3 interviews later.... HELP!!!

[ohhhtinalynn 1]

I am a US citizen. My husband is from Israel, and we have been married since January of 2010. In November of 2011 we filed our I-845 application and got a notice for an interview in Feb of 2012. We went to the interview, where we were only asked a few questions and then sent on our way. We didn't hear anything for months, then in August of 2012 they showed up to do a house inspection. All fine and dandy since we had been living together since 2009, but then all communication with immigration stopped. We waited almost 2 years and still had not heard anything from our lawyers nor from immigration, so we decided to get our local governor involved. After they contacted USCIS we were scheduled for a second interview in May of 2014. We went to the interview where they separated us and asked a bunch of different questions, mainly relating to events that happened almost 5 years ago, and mostly about our Israeli friends. This interview lasted almost two hours and still no outcome. We received ANOTHER interview notice for this past friday, July 2014. This interview was the same as before; they separated us and asked more questions, specifically about someone we had known at the beginning of our marriage and we are no longer friends with. This person had previously applied for a visa and was denied and deported, but we have not had contact with him in almost 4 years. She blatantly lied to us to try and get us to say something incriminating but it did not work. Then she started to ask about us having had anyone living in our home besides us. I had had a "friend" staying with us for a few weeks while she got on her feet, but we got into an argument over the fact that she accused my friend of raping her and then decided to move in with him two days after, obviously ending our friendship. It came to light during the interview that a "poison pen letter" had been sent to USCIS saying that I had been paid to enter the marriage. While this is false and was done with malicious intent, USCIS is now using it as their only reason for not approving or denying my husbands application. During the last interview she told my husband and lawyer that she would give us her decision, but then she called me back in to further discuss the person who wrote the letter and the reason we were no longer friends, as well as about the person who had been deported and our relationship with him. She then called in my husband, asked him the same questions, and escorted him out, no decision.

So, my questions are, can USCIS use this letter without any proof, and from a source that I and many other people consider not credible? How long is considered a "reasonable amount of time"? Is there any legal action I can take against this harassment? And is "guilty by association" a legal standpoint for them to deny the application?

Thanks

[Harpa Timsah 13,258]

How did you get your citizenship?

Who is the friend that was deported and what was s/he deported for? What is their relationship to you?

How did your husband come to the US, and what is the rest of his history in the country?

A bad letter isn't enough to deny, but if they do their own investigation and it corroborates the letter, then you can be denied.

Edited July 28, 2014 by Harpa Timsah

[Hypnos 6,576]

They will need better proof than a letter containing allegations to deny the case. That being said, since the letter was sent to them then they have an obligation to investigate, which they are doing. Provided the allegations in the letter are baseless, as you indicate, then there likely won't be a problem from that avenue.

If you want to pursue a scorched-earth strategy then you can file what is called a writ of mandamus, which (if granted by the court) would force USCIS to adjudicate the I-485 (note that they cannot be compelled to approved it). That would probably not be something you should consider until you see how the third interview goes.

There are too many "what ifs" and "maybes" in your post to make any meaningful recommendations. Ensure your lawyer is present at this third interview.

Edited July 28, 2014 by Hypnos

[ohhhtinalynn 1]

I am a us born citizen, and the person who was deported was a mutual friend of our other friends, not really a personal one. they were deported for not being approved for their application. My husband came on a temporary visa, and has for the last 4 years owned and operated his own locksmith and garage door repair company. He has never been in any trouble, and from what I gathered from the interviews is that they are more worried about this person who was deported than they are us. I don't understand how that has anything to do with our relationship, but that is what they've been focusing on.

As for the too many what ifs and maybes, i didn't use those words at all. I explained what happened, and asked straight forward questions. I have read about the mandamus and have consulted my lawyer about it but we are currently filing a letter with them against the "poison pen letter" clause. We just had our 3rd interview this past friday, and a lawyer was present but didn't say a word during or after.

