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Hi all, I only found this website a month or so ago, but it's been so helpful in explaining the whole visa process. I wish I would have found it sooner! I'm hoping to get some advice on our current position. I was teaching in China for 3 years, and we submitted the I-130 in April of 2015 while I was still under contract for a couple of months. Since we had no idea how long this whole thing would take, we figured that I should go back to the US instead of coming back for another year of teaching. If only we had known! My wife had her visa interview for a CR-1 back in August of 2015. She had answered truthfully to the question about being a member of the CPC, so she needed to submit more information regarding her involvement. I helped her draft the answers. It seemed pretty straight forward to me. She had only joined before getting out of college because her parents said it would help her find a job post graduation. It didn't end up doing anything overt. She's a music teacher by trade so maybe being a CPC member looked better on her job application, but their was never any express statement that it was a requirement for her job. She worked at that school for 2 years, then we moved so I could take a new teaching job. At that point she stopped paying her dues, which she said was a simple way to have her membership lapse. I knew that that the CPC membership would be an issue, but I felt her particular case was so superficial that it wouldn't really be a hangup. I was dead wrong. I went back to the US in July and was living with my parents while looking to move. I contacted the local Congressman in November. They got the same reply from the embassy: "administrative processing." After I moved I was in a new congressional district, so in January I reached out to that Congresswoman. Her office was much nicer, but in the end they got the same answer. With February being Spring Festival this year, my wife was pretty miserable and begged me to come back to spend some time with her. Her parents, who she's been living with, have been particularly awful throughout this whole process. They don't understand anything about how the visa application process works and won't listen to my wife when she tries to explain the realities. Her dad still doesn't believe it has anything to do with her CPC membership. I had a job that I could do remotely, so I booked a ticket and came to China just before Spring Festival. I've been here about 3 months on a 120 day visa. We keep expecting there to be a change with her visa status, but there's been no movement at all since she submitted the additional documentation at the beginning of September. I contacted a sentor's office about a month ago, and they're still getting the same stock response. Needless to say my wife and I are pretty miserable and tired of the not knowing. At this point, I'm wondering if talking to a lawyer about a writ of mandamus would be worth the money. Does anyone have any advice for this particular situation? I could recontact the congresswoman's office since it's been more than 90 days since they asked, but I feel like the 3 separate government officials have had no effect. Any advice you all have would be greatly appreciated!

Hey all, Well....found out for sure from Guangzhou that DCF isn't possible anyway given my circumstance. I have been living here in China for 14 months teaching English. I hate teaching with a passion. I want to be able to save money for when USCIS finally approves the I-130 petition and she gets the spouse visa. I can't do that being in China. I also owe the US Department of Education almost $30,000 in student loans, and I have already had to defer the payments 3 times while living in China. I did contact an attorney, and I will possibly be filiing a Writ of Mandamus to get USCIS to make a decision in our case. However, I have no idea how long it could take for USCIS to make a decision. It could be a month, it could be another 6 months or more. Basically, my wife and I have talked about me returning home soon. However, I was thinking about having her apply for a visitor visa while I was here in China. If she got it, I planned to return home and she would come to visit me and my family later. In terms of financial support, my old boss will give me a job upon my return to the states. Basically, I have the financial support aspect of the visitor visa interview taken care of. The concern is the part of proving she will return to China when the B visa expires. She does not have a job, she sells jewelry and women's hair bows that she makes herself, as well as other merchandise such as scarves. She doesn't own any property. She does have a home, but it is her parents' house. She does have money in bank accounts. I know that there have been many posts on here about this issue because I read most of them. I also know the chances of her getting a visitor visa are very, very, very slim, but we are going to try anyway. However, I was hoping that maybe I could get advice on what documents we could take to the interview that would help show that she does not intend to overstay the visitor visa and she intends to return to China upon its expiration. I was thinking maybe a letter from me, stating that we are aware that we have a petition pending, that I would like for her to come to spend time with me and my family while we are waiting for petition approval, that we are aware if USCIS approves our petition she will have to return to China for the interview to get the spouse visa, and that I will ensure that she returns to China upon the expiration of the visitor visa because we know if she doesn't, then we will never be able to get the IR-1/CR-1 visa. We have already decided to at least try to get the visitor visa. What kind of documents could we use to show she will return to China? Should I go back home first and then she apply for the visitor visa, or would it be ok if she applied for it while I am here? Again...if she would get it, she may travel back to the states with me, or she may come later. Again...I know this is a topic that has been discussed many times, but I would appreciate any advice on this matter. Thanks, William

