Is this kind of harassment common?

[MrAdvantage 0]

I married my wife after we knew eachother for 5 months and her visa was expired when we wed. Based on this info the officer handling our case(today was our green card app) did not give her a green card. Instead we recieved a letter asking for info that we brought with us today. He interogated my wife for 15 minutes of the interview about other russian girls and american guys in our photo album. One girl in our Christmas pictures had already been denied a green card with him as officer and he looked at her picture and sais "this one looks like she likes to have fun" He was rude and when I was rude back he responded "don't be harsh, I can have her deported" as he snapped his fingers. He started the interview by asking me if I knew a guy that lives 800 miles from me that I have not seen in 10 years and only text once in a while. After grilling us on her friends in pics for 15 minutes he said we had used our 1/2 hour and had other people to see. Is this common? Do I have any recourse?

My wife does not work yet and our joint bank statement only said we have $117.00. I am self employed poker player and pay almost everything in cash and he did not like this. He asked me 4 times where i kept my money . I have a business account but my accountant told me not to have my wife on it for tax purposes. We brought 2 photo albums starting with the day we met, through our wedding on Maui to present but he says we need more pictures(200 not enough?)

We had to cancell plans to go to Russia in December to see her family. Is this process this hard and course?

ty mike and alsu

[Kathryn41 3,205]

Moved from AOS from a family visa forum to AOS from a work, student and visitor visa forum as it appears the beneficiary did not arrive on an immigrant intent family based visa

Edited November 23, 2010 by Kathryn41

[MrAdvantage 0]

Also forgot to mention he stated over 5 times during the interview that "the burden of proof is ours". Finally I asked himto show me where it said that in the immigration law book on his desk and he refused

[Anh map 2,098]

You are applying for a benefit so the burden of proof is on the petitioner. From what you've stated the adjudicator has some doubts about the bona fides of the relationship. Trying to shake up the beneficiary is one of the questioning tactics that are employed.

[MrAdvantage 0]

You are applying for a benefit so the burden of proof is on the petitioner. From what you've stated the adjudicator has some doubts about the bona fides of the relationship. Trying to shake up the beneficiary is one of the questioning tactics that are employed.

He didn t shake me up.He pissed me off and I question the legality of what he is doing, not to mention it being unprofessional imo. I have begun the formal complaint process

[VanessaTony 3,567]

He didn t shake me up.He pissed me off and I question the legality of what he is doing, not to mention it being unprofessional imo. I have begun the formal complaint process

I would say that the qn's about the friends, and especially one he already interviewed makes him think there's some sort of marriage fraud ring thing happening... it is a bit convenient that her friends have also applied for AOS recently.

He is entitled to ask whatever he wants to shake you up, and he did, he pissed you off, that's one way to get people to admit the truth. He isn't supposed to be making personal attacks but it definitely sounds like a Stokes interview is headed your way.

The fact that you knew each other ONLY 5 months, and that her visa was already expired when you married her does shout "fraud to stay in the US". It might be you're being honest but she's not.

As stated the burden to prove your relationship is always on you, always has been. I'm not surprised he refused to show you where in the book it's written. 1. because he might not know exactly where and 2. because it shows you their rules which you're not privy to.

Also, the "you've used up your 1/2 hour" implies to me that you didn't prove your relationship sufficiently in the time allotted by USCIS and now you'll probably get a Stokes (maybe the RFE'd info is enough).

One more thing, the "no money in banks" thing definitely looks suspicious. It also makes it hard to prove financial co-mingling if you don't have an account where she can freely access your income (and making an account now won't help you). I know many people prefer not to use banks but self-employed poker player who doesn't use banks looks like a front. It's not fair to judge a book by it's cover but that's how it looks and it's up to you to prove otherwise.

[Anh map 2,098]

The onus on you is to show how your lives are settling into a "typical" pattern for a married couple. Don't get caught up in your feelings toward the interviewer. Focus on what's needed to get your wife's green card.

A "Kismet" type of relationship can be a challenge to prove. Add to that the fact that your wife's visa had expired when you married adds a level of doubt to the case. And you say that a mutual friend was denied a green card adds to the skepticism.

Things such as joint health insurance, bank accounts, gym/health club memberships, wedding announcements, auto insurance, mail addressed to the both of you are typical pieces of evidence. You can't rely on just photos to prove a relationship.

[MrAdvantage 0]

1st off Ty for the replies. We were feeling alone on the long ride home. Really a big letdown today

Couple of ?s

What is a stokes interview?

What did u mean by laws that I am not privied too?

Is this not still America?

