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Angela & Paul

AOS interview: Request for RECORD OF SWORN STATEMENT

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Filed: K-1 Visa Country: Brazil
Timeline

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.


Our Timeline below - CA Service Center - Consulate: Rio de Janeiro - Local Office: San Jose, CA

October 5, 2006: We meet for the first time!

March 8, 2008: I-129F K1-Fiancee Visa Application mailed

October 27, 2008: K1 VISA RECEIVED !! (233 days - 7 MONTHS 19 DAYS)

January 17, 2009: Entry - POE: JFK w/EAD (315 days)

February 6, 2009: WEDDING! (335 days)

March 24, 2009: Sent AOS, EAD, AP package to Chicago Lock box (381 days - 1 YEAR 16 DAYS)

June 30, 2009: Interview in San Jose, CA (479 days) - NOT approved, Sworn statement required

AUGUST 14, 2009: GREEN CARD IN HAND (524 days - 1 YEAR 5 MONTHS 6 DAYS)

May 31, 2011: Sent I-751 Removal of Conditions package (1179 days - 3 YEARS 2 MONTHS 23 DAYS)

January 25, 2012: 10-Year Green Card Received (1418 days - 3 YEARS 10 MONTHS 17 DAYS)

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Filed: Citizen (pnd) Country: Colombia
Timeline
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


Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


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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.


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: K-1 Visa Country: Brazil
Timeline

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.


Our Timeline below - CA Service Center - Consulate: Rio de Janeiro - Local Office: San Jose, CA

October 5, 2006: We meet for the first time!

March 8, 2008: I-129F K1-Fiancee Visa Application mailed

October 27, 2008: K1 VISA RECEIVED !! (233 days - 7 MONTHS 19 DAYS)

January 17, 2009: Entry - POE: JFK w/EAD (315 days)

February 6, 2009: WEDDING! (335 days)

March 24, 2009: Sent AOS, EAD, AP package to Chicago Lock box (381 days - 1 YEAR 16 DAYS)

June 30, 2009: Interview in San Jose, CA (479 days) - NOT approved, Sworn statement required

AUGUST 14, 2009: GREEN CARD IN HAND (524 days - 1 YEAR 5 MONTHS 6 DAYS)

May 31, 2011: Sent I-751 Removal of Conditions package (1179 days - 3 YEARS 2 MONTHS 23 DAYS)

January 25, 2012: 10-Year Green Card Received (1418 days - 3 YEARS 10 MONTHS 17 DAYS)

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Filed: Citizen (pnd) Country: Colombia
Timeline

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.


Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


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Filed: Other Country: Afghanistan
Timeline

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 by lancer1655

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Filed: Citizen (pnd) Country: Colombia
Timeline
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,


Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


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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!)


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: K-1 Visa Country: Brazil
Timeline
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.


Our Timeline below - CA Service Center - Consulate: Rio de Janeiro - Local Office: San Jose, CA

October 5, 2006: We meet for the first time!

March 8, 2008: I-129F K1-Fiancee Visa Application mailed

October 27, 2008: K1 VISA RECEIVED !! (233 days - 7 MONTHS 19 DAYS)

January 17, 2009: Entry - POE: JFK w/EAD (315 days)

February 6, 2009: WEDDING! (335 days)

March 24, 2009: Sent AOS, EAD, AP package to Chicago Lock box (381 days - 1 YEAR 16 DAYS)

June 30, 2009: Interview in San Jose, CA (479 days) - NOT approved, Sworn statement required

AUGUST 14, 2009: GREEN CARD IN HAND (524 days - 1 YEAR 5 MONTHS 6 DAYS)

May 31, 2011: Sent I-751 Removal of Conditions package (1179 days - 3 YEARS 2 MONTHS 23 DAYS)

January 25, 2012: 10-Year Green Card Received (1418 days - 3 YEARS 10 MONTHS 17 DAYS)

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Filed: Citizen (pnd) Country: Colombia
Timeline

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


Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


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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!


.png

Timeline

June 30, 2007 - Got married! The happiest day of our lives!

October, 2007 - I-130 Sent

March, 2008 - I-130 Approved!

February 28, 2009 - AOS package sent to Chicago

March 03, 2009 - AOS and EAD NOA's Received

March 27, 2009 - Biometrics appointment

May 19, 2009 - EAD approval letter received

May 30, 2009 - EAD card received

June 04, 2009 - AOS Interview - APPROVED!!!!!!!!

June29, 2009 - Received my green card!!!!!!!!!!

March 31, 2011 - I-751 Sent

April 08, 2011 - NOA (green card 1-year extension) received

May 12, 2011 - Biometrics

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