Hey all.....long time no see! Well.....after waiting for a very long time for a decision in our case. I did, in fact, move here to China last year in September with the assumption and hope that USCIS would approve the petition within a few months at the most (silly me). Here it is 1 year later and still nothing. All I get every time I call is "Your case is pending and is currently being processed". I am told every time that if a decision has not been made within 3 months to call back. For those of you who do not know, we have been going through all this heartache because of the fact that I am a convicted felon from 10 years ago (no it was not for domestic battery or any violent crime). I even waited for 1 year for the FBI to complete a background check on me before they returned our case back over to USCIS in May of this year. So, here is the issue I am wondering about now. With a case currently pending with USCIS at the Vermont Service Center, and my criminal history, would we be able to do a DCF in Guangzhou? I have more than met the 6 month residency requirement, but I am concerned about my current petition and my criminal history. The form to file for the DCF is only the I-130, which does not ask about the petitioner's criminal history (when we filed the I-130 for spouse visa in 2009, it was required to file an I-129F form as well, which DOES ask about the peitioner's criminal history). Basically, would I need to/be able to withdraw my current petition at the Vermont Service Center, and them file a DCF in Guangzhou? Since it is a DCF, would they do a background check on me or just my wife? Also, would they be able to get on their computer and see that I had a petition pending at the VSC and ask why I withdrew it and/or see that I have a criminal history? Anyway.....since I have no idea when/if USCIS will make a decision in our case, I was wondering if we could file a DCF since I have lived here with her for more than 1 year. Any input is appreciated. Thanks.

For those who received a blue slip and provided the requested information and have been waiting a long time for the decision, and those issued a white slip and the case has not yet been returned or it's been returned and no action has been taken by USCIS for some time, if you are represented by an attorney it may be a good idea to ask them about the possibility of filing a Writ Of Mandamus to get things moving in the case. I found out about this through my attorney and I may proceed with this myself. I've pasted below an explanation of the Writ from a lawyer's website that I think is a good explanation for the layman. I hope this may be of some help to some of our brothers and sisters out there. Good Luck To All, Splinterman In certain cases, USCIS may simply fail to act regarding your petition. Perhaps you have a case that has been pending for an egregiously long amount of time. You may have even attempted to contact your locally elected official to see why the process is taking so long. You may have attempted to contact the immigration office multiple times via mail or scheduled multiple appointments with your local immigration office to discuss the status of your case. But all of these steps still don't lead to your case getting processed. What can you do? One step you may consider is filing a writ of mandamus in federal court. This measure may force immigration to at least render a decision on your case. A writ does not guarantee approval, however, it may be the solution to your untimely processed case.

Just was curious. I would like to know all of your details. Pat

Hi guys, It's been a while since I posted here but figured I'd give you all an update on what's been happening. In March 2006 my wife united with me when she got her k-3 visa. In May 2006 we filed for adjustment of status through the Dallas DORA program. For those of you who are not familiar with this program - it's a program where they try to adjudicate your I-485 within 90 days so that the cost of the EAD and AP can be saved. Well that's the theory at least. My wife was fingerprinted about 2 weeks after the interview, and then about 50 Days after that we got a letter saying that they probably won't be able to complete the case within 90 days, and that we were invited to apply in person for an EAD and AP, which we did. Today, almost 14 months later, there has been no change in our case. I called late last year and found out that they were still waiting for the FBI background check to clear. About 3 weeks ago I called again, and that officer said they would look into it and send out a notice with their findings. That notice we got yesterday, basically saying what I already suspected: background check hasn't cleared yet. So I think it's fair to say we are officially stuck in the Black Hole. At least my wife and I are together but not knowing when they will finish the background checks (and the greencard process) can be trying at times. From reading the 2007 Ombudsman report, the namecheck situation is worsening. The total number of cases pending with the FBI has risen from 236,000 last year to 329,000 this year. The number of cases that have been pending with the FBI for over 33 months has increased by 40% compared to last year (over 31,000 cases total this year). They simply don't have the resources to handle the case load and the cases are at the bottom of their priority list. There is not much one can do; except maybe file a Writ of Mandamus but I read that that has been limited as well as more and more people resort to this. Is anyone else on Candle stuck in the I-485 namecheck black hole? What are some of your experiences?

My stepdaughter's receipt date on the I-485 was dated August 9, 2004, almost 3 years and no end in sight. Just last week I received a letter from the CIS acknowledging my inquiry of Feburary and yesterday I got the same kind of notice acknowledging my letter of inquiry dated May 21, 2007. Both are carbon copies of each other saying that the namecheck is still in process. After 3 years you'd think the namecheck would be done! I never worried much about her greencard because she was young at age 13. But now she is nearing 17 and doesn't have one piece of ID of any kind except a little school ID. It's funny that my wife got hers but it took 20 months and my stepdaughter is going on 3 years. They should realize that this young girl needs her ID in order to work. She's at that age but she isn't complaining,,,YET! I wonder what it will be like when she reaches 19 without any greencard or ID of any kind.

