Jump to content

22 posts in this topic

Recommended Posts

I am F-1 and We applied for AOS in July. On Nov 25, we had our AOS interview.

We were interviewed separately. My petitioner was interviewed first. Then me. THe Adjudicating officer also asked both of us to swear an oath. We also signed an attorney waiver. The officer compared our answers and said that there were discrepancies in our answers. He confronted my petitioner with the discrepancies. He didn't confront me. He took my I-94 and printed out a letter that said my case will be reviewed and a decision will be made in 180 days. The officer was irritated and not too happy. Now I don't have my I-94.

Questions asked at interview:

what date was the marriage proposal? Where does beneficiary work? What was the address of beneficiary's parents? Where does beneficiary work? What is the work address of beneficiary? I answered as truthfully as I could. When I didn't know the answer, I told the truth, that I didn't know.

I married my USC spouse last year after 6 months of dating. At that time, we really loved each other. My f-1 visa will not expire until next year. Unfortunately, after we petitioned, the marriage became rocky. I was working a job that didn't pay enough to support us both, and had problems paying the bill. My wife had to pick up the slack. We had major disagreements. We drifted.

I know the results will be a denial of my AOS and as I understand it, removal proceedings will begin. I have questions:

Should I go back to my country before removal proceedings begin?

How can I go back without my I-94?

Will I face the 10 year ban if I go now?

Thanks and have a nice day.

12/17/08.........Married

7/28/08..........I130, I485, I765 Receipt Date

7/31/08.......... I130, I485, I765 Notice Date

8/20/08.......... Biometrics for EAD and 485

11/25/08.........AOS Interview in Tampa, FL

1/12/09...........USCIS mailed Notice of Intent to Deny. Evidence: Conflicting statements made by USC spouse at the interview to proof to officer that the marriage was bona fide.

March 2009......Received Denial Notice of I-130 and 485.

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline

If I am not mistaken, if the final decision is made that results in a denial, you will receive a notice with a date that you must depart by... It is like 30 days from date of final decision.

YMMV

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Japan
Timeline

So you married your spouse but you do not have enough financial support? I am confused. Your spouse answered differently?

06/19/2008 POE at LAX with K1 visa

06/28/2008 Married my husband

07/03/2008 Update my social security card

07/19/2008 AOS, EAD, AP mailed to Chicago lock box

07/21/2008 AOS, EAD, AP were received

07/28/2008 NOA1 for AOS, EAD, AP

08/04/2008 Biometric appointment letter arrived

08/15/2008 Biometric at Santa Ana office

10/21/2008 No update since biometric- contacted a local congressman, the ombudsman

10/22/2008 Was able to do service request

10/23/2008 EAD was approved

10/24/2008 AOS interview letter arrived

11/26/2008 Renew my State ID

12/10/2008 AOS interview approved right away

Link to comment
Share on other sites

So you married your spouse but you do not have enough financial support? I am confused. Your spouse answered differently?

The document evidence was all there and complete. The main problem was the inconsistencies in our answers. I'm guessing that the officer was irritated by that, which was why he didn't give an answer.

12/17/08.........Married

7/28/08..........I130, I485, I765 Receipt Date

7/31/08.......... I130, I485, I765 Notice Date

8/20/08.......... Biometrics for EAD and 485

11/25/08.........AOS Interview in Tampa, FL

1/12/09...........USCIS mailed Notice of Intent to Deny. Evidence: Conflicting statements made by USC spouse at the interview to proof to officer that the marriage was bona fide.

March 2009......Received Denial Notice of I-130 and 485.

Link to comment
Share on other sites

"We had major disagreements. We drifted."

Sounds like the IO had reason to deny you.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Link to comment
Share on other sites

"We had major disagreements. We drifted."

Sounds like the IO had reason to deny you.

i was thinking abt this too..

i was confused by this post til ive read that from OP..

i mean if u think "u drifted", then somewhere, somehow IO would think it is not a solid marriage..

documents arent enough..

as what uve said there are inconsistencies in your anwers..

inconsistencies = doubt.. IMO..

"i don't know much about love but i know that i love him.."

Link to comment
Share on other sites

Filed: AOS (apr) Country: Canada
Timeline
If I am not mistaken, if the final decision is made that results in a denial, you will receive a notice with a date that you must depart by... It is like 30 days from date of final decision.

