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FBI namecheck delays and Writ of Mandamus Delays in FBI namecheck during 485 processing and legal options of filing Writ of Mandamus in court to get namecheck cleared.

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  #1 (permalink)  
Old 08-14-2008, 08:35 PM
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intheyan is on a distinguished road
Default Husband got I-485 approved mine is pending

My husband I-485 got approved saying notice mailed to new permanent resident. But still my is pending still stuck in the Name Check clearence. Me and my husband applied I-485 on one package. my husband is the primay applicant and I am the dependent. Is'nt it wired that one gets approved while the dependent case is stuck in name check. Is it some thing to worry? Will I get a RFE. Will that affect my husband GC too....
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  #2 (permalink)  
Old 08-14-2008, 08:38 PM
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Took an info pass and the officer told mine is stuck in name check. My name check is initiated for name check on mid of October 2007 . I can wait for GC. All I am worried is that because of me my husband's GC should not be denied.
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  #3 (permalink)  
Old 08-14-2008, 08:48 PM
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Default

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Originally Posted by intheyan View Post
Took an info pass and the officer told mine is stuck in name check. My name check is initiated for name check on mid of October 2007 . I can wait for GC. All I am worried is that because of me my husband's GC should not be denied.
You said husband's is approved- it cannot be denied. Wait for a while and you will see your approval too if there is nothing really adverse, NC beyond 180 days is no more a issue
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  #4 (permalink)  
Old 08-14-2008, 08:50 PM
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Thanks Sheela for your response.
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  #5 (permalink)  
Old 08-14-2008, 09:22 PM
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Quote:
Originally Posted by intheyan View Post
My husband I-485 got approved saying notice mailed to new permanent resident. But still my is pending still stuck in the Name Check clearence. Me and my husband applied I-485 on one package. my husband is the primay applicant and I am the dependent. Is'nt it wired that one gets approved while the dependent case is stuck in name check. Is it some thing to worry? Will I get a RFE. Will that affect my husband GC too....
Hi intheyan,

Your name check has nothing to do with your husband's name chack. It is good that USCIS gave GC to your husband.

Your husband's name check might have got cleared quickly. USCIS new rule is that if name check is pending over 180 days, they will proceed with giving GC. So you should wait and see.

Don't expect RFE because of name check. It only takes time - and now-a-days up to 180 days.

Good Luck
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  #6 (permalink)  
Old 08-14-2008, 10:28 PM
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Default Don't worry...

I am in the same boat as you, our's might be approved by end of Sept.
Quote:
Originally Posted by intheyan View Post
Took an info pass and the officer told mine is stuck in name check. My name check is initiated for name check on mid of October 2007 . I can wait for GC. All I am worried is that because of me my husband's GC should not be denied.
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  #7 (permalink)  
Old 08-15-2008, 12:12 AM
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Angry

Quote:
Originally Posted by mita View Post
I am in the same boat as you, our's might be approved by end of Sept.
My GC was approved last year... Its been almost a year and my wifes application is still pending! 2003 PD... She has been current for months now and nothing has happened... We took and infopass and the officer said its stuck in name check, but now with the 180 days rule he said it should get approved anytime and that we should have patience... This was 3 months back! Still nothing...
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  #8 (permalink)  
Old 08-15-2008, 12:15 AM
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mita is a name known to all mita is a name known to all mita is a name known to all mita is a name known to all mita is a name known to all mita is a name known to all
Default Thanks for the info!!!

I had called USCIS and my NC is cleared but the problem is the processing time, they are still in July 16th 2007 and our RD is Aug. 6th 2007. I am hoping that they catch up and move dates same as NSC.
Quote:
Originally Posted by mrane1 View Post
My GC was approved last year... Its been almost a year and my wifes application is still pending! 2003 PD... She has been current for months now and nothing has happened... We took and infopass and the officer said its stuck in name check, but now with the 180 days rule he said it should get approved anytime and that we should have patience... This was 3 months back! Still nothing...
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  #9 (permalink)  
Old 08-15-2008, 12:23 AM
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Default

We are also in the same boat. Mine (primary) got approved and welcome mail sent, however my spouse's status is not changed, not even a LUD.

I have called USCIS and talked to the nice lady and she escalated this case to the supervisor.
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  #10 (permalink)  
Old 08-15-2008, 12:23 AM
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Default Goodluck, hope you get it soon

Quote:
Originally Posted by intheyan View Post
Thanks Sheela for your response.
Goodluck. Your husband's GC is safe. You will also get it in time. Don't worry.

Take infopass, etc. every couple of months or so. Not to scare you, but one of my closest friend's GC was approved 3 years ago. His wife's is still pending in name check. But now with the 180 day rule you should be ok. I am not sure though if USCIS is following the 180 day rule.

But dont worry, you will get it. Celebrate your husband's GC for now!!
__________________
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Disclaimer: I am not a lawyer. The views and opinions expressed here are my own. Please consult an immigration attorney for expert professional advice.
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  #11 (permalink)  
Old 08-15-2008, 01:57 AM
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I should thank everyone who replied to my post. All your replies are giving me some hope here. Thanks for all your support.
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  #12 (permalink)  
Old 08-15-2008, 12:21 PM
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Quote:
Originally Posted by mrane1 View Post
My GC was approved last year... Its been almost a year and my wifes application is still pending! 2003 PD... She has been current for months now and nothing has happened... We took and infopass and the officer said its stuck in name check, but now with the 180 days rule he said it should get approved anytime and that we should have patience... This was 3 months back! Still nothing...
Sue USCIS and you will get GC within 2-3 months of filing a case.
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  #13 (permalink)  
Old 08-15-2008, 12:23 PM
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Quote:
Originally Posted by intheyan View Post
I should thank everyone who replied to my post. All your replies are giving me some hope here. Thanks for all your support.
Check this thread for basic name check info.
http://immigrationvoice.org/forum/sh...ad.php?t=11087 (Reference Only Thread: Name Check Basic Info Documents)
Your husband's GC is not in danger.
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  #14 (permalink)  
Old 08-18-2008, 01:25 AM
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Just bumping the thread. Would like to know, if anyone else also in the same situation. I have not yet received any LUD on my spouse's case.
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  #15 (permalink)  
Old 08-18-2008, 11:43 AM
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Quote:
Originally Posted by GCWhru View Post
Just bumping the thread. Would like to know, if anyone else also in the same situation. I have not yet received any LUD on my spouse's case.
Same situation here. I was approved on 9/5/2007, almost one year ago and my husband nothing.
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