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warwick8

ROC Interview

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Hi! I have posted here before I filed my ROC. This post is an update and asking everyone's opinion in my extremely unique situation. My US spouse is currently incarcerated and received an email from USCIS requesting to appear in our local USCIS office for an interview. We never received an RFE when we filed and now they want us to go for an interview. My husband will not be able to join me, so I have asked around if I need a lawyer for this. I am scared because I did not expect my husband to be in jail, everything happened so fast, and now I am alone and trying to fend for myself while still supporting my husband. His case is on appeal but we do not even know when this ordeal will end. Is it usual to get called for an interview without even getting an RFE? One suggested I divorce my husband and re-file my ROC (will that not make it more suspicious for fraud?)...it is not easy being married to an inmate but we love each other and we believe we'll get through this together. I have proof that we are still in contact (phone bills, letters)...i also asked the prison facility, but they won't give me a copy of the visitation log unless it is subpoenaed.

I hope someone will read this and give insight to my plight. Do I need a lawyer? What other proofs can I bring?

Thank you.


Sent N400: Oct 27, 2011

NOA: Nov 1, 2011

Biometrics: Nov 16, 2011

Yellow letter date: 12/14/2011

Yellow letter received: 12/19/2011

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I would be bringing a lawyer to the interview.

More than likely a G-28 will be needed for the lawyer to act as rep for your spouse.

I hope all goes well.


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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i'm sorry but you will need a lawyer, it will be hard on your finance not having any help,shop around, there is a woman lawyer you can call her on wensdays i can't thik of her name , some other vj members should know her name, good luck

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I can only guess, but in doing so, I guess that the incarceration of your husband was reported to USCIS as an "has been arrested" kind of message. While attempting to adjudicate the ROC, the USCIS drones may now question his good moral character and continued eligibilty to be an LPR. You do not mention on whether he's just held to be arraigned or has been convicted of a crime, but if the latter is the case, he may have a serious problem at hand.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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I can only guess, but in doing so, I guess that the incarceration of your husband was reported to USCIS as an "has been arrested" kind of message. While attempting to adjudicate the ROC, the USCIS drones may now question his good moral character and continued eligibilty to be an LPR. You do not mention on whether he's just held to be arraigned or has been convicted of a crime, but if the latter is the case, he may have a serious problem at hand.

I interpreted the OP as the person incarcerated is the USC, not the LPR. Does the "moral character" (according to USCIS) of the USC have any relevance at this point?


AOS (from tourist w/overstay)

1/26/10 - NOA

5/04/10 - interview appt - approved

ROC

2/06/12 - NOA date

7/31/12 - card production ordered

N-400

2/08/13 - NOA date

3/05/13 - biometrics appt

6/18/13 - interview - passed!

7/18/13 - oath ceremony

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my husband is the USC and I am the immigrant. Does his moral character important for the ROC? I have called several lawyers and one said that the presence of a lawyer in the interview may sometimes be interpreted as being "defensive". So i am really scared. BTW, my husband has been found guilty by the jurors, but we are appealing the case.

Thanks for your input guys.


Sent N400: Oct 27, 2011

NOA: Nov 1, 2011

Biometrics: Nov 16, 2011

Yellow letter date: 12/14/2011

Yellow letter received: 12/19/2011

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I can only guess, but in doing so, I guess that the incarceration of your husband was reported to USCIS as an "has been arrested" kind of message. While attempting to adjudicate the ROC, the USCIS drones may now question his good moral character and continued eligibilty to be an LPR. You do not mention on whether he's just held to be arraigned or has been convicted of a crime, but if the latter is the case, he may have a serious problem at hand.

According to OP it is the US Citizen spouse who is in the clink, his moral character should not factor into removal of conditions of spouse's green card. This is why the suggestion to have legal representation for the spouse who cannot go to interview.


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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I will be meeting a lawyer this afternoon to discuss my case. I hope everything will be ok. I'm really nervous. I also hope someone in a similar situation or is knowledgeable about cases like this read my post and provide insight.

Thanks VJers! will keep you posted!

According to OP it is the US Citizen spouse who is in the clink, his moral character should not factor into removal of conditions of spouse's green card. This is why the suggestion to have legal representation for the spouse who cannot go to interview.


Sent N400: Oct 27, 2011

NOA: Nov 1, 2011

Biometrics: Nov 16, 2011

Yellow letter date: 12/14/2011

Yellow letter received: 12/19/2011

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I will be meeting a lawyer this afternoon to discuss my case. I hope everything will be ok. I'm really nervous. I also hope someone in a similar situation or is knowledgeable about cases like this read my post and provide insight.

Thanks VJers! will keep you posted!

Hope all goes well!:thumbs:


USCIS TIMELINE

N400 (Citizenship Application):

Package sent: 02/17/2012

NOA Date: 02/21/2012

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