Actually you will receive a Notice to Appear (NTA) with the charges against you. Then Immigration Court (EOIR) will contact you with a Master Calendar Hearing where you'll be asked on how you plead to those charges. Then you'll be scheduled for an individual hearing where the ICE attorney will work on deporting you. You can also apply for AOS while you're in EOIR. This is actually for the better IF you have a good case because the judge can rule and grant you LPR on the spot.

So, the first thing to do is to make sure your marriage is what it is supposed to be. You can appeal the interview denial, but that is risky if you're not in a strong marriage. Nextly, USCIS might order you for a second interview for marriage fraud. This is very serious!! If you're found guilty, you'll be permanently baned from the U.S. Please, please understan this is the ONE rule that cannot be overruled in any court. However it seems like you already had a fraud interview. AOS interviews normally happen with the couple in the same room whereas the Fraud Interview is like the one you had. So, if you're given an NTA and you know you're marriage won't make it, you have the option to voluntarily leave the U.S. You 'll mkae that concession in EOIR. There are other options such as Asylum or if you're in an abusive relationship (which I pray you're not). All in all, you NEED to contact a good attorney. If money is tight, go to the EOIR website and get the list of Pro Bono Attorneys and Associations who can and will represent you in EOIR. Don't wait! I'm not talkin out fo the side of my neck. I have been through the process and personally got the judge to terminate my removal proceedings.

Good luck. We will all pray and/or wish you the best of luck.

CIS Office : Texas Service Center

Date Filed : 2008-09-13

NOA Date : 2008-09-15

Removal Proceedings Terminated: 2008-09-19

Touched: 2008-09-23

Touched: 2008-10-20

Touched: 2008-11-26

Touched: 2008-11-28

RFE(s) : 2008-12-31

AP: 2008-11-07

EAD: 2009-1-21

Bio. Appt. : 2008-11-26

AOS Transfer** :

Interview Date : 2009-08-25

Approval / Denial Date : 2009-08-25

Approved : yes

Got I551 Stamp : Yes

Greencard Received:

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Mexico
Timeline
I am F-1 and We applied for AOS in July. On Nov 25, we had our AOS interview.

We were interviewed separately. My petitioner was interviewed first. Then me. THe Adjudicating officer also asked both of us to swear an oath. We also signed an attorney waiver. The officer compared our answers and said that there were discrepancies in our answers. He confronted my petitioner with the discrepancies. He didn't confront me. He took my I-94 and printed out a letter that said my case will be reviewed and a decision will be made in 180 days. The officer was irritated and not too happy. Now I don't have my I-94.

Questions asked at interview:

what date was the marriage proposal? Where does beneficiary work? What was the address of beneficiary's parents? Where does beneficiary work? What is the work address of beneficiary? I answered as truthfully as I could. When I didn't know the answer, I told the truth, that I didn't know.

I married my USC spouse last year after 6 months of dating. At that time, we really loved each other. My f-1 visa will not expire until next year. Unfortunately, after we petitioned, the marriage became rocky. I was working a job that didn't pay enough to support us both, and had problems paying the bill. My wife had to pick up the slack. We had major disagreements. We drifted.

I know the results will be a denial of my AOS and as I understand it, removal proceedings will begin. I have questions:

Should I go back to my country before removal proceedings begin?

How can I go back without my I-94?

Will I face the 10 year ban if I go now?

Thanks and have a nice day.

Why so negative!!?

He didn't say that your interview failed... maybe they just need to investigate a little bit more...

You even stated that he took your I-94.. which it means that there's no resolution yet...

Your comments make this seem like you really wish your AOS to be denied...

Careless on my opinion...

Love timeline!

08-11-06.........Met my love at my friend's party... got my eyes on her :)

10-20-06.........I finally make you mine!!

01-16-08.........Civil Wedding!! .. :))!! Officially married

AOS

11-07-08 ....... Sent AOS package to Chicago

11-11-08.........Packet delivered Yay!! (day 1)

11-20-08.........Money order's cashed!! (day 9)

11-26-08.........NOA'S in the mail dated for the 18th of November (day 15)

12-09-08.........Biometrics done! (day 28)

12-10-08.........I-765, I-485 touched! (day 29)

01-15-08.........EAD card production ordered! AP notice approval sent ! (day 65)

02-24-09.........Interview @ 12:00 pm !! (day 105)

9377.gif

Link to comment
Share on other sites

Filed: AOS (apr) Country: Zambia
Timeline

Reading between the lines, it seems that you prefer to return to your home country and would rather not wait the 180 days to learn the outcome of your case. If that's your preference, you're free to go home any time now. The I-94 is not involved.

