Separated at interview?

[ljroul 14]

My husband and I have our AOS interview next week, I previously felt very secure and prepared for it, thanks to all the help I've gotten from this site. Today our lawyer had a conversation with my husband to prepare for the interview and she said things that are making me panic. First she said he would be asked about his entry into the US. He came by car from Canada and was stopped and searched, she said that Trump has passed some directive cracking down on drugs?? This is the first I have heard of it. Also she said we may be separated and interviewed one at a time. This seems crazy to me, I was under the impression that the stokes interview was the only one done separately and that was if the officer has concerns after the first interview. We have been happily married for 1.5 years and have been living together for 10 months, and we have no red flags. I was also under the impression that the AOS interview is about the marriage and not the POE.

 

 Is my lawyer crazy, or is this an actual thing I need to be concerned about?

[Lexus 2008 1]

Ok.whatever they will ask you and spouse tell only truth.if they catch you whit lie forget about papers .prepare papers whatever you are can. If they ask him about border only truth.if they have his fingerprints they know so if they ask him about something only truth . Learn together about everything what are you share together,house,car,work,.

 

[geowrian 22,335]

Yes, you can be separated and interviewed separately. It probably won't happen, but it can. It's better to be prepared than sorry. AOS is about a number of things, and asking about POE is on the table (as is almost anything). Both he and you just need to be honest and there shouldn't be an issue.

 

In all likelihood it will be a straightforward interview just like most interviews.

[Scandi 3,970]

I don't understand your concern about POE? Your husband came by car, he was stopped and Trump is cracking down on drugs.. what..? Your husband came to the US border with drugs in his car and that's why it's a concern, or what do you mean?

 

And yes, you can be interviewed separately. It's a great way for immigrations to see if you have the same story, to see if it's a bonafide relationship. The chance of that happening is pretty small though.

[A'n'L 735]

Did they find drugs in his possession? Is that why you have a lawyer?

 

A Stokes interview is highly unlikely, unless you also have relationship red flags?

[randomstairs 265]

So what if he was searched at POE? Anyone entering legally is inspected. Some travelers are searched more than others. What's the problem?

[nightingalejules 678]

As previous people have said, there is a possibility that your AOS interview will become a Stokes interview. (Where they interview you separately and ask A LOT of questions.) It is also possible that since you seem to have taken an unorthodox route to your CR1 green card (AOS as opposed to a traditional CR1 application) they may have some questions about his entry to the US (and whether he entered with "immigrant intent" even though he entered as a tourist)...

 

Honestly, they can ask pretty much whatever they want. The best you can do is answer honestly - (of course if there are drug related questions the correct answer is "no- never" (even if you live in a state where marijuana is legal, this is a federal process and the federal laws apply)). 

Make sure that you confer with each other on every detail you can think of to make sure you both remember everything the same way.

 

This is TOTALLY a guess, but it could be that your lawyer thinks you're not taking this interview seriously enough and is trying to scare you a little. Be honest and straightforward and know that since you are a real, happily married couple, you will probably be approved. 

 

Good luck!

[geowrian 22,335]

13 minutes ago, nightingalejules said:

It is also possible that since you seem to have taken an unorthodox route to your CR1 green card (AOS as opposed to a traditional CR1 application) they may have some questions about his entry to the US (and whether he entered with "immigrant intent" even though he entered as a tourist)...

I'm not sure if they can still ask bout immigrant intent at entry, but they cannot hold that against him. That aspect is settled law. Intent is determined at POE.

 

13 minutes ago, nightingalejules said:

Honestly, they can ask pretty much whatever they want. The best you can do is answer honestly - (of course if there are drug related questions the correct answer is "no- never" (even if you live in a state where marijuana is legal, this is a federal process and the federal laws apply)). 

Make sure that you confer with each other on every detail you can think of to make sure you both remember everything the same way.