I was thinking. Since we are in AOS name check hell; should we file a petition and try to get a judge to grant status? Any thoughts? Merry Xmas.

Dear Honorable Congressman Herger, My fiancee - Dr. Olga V. of Russia (Case No. MOS 20023 XX XXX) - has been waiting for the past 7 months for an addition security checks to receive her K1 visa. I was promised that these security checks would require no more than 3 months. I would like to ask for help getting some information so I can better understand why the delays are occurring. 1. What is the name (or ID) of the law that requires additional security checks for citizens of Russia? 2. Is there one check or many checks? 3. What Department (or Departments and sub departments) perform these security checks? 4. What database(s) are searched during the name check process? 5. Who is the person or persons who have a ministerial duty to perform these security checks? 6. Who receives the reports about the security clearances? Any help on this matter would be greatly appreciated. I have the names of State Department Employees that may know the answer. Unfortunately, I do not have their phone numbers: Maura Harty, Fax: 202-647-0341 Attached is the letter I am preparing for a court order to order these people to do their job. Sincerely, Sean H. Worthington Here is my Writ of Mandamus: ORDER TO COMPLY OR BE SUED This letter respectfully shows: 1. We are America citizens who are men and are either married or engaged with woman who were born in what is now the Russian Federation. Our quality of lives, the lives of our children and future children have been greatly injured because of a few government employees who are failing to perform their duty. 2. John Doe is the Clerk of Security checks_ of the United States Department of *Something* and *Jane_Doe is ***Deputy Clerk of Security Checks** of the United States Department of *Something*. 3. Clerk *John Doe* has the ministerial duty of checking the backgrounds of immigrants from Russia. She must perform the background check and report any finding to the *DOS. If she is sick, on leave or vacation, or in any other way incapacitated, It is *Jane Does ministerial duty to perform these security checks and report to the *DOS. 4. We American Citizens married and engaged to Russian women demanded *Jane Doe and *John Doe perform these acts on *Date Demanded, by August 8, 2002; but notwithistanding the said demand, *Jane Doe and *John Doe* failed and continue to fail to perform these acts as required. They have not performed the required security checks and have not reported to the *DOS. Instead they seem to have done nothing. 5. There is a plain, speedy, and adequate remedy to this problem. *Jane Doe must perform a search in the *Security database for the names of our wives and fiances and report the findings to DOS. Wherefore, we pray that you, the *Federal Court, will Mandate *Jane Doe and *John Doe comply by April 25th, 2003, or show cause in public why they should not do so. Security checking from INS service centers IBIS and NIIS In May of 2002, the INS ordered name checks through the Interagency Border Inspection System (IBIS). This is a huge database that contains criminal information and immigration histories supplied by the INS, the FBI, the U.S. Customs Service and other federal agencies. Additionally, the INS requires all cases be run through the Nonimmigrant Information System (NIIS) and that the file must reflect evidence that these checks have occurred. All petitioners are now checked through these databases. Petition processing has slowed down significantly while the adjudiction officers in the service centers were waiting for access and training on IBIS. The processing continues to be slow while they await guidance from INS Headquarters on how to resolve cases in which a "hit" appears in IBIS. In the interim, thousands of applications are continuing to be received, and backlogs are growing. Imagin your name comes up on the "hit" list, yet you are completely innocent because the "hit" was on someone who had the same name. Your case then goes to investigation and that takes precious time with limited people and resources to do the investigation. Now suppose your name is John Anderson..... We at Apex have anticipated this and know how to prevent such delays from getting out of hand. In order to avoid further delays and to try to bring processing up to date, INS Headquarters is implementing software improvements. These enhancements should be available in October 2002 but will undergo testing before they can be fully implemented. Consider that each service center has their own particular problems with equipment, training and special processing. The Nebraska center, for example, has additional workload tasks such as I-765 processing that others don't. Such things will continue to cause delay time differences between them and other service centers until they get that particular problem worked out. As new INS employees are brought in and trained, and new computers are installed for more workstations, the IBIS checking and case processing should become more integrated and should improve steadily. Congress is fully aware of these problems. Rep. F. James Sensenbrenner Jr., R-Wis., said the backlog and computer problem is very widespread. He said, "This is another example of the dysfunctionality of the INS." "These (applicants) are legal aliens in this country who deserve to have a prompt ... response." Sensenbrenner, whose bill to abolish the INS and replace it with two Justice Department bureaus overwhelmingly passed the House. Now if we can just get Democrat Senator Thomas Daschle to stop playing politics by holding up this bill, we can get on with fixing the system.