The question of a divorce is a separate matter and must be discussed between the two of you. Filing before you return home will be beneficial. Good luck!

Or, if you prefer to stay in the marriage then you are legally in the U.S. until the AOS is settled. Maybe the interviewer was having a bad day. Whether the interviewer was unhappy or not has nothing to do with the USCIS decision. If he was doubtful that you have a valid marriage, then he would have asked more questions about what you two are doing together.

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Morocco
Timeline

hey.. i had the exact same situation.. did you have the interview in tampa? if so, was it a guy name MAYER? he was an ####### to us.. i still have no response.. he asked for more evidence.. we sent him more evidence and nothing yet.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline

Are you the petitioner or the beneficiary?

Also, did you not know the answers to the questions the IO asked. Or you just said you did not know to all of those questions.

ROC Filing date : 10-20-2010

NOA date for I-751 : 10-21-2010

I-751 Biometrics Appt Date: 12-01-2010

I-751 Approval : 02-08-2011

Green Card Received Date : 02-15-2011

AOS Filing date : 06-12-2008

NOA date for I-485 : 06-19-2008

I-485 Biometrics Appt Date : 07-17-2008

Interview Date : 12-05-2008

Approval Date : 12-05-2008

Green Card Received Date : 12-17-2008

EAD Filed Date : 06-12-2008

EAD NOA Date : 06-29-2008

EAD Biometrics Appointment Date : 07-17-2008

EAD Approved Date : 08-18-2008

EAD Card Received : 08-29-2008

AP Filed Date : 07-31-2008

AP NOA Date : 08-04-2008

AP Approved Date : 09-16-2008

AP Date Received : 09-22-2008

K1 I-129F Sent : 08-22-2007

I-129F NOA1 : 10-03-2007

Touch (RFE Trick) : 02-01-2008

I-129F NOA2 : 02-01-2008

Touch : 02-03-2008

NVC Received : 02-11-2008

NVC Left : 02-19-2008

Consulate Received : 02-25-2008

Interview Date : 04-22-2008

Visa Received : 04-26-2008

US Entry : 05-02-2008

Marriage : 05-16-2008

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ghana
Timeline

If the officer said to wait 180 days for a decision then I would wait to see what happens. I think you aare being negative too immaturely.

On the other hand, maybe you are not happy here and need a reason to go home.

Mama to 2 beautiful boys (August 2011 and January 2015)

Click for full timeline

Link to comment
Share on other sites

Filed: Timeline
Questions asked at interview:

what date was the marriage proposal? Where does beneficiary work? What was the address of beneficiary's parents? Where does beneficiary work? What is the work address of beneficiary? I answered as truthfully as I could. When I didn't know the answer, I told the truth, that I didn't know.

Why would you not know your own parents address, or your own work address? I am confused, maybe you were too and that is why the interview was not successful. You do realise that you are the beneficiary, right?

As for the general "tone" of your post, you really didn't have to admit that you "drifted". I don't know many married people, even those not particularly happily married, that refer to their spouses as "petitioner"s.

I take it by drifted, you meant that you no longer reside together? If you don't, it's pretty apparent.

"diaddie mermaid"

You can 'catch' me on here and on FBI.

Link to comment
Share on other sites

Hey olux2008,

What do you mean "we drifted"? Did you guys file a divorce and then withdrew it?

I meant that we don't get along anymore.

12/17/08.........Married

7/28/08..........I130, I485, I765 Receipt Date

7/31/08.......... I130, I485, I765 Notice Date

8/20/08.......... Biometrics for EAD and 485

11/25/08.........AOS Interview in Tampa, FL

1/12/09...........USCIS mailed Notice of Intent to Deny. Evidence: Conflicting statements made by USC spouse at the interview to proof to officer that the marriage was bona fide.

March 2009......Received Denial Notice of I-130 and 485.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...