The correct answer is always the honest one...nothing else. An answer of "no - never" when the real answer is yes is immigration fraud, which has significant consequences and can come back to haunt you at any time later in the process.

[nightingalejules 678]

You're right. Be honest. They usually don't ask about marijuana use, actually, since if the prospective immigrant answers yes, they must deny the application.

 

They can ask about immigrant intent. It's not supposed to influence their decision, for the reason you stated. Immigrant intent is determined at POE. But they can ask.

Edited May 11, 2017 by nightingalejules

[geowrian 22,335]

Just now, nightingalejules said:

Sure. Except if you answer yes you will be denied.

1. Condoning or providing advice to commit immigration fraud is not permitted on VJ. Lying about drug use is immigration fraud.
2. Better a 1 year bar w/ waiver option while in the US than a permanent bar for fraud with a much less likely chance for a waiver to be approved.

[nightingalejules 678]

Just now, geowrian said:

1. Condoning or providing advice to commit immigration fraud is not permitted on VJ. Lying about drug use is immigration fraud.
2. Better a 1 year bar w/ waiver option while in the US than a permanent bar for fraud with a much less likely chance for a waiver to be approved.

Yes, as you see, I felt that I'd been flippant and edited my post. Sorry.

[Unidentified 2,930]

4 hours ago, nightingalejules said:

As previous people have said, there is a possibility that your AOS interview will become a Stokes interview. (Where they interview you separately and ask A LOT of questions.) It is also possible that since you seem to have taken an unorthodox route to your CR1 green card (AOS as opposed to a traditional CR1 application) they may have some questions about his entry to the US (and whether he entered with "immigrant intent" even though he entered as a tourist)...

 

Honestly, they can ask pretty much whatever they want. The best you can do is answer honestly - (of course if there are drug related questions the correct answer is "no- never" (even if you live in a state where marijuana is legal, this is a federal process and the federal laws apply)). 

Make sure that you confer with each other on every detail you can think of to make sure you both remember everything the same way.

 

This is TOTALLY a guess, but it could be that your lawyer thinks you're not taking this interview seriously enough and is trying to scare you a little. Be honest and straightforward and know that since you are a real, happily married couple, you will probably be approved. 

 

Good luck!

If a drug related question comes up the truth is the only correct answer. 

[Unidentified 2,930]

8 hours ago, ljroul said:

My husband and I have our AOS interview next week, I previously felt very secure and prepared for it, thanks to all the help I've gotten from this site. Today our lawyer had a conversation with my husband to prepare for the interview and she said things that are making me panic. First she said he would be asked about his entry into the US. He came by car from Canada and was stopped and searched, she said that Trump has passed some directive cracking down on drugs?? This is the first I have heard of it. Also she said we may be separated and interviewed one at a time. This seems crazy to me, I was under the impression that the stokes interview was the only one done separately and that was if the officer has concerns after the first interview. We have been happily married for 1.5 years and have been living together for 10 months, and we have no red flags. I was also under the impression that the AOS interview is about the marriage and not the POE.

 

 Is my lawyer crazy, or is this an actual thing I need to be concerned about?

So out of just curiousity... Why are you so worried about what Trump has decided way way after your husband entered the country? He can't retroactively go after your husband for drugs. And since he is in the country I don't think they caught him with drugs so he either didn't have any, making this whole Trump comment irrelevant, or he was lucky and never got searched. 

 

Just be honest at the interview. 

[Penguin_ie 5,985]

***** VJ does not condone, advice on, or support illigal immigration activity, and that includes discussion of lying to immigration officials.  This discussion stops here. *****

[ljroul 14]

Thanks for the information, we both will be entirely honest. My lawyer made the Trump comment - I had never heard of or thought about it before. I am not sure what she was going for with that. Of course everyone is searched at the border, I just didn't think POE would be a big issue. If they ask about it, we just tell the truth and it shouldn't be a problem.

Edited May 11, 2017 by ljroul