Interview Experience AOS + Case held for review QUESTIONS please?

[KennMario 2]

Hello today we had the interview for AOS at 11 am

Outside the building there was a big line of people waiting to get in, it took us about 20 to 30 min to get in.

they check things you have with you and once inside we went to the floor and room indicated in the appointment letter notice,

Inside the room there were a few people waiting, we waited for around 40 minutes then we were called in

She made us swear we would tell only the truth, then we took seats,

she asked us for ID's , my husband brought his passport same as I did , then she asked if we didn't have any other ID's with us so we said no, and she didn't seem happy because of that.

then she asked us to give her birth certificates, ages and dates of birth, I was a little nervous I think she thought I was lying or something so she asked again in kinda a rude mood.

after she asked us our SSN, and proof about us, joint accounts, etc. we had my husband's job benefits where i appear as dependent and emergency contact,proof of address from bank accounts,a letter from our landlord stating since when we have been living there, our joint phone bills and some pictures that she returned most of them , thus making us even more nervous

after that she asked why I filled with a different last name, we explained that joined last names when married and she seemed surprised that we couldn't do that and it would be a risk because we did it also made us know it would most probably process with my old last name. now im confused.

At the end she asked us to go the waiting room again. we were so nervous, it took her about 30-40 minutes until she came back and told us our case is being HELD FOR REVIEW.

She gaves us a letter that says:

You have just completed your interview. USCIS is unable to complete your case at this time. Your case is being continued until a final decision can be made. Please see below for further explanation.

REASON FOR CONTINUANCE:

Your case is being held for review. At this time USCIS does not require any further information or documents from you. Should further information or documents be required, you will receive a notice in the mail. We may also schedule you for another interview, you will receive a notice in the mail. Otherwise, a final decision will be mailed once your case is complete.

------ she wrote on red: to obtain relating visa file ----

please wait for no less than 120 days before making a status inquiry in your case. You may also make an InfoPass appointment to discuss your case with an immigration officer ...

Im nervous about the decision, is this bad? i read that usually they get an answer right after the interview.

could this mean wen have been denied ?

[KayDeeCee 4,891]

Not everyone gets approved on the spot at the interview. Some are asked for extra documents first, and some need to be reviewed and approved by a supervisor first. Since it is being held for review, no telling how long until you get the actual approval. Hopefully it will be soon. Just keep checking your status for updates. Sometimes people are pleasantly surprised to get an approval relatively quickly.

I am confused about the name thing though. You are a same-sex couple? Was she saying that you cannot change your name through marriage if you have a SSM? Name change would be based on the laws of the state you married in.

~ Moved from AOS from Family Based main forum to Progress Reports sub-forum - topic is case status ~

Edited March 10, 2015 by KayDeeCee

[KennMario 2]

Not everyone gets approved on the spot at the interview. Some are asked for extra documents first, and some need to be reviewed and approved by a supervisor first. Since it is being held for review, no telling how long until you get the actual approval. Hopefully it will be soon. Just keep checking your status for updates. Sometimes people are pleasantly surprised to get an approval relatively quickly.

I am confused about the name thing though. You are a same-sex couple? Was she saying that you cannot change your name through name if you have a SSM? Name change would be based on the laws of the state you married in.

~ Moved from AOS from Family Based main forum to Progress Reports sub-forum - topic is case status ~

Thanks a lot for your answer

Yeah that was weird, hopefully it process quickly, yes we are a same-sex couple, so what did she mean with obtaining a visa file ? Im just hoping that was just to let us know it might not be a no or something?

[KayDeeCee 4,891]

Thanks a lot for your answer

Yeah that was weird, hopefully it process quickly, yes we are a same-sex couple, so what did she mean with obtaining a visa file ? Im just hoping that was just to let us know it might not be a no or something?

Not sure exactly what that meant. They should have had your A file there for the interview. Maybe they did not have your whole file or something and wanted it before giving the approval.

[amartins 11]

after that she asked why I filled with a different last name, we explained that joined last names when married and she seemed surprised that we couldn't do that and it would be a risk because we did it also made us know it would most probably process with my old last name.

I comfortably can call this woman a nincompoop if she has her position as an immigration officer in Los Angeles and never noticed the bottom of a California marriage certificate where either or both spouse can modify their name(s).

But setting that aside, did you file your AOS application with a different name than what you have now? As I understand the situation, your AOS (I-485, I-130, I-864 etc.) would all have been filed under your new, married name, as you would have submitted the entire packet after marrying and changing your name.

[KennMario 2]

I comfortably can call this woman a nincompoop if she has her position as an immigration officer in Los Angeles and never noticed the bottom of a California marriage certificate where either or both spouse can modify their name(s).

But setting that aside, did you file your AOS application with a different name than what you have now? As I understand the situation, your AOS (I-485, I-130, I-864 etc.) would all have been filed under your new, married name, as you would have submitted the entire packet after marrying and changing your name.

Yes I filled under my new name and she almost scolded me for that hahah.

[amartins 11]

Yes I filled under my new name and she almost scolded me for that hahah.

Then, in your position, I may have considered filing a complaint with her supervisor there. Obviously, I wasn't able to judge her response in person, and I don't know if filing complaints can harm your application in a roundabout way by pissing off the USCIS employees or perhaps help it along. I'm an instinctive complainer, however, and I certainly hope that I don't get this woman when we get our LA interview.

[menina 50]

Sometimes the file does not arrive in time for the interview. They probably are just waiting for it to arrive so that they can verify everything. Good luck!

