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IndyThorpe

I485 denied and I130 approved

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Today we had our aos interview and they could not approve our AOS because my husband(beneficiary) was not on my lease. they said i was commiting fraud?? please help us out. they gave us 87 days to come back with all needed documents like affidavits of bonafide marriage, insurance policies..etc. i feel so confused i thought we was all set..i felt so confident

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Unfortunately, it seems they believe the relationship was entered into only for the purposes of immigration benefits for your husband. It sounds like you did not have a lot of evidence of a bona fide marriage, so they gave you an RFE to produce more evidence of a bona fide marriage. All you can do now is produce the evidence and respond to them. Good luck.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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I have wedding photos..mutual bank account..gym membership...receipts from my new washer and dryer..regular photos with both our families. idk I felt like we had enough p.s also bday cards,wedding cards etc.

did u guys fail any of the questions they asked? pls explain to us what really happened so that we can advice u on what to do.


Entered usa with B2 VISA: 05.23.2010
met my wife: 06.02.2010
Got married : 10.28.2010
sent AOS: 03.11.2011
receieved by USCIS: 03.15.2011
NOA received : 03.26.2011
Case touched : 03.14.2011
Online update: inital review, the notice of action we sent to u was returend as undeliverable by us post authority. call uscis for rectification as this will affect the processing of your case.
called uscis: asking them to resend the notice of action and that i never change address.
Biomeric letter received: 05.02.2011 { for 05.17.2011}
walk in biomeric: 05.04.2011
another biometric letter received: 05.11.2011
went back for biometric centre: 05.12.2011 { was told that my last biometrics was good}
email and text massage recived: 05.14.2010{we have approved your EAC}
EAC received in the mail: 05.14.2011
applied for SSN. : 05.16.2011
Received SSN in mail: 05.21.2011
Tesxt massage: your case have been updated, status change to testing and interview. 07.26.2011
interview: 07/26/2011 APPROVED
update: Green card production 07/26/2011
08/03/2011: GREEN CARD ARRIVED.
GOD IS GOOD!!!!!!!!!!!!!!

ROC

Mail out I-751 to Vermont office : May 14th 2013.

Received by USCIS : May 17th 2013.

Received NOA Dated 5/20/13 on : may 28th 2013

Biometric notice received on June 1st 2013 dated 06/26/13

Walk in Biometric : June 5th 2013

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It sounds like they think your marriage is in name only and that you are trying to fraudulently obtain a green card. What exactly happened at the interview? What explanation did you give for not having your husband on the lease? Your husband not being on the lease for a valid reason would not be enough alone to give you an RFE, they most likely had some other reason that they were suspicious. Follow the document exactly, perhaps consult with an immigration lawyer, and send in the evidence they asked for.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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we had separate interviews i went first and when i told the IO that my husband was not on the lease she said that she can approve the i-130 but not i-485. she was a little funny about our wedding because it was only me and my husband and son that attended but my reason for that is i didnt have alot of money to have a big family wedding plus all my family is in different states and out the country so i am planning a wedding reception for december where everyone can attend.

and the reason i gave for not having him on the lease was that i didn't know i could " break" my lease early i was waiting for my re-certification in october. also she said i am committing fraud by having him live with me without having him on my lease. i honestly never knew about an addendum which is to add someone to the lease in between the lease period. but i just signed up for joint life insurance and i will be adding him to my health insurance once he receives his first pay stub ..this is so stressful but i have 87 days to get everything together and hopefully then they grant my husband his greencard.

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Hi Indy, I am just looking at your signature timeline and I am wondering...

Was your husband in the US already on another type of Visa when you met him?

I don't see where you filed for him as a fiance' to adjust status from there :unsure:

If he was here on another type of visa, what kind of visa was it?

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Today we had our aos interview and they could not approve our AOS because my husband(beneficiary) was not on my lease. they said i was commiting fraud?? please help us out. they gave us 87 days to come back with all needed documents like affidavits of bonafide marriage, insurance policies..etc. i feel so confused i thought we was all set..i felt so confident

After RFE, you need to gather evidence more than what you think you need and return it.


In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

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I don't believe they are saying you are committing fraud for purpose of obtaining a green card. What I think they're saying is that on your lease, you are suppose to add to lease when someone live with you. I don't think apartments really track this because it's really hard to do..

Get ur hubby added to your lease would be a start...


K1 Visa

4/13/2011 I-129F Petition Sent
4/14/2011 I-129F received at Lewisville, TX
4/18/2011 Electronic NOA1 received
4/19/2011 Check Posted
4/21/2011 NOA1 Hard Copy received- Notice Date: APR 15,2011
8/4/2011 NOA2 Text Notification
8/22/2011 Packet 3 Received
8/25/2011 Packet 4 Received
9/8/2011 Interview
9/16/2011 Visa Received
9/24/2011 POE



AOS

10/25/2011 AOE/I-765/I-131 sent
11/4/2011 NOA1 Hard Copy received- Notice Date: 10/31/2011
11/30/2011 Bio Appointment
12/27/2011 I-765/I-131 approved
1/6/2012 EAD/Advanced parole card received
9/30/2012 Service Request opened with USCIS - no response
10/26/2012 Infopass opened at Atlanta Office
10/23/2012 I-765 EAD renewal sent
10/23/2012 Requested US Senator for Assistance with case
11/1/2012 Received via mail being adjudicated
11/15/2012 AOS approved
11/21/2012 Green card received
11/27/2012 Sent letter cancellation of I-765 EAD renewal and biometrics



ROC

9/18/2014 ROC/I-751 sent
9/22/2014 NOA1 Receipt
10/23/2014 Bio Appointment

4/13/2015 Approved

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he was here on a M1 visa

I see you married 3 months after meeting each other. If his visa expired about the same time or was about to expire, then that could be another reason why they are suspecting fraud.


My Immigration Journey:

K1: June 2010 - December 2010

AOS: April 2011 - June 2011

ROC: April 2013 - August 2013

Naturalization: March 2014 - August 2014

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I am confused :unsure:

Your earlier posts here on VJ say that you are the immigrant, not your husband...?

http://www.visajourney.com/forums/topic/296275-i-came-to-usa-on-b2-visa-and-changed-it-to-m1-and-now-i-married-a-us-citizen-what-next/page__p__4488380__fromsearch__1#entry4488380

http://www.visajourney.com/forums/topic/297327-m1-visa-but-not-in-school-due-to-financial-reasons/page__p__4502213__fromsearch__1#entry4502213

I don't understand how something like THAT can be mistaken :blink:

Are you the beneficiary, or is your husband the beneficiary???

What is the point of posting something that is untrue?

:help:

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Ok. I am in the same boat as you as I cannot add my wife to any of my financial things because they all want a social security number. We tried applying for that, but because her i94 card expired, they denied her application. I also will not be able to add her to anything, but here is what you should do.

First, did you tell your friends and family about the wedding? If so, get it in writing from them, and why they could not attend, if you invited them.

Second, affidavits from friends and family that know about your relationship, and that know you live together.

Third, even though you did not add your husband on the lease, I hope you did tell your landlord who he is and that he is living with you, if so, get a letter from him for the same.

Fourth, if your husband has a social security number, there should not be any reason why he should not be on your bank account, if it is still difficult to add him, for whatever reason, add him to your credit card accounts.

Eighty seven days are plenty, but make a list first, and then cross them off. At this time, your best bet is to get as many affidavits as you can to vouch for your relationship, ie that is what we will have to do.

If he doesn't have a ssn and you already applied, you should have a letter of denial stating why, and you may also submit that.

Good luck.

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