may have heard him wrong your case is pedning (final?)decision

me : no sir, that is what he told me, you mean my background check is cleared

IO : cant say that

me: can you say when my background checks tarted atleast

OK now im happy! My wife finally recieved the right greencard doesnt expire till 2018. She waited 2 yrs 4mths and 24 days. So everyone out there! Light has finally hit the end of the tunnel if you know what i mean!

IO : NO

me : what is the issue with my case

IO : told you, awaiting decision by IO...

so he didn t give u a specific answer...that what happened with me even the guy in the uscis was having very bad english .....lol i don t know why they hire those ppl.....thats sucks

My wife finally recieved her right greencard it expires 2018. It took 2 yrs 4 mths and 24 days. So everyone out there! There is light at the end of the tunnel if you know what i mean! Hang in there

I had infopass today , unfortunately i had the same counter and IO i had talked to in my last Infopass 20 days back...

it went o n like this

me : i had AOS interview on January, the Interviwing officer told me at the end of the interview that my permananet residency is aproved pending FBI background check and new guidlines issued by USCIS says that cases pending more than 180 days in name check are being aproved...

IO : I dont think that is the issue,you may have heard him wrong your case is pedning (final?)decision

me : no sir, that is what he told me, you mean my background check is cleared

IO : cant say that

me: can you say when my background checks tarted atleast

OK now im happy! My wife finally recieved the right greencard doesnt expire till 2018. She waited 2 yrs 4mths and 24 days. So everyone out there! Light has finally hit the end of the tunnel if you know what i mean!

IO : NO

me : what is the issue with my case

IO : told you, awaiting decision by IO...

so he didn t give u a specific answer...that what happened with me even the guy in the uscis was having very bad english .....lol i don t know why they hire those ppl.....thats sucks

you should have gotten the 10 year card!!! hemmm, let us know what happens. This gotta be interesting ............

Went to infopass last Friday. Quess what just what i figured send in the I-90 !you should of got a 10 yr card so the greencard goes back. Wait over 2yrs for a background check to clear and they make a mistake.............................

My wifes 10 yr card is on its way recieved new welcome to america letter and its says 10 yr card and they sent a seperate letter letting us know they recieved her 2 yr card we sent back and it was a admin error there part and she will be getting a 10 yr card soo. She also recieved a welcome new premanent resident email and card procuction email last week. Sent in I-90 correction form feb 06

congrats that is great news!!!!

we were just told that the march 10 regulation doesn't apply to us since we haven't had an interview. I'm inclined to think the guy doesn't know much and that he's wrong. Nevertheless it is pretty demoralizing.

That sounds odd. A lot of people didn't have interviews who ultimately got a green card.

Maybe you could try the congressional assistance approach? I'm thinking that they can actually help now because USCIS can't give them the FBI backlog excuse anymore.

I hope you get good news soon!

OMG.................... my wife recieved her new welcome letter and its going to be a 10 yr card. Also USCIS send in a seperate letter that there was a admin error and they are going to correct it i cant believe it!!!!!!!!!!! did they just say they were wrong!!!!!!!!!! Anyway they said they recieved her 2 yr card and going to give her a 10 yr one now, because the marriage was over 2yrs old when she became permanent resident they even sent the copy of the marriage certificate we sent them back. Sent in I-90 Feb 06 Weclome letter to America letter Feb29 we will see when she gets her card and we can finally breath from this stuff. So all you that are in Background checks hang in there. There is light at the end of the tunnel even if you have to wait 2.5 yrs like my wife did.

i just hope they fix the system in 3 years so my husband dont have to wait another 3 years to naturalize. i would be pissed off if he gets hung up again.

Most of you people that have been in this thread for a long time know our story! My wife waits 2 yrs and 4 months for her background check to clear and USCIS send her a 2 yr card on Jan 7 08 a mistakeeeeeeeeeeeeeeeee. Marriage was over 2 yrs when granted permanent resident so she should of recieved 10 yr CG.

So my wife sent her card back 3 weeks ago today and today she recieved a email from USCIS Feb 26 Notice mailed welcoming the new permanent resident. So i guess they found there mistake and going to approve her 10 yr card. We will see but it looks like she is going to get it. Im glad we got a response and didnt lose it i will keep you updated.

Ok we just received a fancy green paper NOA for fingerprinting. Here's the catch.

1 - it lists I765 in case type

2 - it lists the EAD application number

3 - is code 1

4 - his name is misspelled again

#1 - the EAD listed has been aproved since Nov 7th 207. Everything points to them selecting the wrong case number but trying to have it *for* the AOS (being code 1 n' all). The fact that they may have selected the wrong case to apply this to dosent suprise me, but they also used the name that we had corrected previously on this same EAD.