[raven52 233]

Yeah, the officer might not have been ready for your interview, when she went to look.

Maybe things will go quickly for you, and get your approval sooner, than expected, just be patient!

[KennMario 2]

Not everyone gets approved on the spot at the interview. Some are asked for extra documents first, and some need to be reviewed and approved by a supervisor first. Since it is being held for review, no telling how long until you get the actual approval. Hopefully it will be soon. Just keep checking your status for updates. Sometimes people are pleasantly surprised to get an approval relatively quickly.

I am confused about the name thing though. You are a same-sex couple? Was she saying that you cannot change your name through marriage if you have a SSM? Name change would be based on the laws of the state you married in.

~ Moved from AOS from Family Based main forum to Progress Reports sub-forum - topic is case status ~

Just checked the status online

On March 9, 2015, we updated your name for your Form I-485, Application to Register Permanent Residence or to Adjust Status,

so she changed my name again? I might receive the greencard with my non married name? what should I do ? just wait for it to process then change name on a court and change greencard?

IM SO CONFUSED

[amartins 11]

I would definitely telephone first to find out what name you're under now.

Just checked the status online

On March 9, 2015, we updated your name for your Form I-485, Application to Register Permanent Residence or to Adjust Status,

so she changed my name again? I might receive the greencard with my non married name? what should I do ? just wait for it to process then change name on a court and change greencard?

IM SO CONFUSED

[KayDeeCee 4,891]

Just checked the status online

On March 9, 2015, we updated your name for your Form I-485, Application to Register Permanent Residence or to Adjust Status,

so she changed my name again? I might receive the greencard with my non married name? what should I do ? just wait for it to process then change name on a court and change greencard?

IM SO CONFUSED

Looks like they may have changed your name back and are trying to say you cannot change your name through marriage.

If that is the case, you have some options. You could contact the county clerk where you obtained the license and ask them about same-sex name change through marriage in CA. If you get documented proof that the law allows you the same rights to name change as anyone else that marries, then you could possibly file an I-90 and state USCIS error when asking them to change the name on your green card to your married, the name you applied in. No fee if it was USCIS error.

If that route won't work, you would need to get the court ordered name change. You could pay the I-90 fee to change your name by providing a copy of the name change court order. OR, since you would have to file for ROC within 90 days before your conditional green card would expire, you could continue to use your name before marriage for a bit, then get the court ordered name change not long before you would file for ROC. Change all your documentation, IDs and accounts, and apply for ROC in your married name, providing the court ordered name change as proof.

This CA.gov site states it is possible to be asked to get the court ordered name change. I think that is #######, and you should be able to change it like anyone else that marries, but you do what you need to do while continuing to fight for equal rights. http://www.courts.ca.gov/1051.htm

[amartins 11]

If that is the case, you have some options. You could contact the county clerk where you obtained the license and ask them about same-sex name change through marriage in CA. If you get documented proof that the law allows you the same rights to name change as anyone else that marries, then you could possibly file an I-90 and state USCIS error when asking them to change the name on your green card to your married, the name you applied in. No fee if it was USCIS error.

No need! Here's the statute that permits either or both parties to change their names: Name Equality Act of 2007 (AB 102, Chapter 567, Statutes of 2007), as summarised by the California Department of Public Health. Basically, besides streamlining and clarifying the existing law, it made it gender-neutral in its phrasing. This has been in force since 2009. I really don't think that you're going to have to go further than a supervisor if some nitwit changed your name. I would recommend first telephoning just to find out what name they've got you in now, and then make an Infopass, bring your marriage license and a copy of the statute, and tell them that your name was changed erroneously. However, since the license itself states quite clearly that your name has been changed by virtue of the marriage and the Name Equality Act, I really don't know what was wrong with that USCIS employee.

[KayDeeCee 4,891]

No need! Here's the statute that permits either or both parties to change their names: Name Equality Act of 2007 (AB 102, Chapter 567, Statutes of 2007), as summarised by the California Department of Public Health. Basically, besides streamlining and clarifying the existing law, it made it gender-neutral in its phrasing. This has been in force since 2009. I really don't think that you're going to have to go further than a supervisor if some nitwit changed your name. I would recommend first telephoning just to find out what name they've got you in now, and then make an Infopass, bring your marriage license and a copy of the statute, and tell them that your name was changed erroneously. However, since the license itself states quite clearly that your name has been changed by virtue of the marriage and the Name Equality Act, I really don't know what was wrong with that USCIS employee.

Good! Then they should use documentation of the laws in CA to fight the name change thing.

OP> Make an infopass appointment and take in your marriage certificate and print outs of the CA laws that state you can change your name through marriage. Ask them why you would not be allowed to change yours for your green card. Ask how you can speak to a supervisor about it, if they try to give you grief. You could also contact your congressperson about the situation, as well as the Ombudsman. Let them know your situation and that you have the right to take your spouse's name through marriage.

[KennMario 2]

Good! Then they should use documentation of the laws in CA to fight the name change thing.

OP> Make an infopass appointment and take in your marriage certificate and print outs of the CA laws that state you can change your name through marriage. Ask them why you would not be allowed to change yours for your green card. Ask how you can speak to a supervisor about it, if they try to give you grief. You could also contact your congressperson about the situation, as well as the Ombudsman. Let them know your situation and that you have the right to take your spouse's name through marriage.

Just called USCIS about my case , they told me I had to go to court for name change because we convinced names , I guess I will just have the green card processed and then go to court to change names then change the greencard