AOS interview: Request for RECORD OF SWORN STATEMENT

[Angela & Paul 12]

Anyone out here went to the GC interview and were not approved because the officer asked you to write and sign a RECORD OF SWORN STATEMENT IN AFFIDAVIT FORM?

That's what happened to us yesterday and the CO clearly said to get Legal Representation so we're also looking for recommendations for a good immigration attorney in the SFO Bay Area.

Needless to say, we're very disappointed with the outcome and we hope it's just - another - small bump on the road to the GC.

Thank you.

[NArocks 13]

Anyone out here went to the GC interview and were not approved because the officer asked you to write and sign a RECORD OF SWORN STATEMENT IN AFFIDAVIT FORM?

That's what happened to us yesterday and the CO clearly said to get Legal Representation so we're also looking for recommendations for a good immigration attorney in the SFO Bay Area.

Needless to say, we're very disappointed with the outcome and we hope it's just - another - small bump on the road to the GC.

Thank you.

WTH how can that be? I wish I could let you know of someone. I am sure others will pipe in soon

[Bobby+Umit 161]

What did they want written in this statement? Was he asking for others to provide affidavits describing your marriage together? or something from you?

Telling you to get a lawyer - that doesn't sound good.

[Angela & Paul 12]

They are asking Angela to write a sworn statement - and I quote - "DISCLOSING THE FACT THAT YOU HAD BEEN A VISA OVERSTAY / REFUSAL AND THAT YOU HAD BEEN RETURNED TO BRAZIL ON OCT. 31, 2007"

Angela was denied entry because of visa overstay (by 60 days). At that time, the officer in Washington estimated that she intended to immigrate and was going to be a public charge.

They have been hammering us on this issue since the beginning, including that dreadful interview in Rio for the K-1 (same story, they did not approve her K-1 visa on the spot, we had to wait to see the visa in the passport a week later).

Our visa journey has been far from easy, but aside for doing everything they can to slow us down, they have not been able to stop us... yet!

I had a feeling yesterday that the officer really though Angela was 'in' the marriage for the green card. He made some direct comments about this. Hopefully we gave him enough ammunition (proofs) that he's changed his mind on that one.

[Usui Takumi 1,562]

Can you give us more background? Both of your case and and how the interview went?

EDIT. Disregard, slow on the typing I am.

Edited July 1, 2009 by lancer1655

[NArocks 13]

OH MY what a trial, I hope it works out for the best. Incredible you had it at the K-1 stage and now again. They know she had this why does she have to state it? That is so weird as it was under 180 days.

[Usui Takumi 1,562]

I would pay for an attorney's time just to confirm that the document they want signed doesn't invalidate anything.

Btw for my K1 visa, when USCIS started losing my files I went with Lipman and Wolf in Concord who was recommended to me by my congressional office.

Edited July 1, 2009 by lancer1655

[NArocks 13]

I would pay for an attorney's time just to confirm that the document they want signed doesn't invalidate anything.

Very true as this can be more of a nightmare if not done correctly and you sign her life away basically Great advice,

[Bobby+Umit 161]

Very strange. 60 days overstay does not meet the 180+ that would require a ban (and waiver).

Perhaps they are nit picking due to age differences or something?

Yes - in this case, you probably want to get an immigration savy lawyer to draft up this affidavit and go from there.

(double strange they would be concerned of an overstay in 2007, that is below the 180 days and you guys are married in the US!)

[Angela & Paul 12]

Very strange. 60 days overstay does not meet the 180+ that would require a ban (and waiver).

Perhaps they are nit picking due to age differences or something?

Yes - in this case, you probably want to get an immigration savy lawyer to draft up this affidavit and go from there.

(double strange they would be concerned of an overstay in 2007, that is below the 180 days and you guys are married in the US!)

All your points are very valid, and thus we did not feel either that the 60 days overstay would be a major issue.

They are also nit-picking on the fact that she had free surgery and treatment here on her broken elbow at the County hospital in Dec. 2006, even if the hospital approved the waiver of fees (she needed emergency surgery and has no money).

We are seeing an attorney today, through one of the local organizations that provide free immigration legal help.

[NArocks 13]

Please let us know how it turns out. My best wishes

[JlovesC 0]

My best wishes for you guys. I remember going to our interview thinking how hard it is to have my life on someone else hands. I kept thinking "i wish the interviewer is in a good mood, had a good night of sleep." I mean, even though we'd provided all kind of documents and proof of a real marriage we still had to go through an interview. We were lucky that our experience was very good, but I've read other people's cases and sometimes is hard to understand how subjective it is. I'm sure soon your journey will be successfully complete!