Oh well, we arent going to complain. would be nice for them to get something correct once in awhile. (however! they did get our change of address correct after I attacked it from land of overkill).

Ya Lal you are on your way! give it a couple of months after the fingerprints and make sure they take all 10 fingerprints because in KC they tried to mess my wifes up and only give her one print. Then call the call the no help line to see if your background check has cleared

WELL I GUESS THEN THE FACT THAT I NEVER SAW IT - WOULD ATTEST TO MY TRYING TO INSURE EVERYONE ELSE DOES!

WHY WOULD YOU EVEN RESPOND ???? DOES IT EVEN EFFECT YOU?????

You must NOT have ever known what it's like to be in the dark and not have a clue when or what will be happening within your marriage.

Of all the people on VJ, LaL is one of a few people who have had to wait a ridiculously long time for the FBI name check to come back. In fact, LaL has had to do this TWICE now, once at K-1 stage and now (still) during the AOS stage.

In her post she was merely letting you know that this information had been posted before, it was hardly basis for you to attack her in such a rude fashion. A little bit of respect and courtesy wouldn't go amiss here, I think.

Thank you.

I second that. There was no need/reason for that person to get on her high horse.

the answer to ur question helinna......USCIS

it seams they should let u keep the card until the new one arrives. who knows how long it will take to get the new one. such screwups.

didnt u find it hilarius how they make sure to tell u how important ur A# is and not to loose it...now how long have we been using that A# now? duhhhh. if i remember right we even had to use it on the aos application..do they really think we dont know its important.

well when that card comes im going to check and recheck for mistakes.

But im sure if you dont sent the orginal card back they will reject your apllication I-90 because in the the instructions you tells you send bac your card. Thanks for listening this whole process has been a nightmare. My wife says i worry to much. How come in ever stage of this process there has been a mistake.................

now only god knows whats ahead lol

i thought of u when i read this thread.. dont know if u saw it yet.

http://www.visajourney.com/forums/index.ph...pic=138&hl=

Thanks for the info. Weve seen it and looked at it. So we will see if they get it the card i pray they do or whoever recieved it in DHS will send it back and tell us we sent it to wrong address. The crazy thing is we sent it to a P.O. Box 648005 Lee,s Summit, Mo that was with our Greencard. Thats what the I-90 instructions said to send it to the address that was with the card or your orginal I-485 NOA address (who processed it) and it was the same P.0. box address and then the post office forward to a differnt address but same Lee,s summit. Then i read I-90 thread and found a differnt address for NBC(national Benfit Center )for card corrections. Then i Mapquestedhe 2 addresses first were it got deliverd then the last NBC address and they are 3 miles apart you think they are smart enough to get it to the right place if it isnt or do i need to go the post office again. This whole UCSIS process can make a person go crazyyyyyyyyyyyyyyyyyy!!!!!!!!!!!!!!!!!!!

the answer to ur question helinna......USCIS

it seams they should let u keep the card until the new one arrives. who knows how long it will take to get the new one. such screwups.

didnt u find it hilarius how they make sure to tell u how important ur A# is and not to loose it...now how long have we been using that A# now? duhhhh. if i remember right we even had to use it on the aos application..do they really think we dont know its important.

well when that card comes im going to check and recheck for mistakes.

But im sure if you dont sent the orginal card back they will reject your apllication I-90 because in the the instructions you tells you send bac your card. Thanks for listening this whole process has been a nightmare. My wife says i worry to much. How come in ever stage of this process there has been a mistake.................

now only god knows whats ahead lol

I was just wondering if anyone receiving a green card w/ the wrong gender had noticed anything unusual on the USCIS website when checking their case online...for example, when I check my husband's AOS online, it says "welcome *Mrs.* Karaman" when I sign into the online account. I am hoping this is just a fluke and doesn't indicated that they are going to put the wrong gender on his green card....

My wife Recieved a 2 yr card instead of 10 yr card and we are going to send it back because the marriage was over 2 yr when she was granted permnant residence. Took a infopass and they also said return it. But my only question on Part 2 of the I-90 it asks your status? would my wife be permnant (non commuter) or condtional permant resident. She should of got a 10 yr card ! On her weclome letter its says conditional permnant resident but that is wrong. Should we check permnant resident(non-commuter) any sugguestions

Well my wife sent her GC card back to P.O box in Lee,s Summit Mo because of wrong Status . What if this I-90 and paperwork get lost and card get lost anyone have a answer to this one?????????? Just feeling they will make a mistake again. I least someone from Homeland Security signed for it !!! Because we had it tracked but it went to a differnt address in same city i guess for a signture. So i hope it gets to the right place!!!!!!!!!!!!!! Just venting