I guess my real question is, is there anyway to stop this harrassment without having to do a mandamus, and has anyone else had a case where they've been to 3 interviews and not been approved or denied based on a false testimony?

Also, isn't there some sort of law against them "fishing for evidence"? It has been 3 years since we applied, 2 years since the inital interview and then 2 fraud interviews within 2 months of each other, no approval or denial.

Edited July 28, 2014 by ohhhtinalynn

[Harpa Timsah 13,258]

All visas are temporary, so that's not descriptive. What visa?

Generally not being approved does not lead to deportation, just denial, so there is more to that story too.

[ohhhtinalynn 1]

I'm not sure why he left then; maybe he wasn't deported but I do know he got denied and they have been focusing on how we know him more than asking questions about our relationship. Either way, we've told them multiple times we have no connection with him and haven't since 2009.

As for the visa, it was an employment based one

[Harpa Timsah 13,258]

I'm not sure why he left then; maybe he wasn't deported but I do know he got denied and they have been focusing on how we know him more than asking questions about our relationship. Either way, we've told them multiple times we have no connection with him and haven't since 2009.

As for the visa, it was an employment based one

There are no employment visas for starting a business, unless he invested a half a million to start a business and employed many US citizens. Did he do that with his locksmith business?

They are asking about the friend because they suspect your husband to be involved in an illegal working scheme. Was the friend applying to work at the locksmith business?

Edited July 28, 2014 by Harpa Timsah

[ohhhtinalynn 1]

Lol well I guess I am unsure as to the type of visa then, it may have been a simple visit visa. I do know it didn't expire until about a year ago, and he is legal to work here.

[Harpa Timsah 13,258]

Lol well I guess I am unsure as to the type of visa then, it may have been a simple visit visa. I do know it didn't expire until about a year ago, and he is legal to work here.

Nope, a visitor visa does not give the right to work. You had to fill out the type of visa on the I-485 paperwork, don't you recall what you put?

Edited July 28, 2014 by Harpa Timsah

[ohhhtinalynn 1]

He has had his employment card since we met, I will ask him when he comes back to the office what type he had in the first place. But does the type of visa really matter that much? It wasn't expired when we filed the application and he has renewed the work card every january.

[Harpa Timsah 13,258]

It matters because it makes no sense and I wonder if someone is lying to you, or if there is just a lot of confusion. These are all good questions to go over with your lawyer.

A person with AOS pending can get an employment document, but not before, so he can't have been renewing the same card he had when you met.

And you say you will talk to him when he comes back to the office. Do you work together?

Edited July 28, 2014 by Harpa Timsah

[Hypnos 6,576]

It seems that there is more to this; this could be the reason for USCIS' interest in your husband.

Beyond a writ of mandamus, there is no way to compel USCIS to make a decision; they operate on their own timeline. I started looking into a writ towards the end of my case, but then the DHS Ombudsman was able to effect the results I wanted.

Edited July 28, 2014 by Hypnos

[sweetswinks 400]

Could you ?

Thanks!

[ohhhtinalynn 1]

Yes we work together, I create the websites and do the marketing for the garage door company he owns. As for lying, there was a great deal of that coming from the IO trying to catch us saying something wrong, which we didn't.

Timeline: Met in July 2009.

Married Jan 2010. Which to some people seems like a short time, but we've been together for almost 5 years so that shouldn't be a problem.

Filed for I-845 Novemember 2011

Initial interview Feb 2012

House inspection Aug 2012

Second interview May 2014

Third Interview July 25th, 2014

no approval or denial

[ohhhtinalynn 1]

Nope, a visitor visa does not give the right to work. You had to fill out the type of visa on the I-485 paperwork, don't you recall what you put?

No, we filled out those forms 3 years ago, and I can barely remember what I ate yesterday lol. I asked him and it was a tourist visa. He did not work until he recieved his work permit. hope that helps.