Interview done, now what?

[Erroneous 0]

My backstory.

My wife and I met while she was here on a student visa in 2008. When a year passed she went back to Japan to renew her passport and reapply for a student visa to attend another year here in the U.S. When she applied for another visa, she was denied with the reason stating she did not show enough ties in her home country to show that she would not attempt to stay in the U.S.

After a few months of long distance relationship I traveled over to see her and propose, after which we initiated the K-1 visa application.

Currently.. We went to out interview on November 3rd. We were prepared and did not have any reason to worry. The interviewer said my wife has tried to enter the country (in 2007), and was denied at port of entry for unknown reasons. This is untrue and he said he would look in to this, because he and I were unsure how they found that information. He did state that if it was true she should be banned from the United States for 5 years I believe it was. He then said in 2009 she was denied for a student visa (a student visa renewal really), and he claims the reason they stated is because she fraudulently submitted paperwork from a school in the U.S claiming to be a student. She was denied for a student visa, but this is also untrue as I was in contact with the school and had to pickup the paperwork at the time and mail it to her prior to her interview in Japan. She was in fact a student. He also stated that this should have been grounds for a 5 year ban.

After the interview on November 3rd, the case was touched on the 4th of November and nothing since. I am just curious how long I should wait to call and ask about what is going on? Also, if any of his accusations were true (which they are not) and she was banned from the U.S. why would she have been granted the visa and us allowed to be married and even attend the interview? Is it normal for them to try to confuse or scare you with false accusations? Those seemed a bit much for my wife and I.

I have contacted an attorney and he said wait to get the approval or denial and he will take it from there if need be. We just do not know how long to wait or if weird stuff has happened to many others.

Any feedback is appreciated.

[JimVaPhuong 4,863]

Yes, in some circumstances they will lie to you and make false accusations. They're on a fishing expedition. They're trying to get her to admit that her student visa renewal application was fraudulent. If they can get an admission from her then they can deny the green card. If they had any actual evidence then they wouldn't be making accusations - they would just deny.

Follow your attorney's advice. Wait for the decision.

[Erroneous 0]

Thanks for the feedback. That does make me feel a bit better.

[juliava 80]

If USCIS discovers and proves a fraudulent activity in the process of obtaining any visas in the past, they can deny AOS, and also they may even try and revoke a K-1 visa. I read a thread about this a while ago.

Hopefully it will not be your case!

Good luck!

[Erroneous 0]

I assumed they could revoke if they ever found fraud being committed. We have not committed fraud, I was just curious if the accusations and confusion were normal for an interview.