As far as using up half hour, he spent the last 15 minutes grilling her on her friends making notes on photocopied pictures

Also what does RFeD mean

[zooch76 9]

For what it's worth, before I filed my AOS I talked to a few lawyers about my case. One thing I always asked them about was the burden of proof and the all mentioned the same thing: this isn't a court of law and the burden of proof is on you to prove the marriage is legitimate. There is no "innocent until proven guilty" here - you have to make your case and that's that.

Also, they said that certain cases tend to be scrutinized more but we shouldn't worry. I asked for details and the general consensus was that my wife (the USC) and myself are close in age and appear to "go well" together. They said the fact that I'm Canadian helps because the country/people are so similar and people from other countries are generally pressed harder. Also, they said that they take things like inter-racial marriages, large age differences, short courting periods and known "mail order bride" countries into consideration. As far as the mail order bride thing goes, there are no shortage of girls that get married for a GC and as soon as that two year period is up they get a divorce - the USCIS wants to prevent that.

Anyway, long story short, if you can prove that your marriage is legitimate (other posters have provided examples of how) you should be okay. Just be wary that you may be targeted for more questioning.

[JimVaPhuong 4,863]

What is a stokes interview?

A Stokes interview is an intensive interrogation. A typical scenario is that the two parties are separated and interrogated by different USCIS immigration officers. After an hour or so, the interrogators switch interviewees and repeat the process for another hour or so. Afterward, the interrogators get together and compare notes. Mainly, they're looking to see if you both know intimate details about each other, and if your answers jive with each other.

It ain't pleasant.

What did u mean by laws that I am not privied too?

Some parts of the Adjudicators Field Manual are not open for public review because they pertain to tactics used to uncover fraud. These sections are redacted in the public version of the manual. However, the Adjudicators Field Manual is not law - it's the embodiment of USCIS policy BASED on the law. The laws that cover immigration are the Immigration and Nationalization Act (INA), the United States Code (USC), mostly title 8 of the USC.

You can read the laws and the public version of the AFM here:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=02729c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=02729c7755cb9010VgnVCM10000045f3d6a1RCRD

The bad news for you is that adjustment of status is discretionary. The USCIS immigration officer can deny if, in their opinion, your relationship is a sham. You can file a motion to reopen. If that's denied, your wife will be placed in removal proceedings. You can then file an appeal with the immigration judge. If that's denied, you can file an appeal with the Board of Immigration Appeals. If that's denied, your next course of action is through the federal appeals court system.

Is this not still America?

Yeah, but that doesn't mean that every US citizen is entitled access to every US government policy manual.

Also what does RFeD mean

An RFE is a "Request For Evidence". Basically, it's a letter demanding additional documents or evidence from you.

[MrAdvantage 0]

Agh, Ty as well.

He asked for health insurance, I told him it I'd a scam o chose not to participate in. We have a free community hoa gym. We flew to Maui from SC to get married( should that be proof enough?) she just got her leathers permit and state law says 6 months before she gets a dl so she can't be on my car insurance without a dl

We had a joint bank acc statement, joint utility bill. 200 photos from all over America Together.

[JimVaPhuong 4,863]

Agh, Ty as well.

He asked for health insurance, I told him it I'd a scam o chose not to participate in. We have a free community hoa gym. We flew to Maui from SC to get married( should that be proof enough?) she just got her leathers permit and state law says 6 months before she gets a dl so she can't be on my car insurance without a dl

We had a joint bank acc statement, joint utility bill. 200 photos from all over America Together.

Yeah, unfortunately, your relationship isn't going to be judged by your standards. It's judged by the standards of USCIS, which pretty much means an Ozzy and Harriet marriage - NOT Ozzy and Sharon!

They expect you to do what most married couples do - co-mingled finances, insurance, bills, setting up a home together. That sort of stuff. That fact that you flew around America together means you're having fun, but it doesn't necessarily mean your marriage is any more than a temporary fling. There are a lot of girls who will show a guy a great time to get a green card, and a lot of guys who are happy to go along just so they can have a trophy wife on their arm for a couple of years. The IO apparently thinks you fall into that category. To be honest, pictures of parties with friends whom the IO knows, and denied green cards for previously, did not help make your case. A picture of a family barbecue in the back yard would have been much more convincing.

[MrAdvantage 0]

If I thought it would end the process I would take a stokes interview. Our relationship is air tight

[JimVaPhuong 4,863]

If I thought it would end the process I would take a stokes interview. Our relationship is air tight

You may get your wish.

[MrAdvantage 0]

Ty for answers guys. If I am not working , I am doing something with my wife. I expected an interrogation, but not not for the officer to have his mind made up before we walked in. Based on info here , we definitely fall into a profiled group. He asked next to nothing about us personally he spent 50% of interview asking about other people instead of trying to find out about us