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I485 pending after interview since june 2017

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  • I485 pending after interview since june 2017

    Hi everyone ,
    I have been a silent reader for this forum for almost 2 years so decided to sign up and share my experience and may be get some help , so i came to US on B1 B2 visa ,and filed an asylum , i was in removal proceedings, then later on got married to US citizen , and withdrew the asylum case after my i-130 was approved without an interview and then filed the AOS application,
    PD: Aug-8-2016
    Interview date : june-16-2017
    Went to interview with my wife in fedral plaza officer was really nice young lady didnt ask me anything just asked my wife where i was born n that was it took a lots of evidence since we were married for more than 2 years by the interview time we had alot of stuff we are from same city same country same language same age , interview was pretty short only lasts for 5 min then she asked me yes no questions and that was it she handed us paper saying held for review for 120 days , but by the end of interview she said expect something in the mail soon but ever since then never heard anything from them and online status still says interview schedule 256 days since last status changed this is a nerve wrecking wait plz advice did online service request security background check pendings

  • #2
    Tricky case

    I think you need to get a lawyer or if you can't do that them then just make a consultation to a lawyer. You were in removal proceedings then file for aos. Only the immigration judge has the jurisdiction to approve your case, not uscis immigration officer. The first mistake you made was withdrawing your asylum case because that will make them think the asylum is frivolous. Trust me they won't approve your case without first requesting your asylum file and look at it to see whether it is frivolous or not. It's not about your marriage, your marriage can be real but the problem is with the asylum.

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    • #3
      Originally posted by mathew gomez View Post
      I think you need to get a lawyer or if you can't do that them then just make a consultation to a lawyer. You were in removal proceedings then file for aos. Only the immigration judge has the jurisdiction to approve your case, not uscis immigration officer. The first mistake you made was withdrawing your asylum case because that will make them think the asylum is frivolous. Trust me they won't approve your case without first requesting your asylum file and look at it to see whether it is frivolous or not. It's not about your marriage, your marriage can be real but the problem is with the asylum.
      Hi mathew
      First of all thank u for ur reply i do have a lawyer in new york and my field office is also new york city my lawyer first file the i-130 and it was approved after 6 months without an interview and my removal proceedings were terminated then my lawyer filed a motion asking them to close my asylum in order to file to adjustment of status on marriage based and i went to immigration judge he and recived the copy of motion saying that my asylum has been closed and he have no jurisdiction over my case now and i can go ahead and file the 485 with the uscis , my asylum was also genuine as i used to work for us military in iraq and afghanistan , but thot this would be faster and i am also about to be daddy , but the thing is when i did the service request they told me that my security background checks are pending they didn’t tell me anything about asylum even in my interview the officer didnt ask me anything about the asylum case but i think she had my asylum file at the time of the interview

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      • #4
        Background check can take time

        OK I understand now. Am sorry for what you are going through and I can feel your pain. I think there is nothing wrong with your case and they believe your marriage is real. Probably the only thing holding your case is the background check since you had some military skills and from a major Muslim country, your background check might take a awhile especially with the new administration. Sometimes what delay background check is what is call name match. Your name might be similar to somebody in there list and they have to check to make sure it's not you. You have to make calls and info pass and also when your baby is born you can send the birth certificate to them as more prove. It proves that you have really developed a family here.

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        • #5
          Originally posted by mathew gomez View Post
          I think you need to get a lawyer or if you can't do that them then just make a consultation to a lawyer. You were in removal proceedings then file for aos. Only the immigration judge has the jurisdiction to approve your case, not uscis immigration officer. The first mistake you made was withdrawing your asylum case because that will make them think the asylum is frivolous. Trust me they won't approve your case without first requesting your asylum file and look at it to see whether it is frivolous or not. It's not about your marriage, your marriage can be real but the problem is with the asylum.
          Originally posted by mathew gomez View Post
          OK I understand now. Am sorry for what you are going through and I can feel your pain. I think there is nothing wrong with your case and they believe your marriage is real. Probably the only thing holding your case is the background check since you had some military skills and from a major Muslim country, your background check might take a awhile especially with the new administration. Sometimes what delay background check is what is call name match. Your name might be similar to somebody in there list and they have to check to make sure it's not you. You have to make calls and info pass and also when your baby is born you can send the birth certificate to them as more prove. It proves that you have really developed a family here.
          Thank you for replying again and your advice yea i think this is the problem that might be taking forever but hopefully i will get the good news soon will keep you posted i am going to make an info pass tonight this will be my first info pass ever since my interview and i thank you again for your advice God bless you

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          • #6
            Stikl waiting

            Still waiting for an update i have made an info pass for thursday at 7 am hoping for the best thanks

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