May 2012 AOS Filers

[hmh33 117]

Interview in San Francisco this morning - approved!

(...)

No online status updates yet.

I-130 and I-485 case status on the USCIS website yesterday changed to "Decision" - "On August 30, 2012, we mailed you a notice that we had registered this customer's new permanent resident status." Interestingly I didn't get any kind of email notification, even though I'd been getting emails for all the earlier case updates.

[Waiting_In_SC 27]

Maybe this is finally the week my wife and I hear something about our interview. We sent our RFE information in early in July. Our case status online reads this way:

On July 9, 2012, we received your response to our request for evidence. This case is being processed at our NATIONAL BENEFITS CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done.

It's Sept 3 as of this post, and our 60-day window is rapidly closing. I sure hope we'll get some word this week.

Edited September 3, 2012 by Waiting_In_SC

[mrsGORE 13]

Maybe this is finally the week my wife and I hear something about our interview. We sent our RFE information in early in July. Our case status online reads this way:

On July 9, 2012, we received your response to our request for evidence. This case is being processed at our NATIONAL BENEFITS CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done.

It's Sept 3 as of this post, and our 60-day window is rapidly closing. I sure hope we'll get some word this week.

that's what happened to me next is your interview letter..Goodluck

[Waiting_In_SC 27]

that's what happened to me next is your interview letter..Goodluck

Thanks. Fingers crossed that I'll get that long-awaited text one day this week.

[seth2013 39]

Thanks. Fingers crossed that I'll get that long-awaited text one day this week.

Crossing my fingers for you!!

[hmh33 117]

Got my welcome letter and I-130 approval notice in the mail yesterday. Online status now shows card production. I haven't received any email notifications since the one giving my interview appointment date. I mention this to remind folks of how flaky the online system is - if you have been waiting a while for an update, maybe it's worth a call to the misinformation line.

[isa30 4]

Thanks. Fingers crossed that I'll get that long-awaited text one day this week.

Stay positive....

[JayNarl 3]

My interview went horribly wrong. My husband and I were verbally abused by the officer. My husband has a disability and this woman even went as far as to ask him " Why are u married and have her n her son live with u? U r on disability!" We left the room feeling as though we had been abused and literally torn to pieces. Our marriage is legitimate and this woman made us feel dirty and broken.

We have since filed a motion to get a new interview and have the officer reprimanded for her conduct. We also spoke to the directors secretary the following day and she recorded our statement and advised us on what steps to take. The officer took my i94 and read me the yes n no questions. But did not give us an answer. She then threw a letter of continuance on the table and rushed us out of the room. We had a stack of Co mingling proof of marriage she also did not care to look at. We left the room visibly shaken.

We originally went without a lawyer, but my advice to anyone going without a lawyer is if your interview is going wrong. Immediately ask for the interview to stop and call your lawyer. Then tell the officer tyou want to speak to the district director. This is your right. My husband and I did not know that. I hope our story could help others.

would keep you guys updated on the case as further developments happen

[hmh33 117]

Sorry to hear that JayNarl. Any status updates since the interview on the USCIS website for you?

My card was delivered today

[DandT14 272]

My interview went horribly wrong. My husband and I were verbally abused by the officer. My husband has a disability and this woman even went as far as to ask him " Why are u married and have her n her son live with u? U r on disability!" We left the room feeling as though we had been abused and literally torn to pieces. Our marriage is legitimate and this woman made us feel dirty and broken.

We have since filed a motion to get a new interview and have the officer reprimanded for her conduct. We also spoke to the directors secretary the following day and she recorded our statement and advised us on what steps to take. The officer took my i94 and read me the yes n no questions. But did not give us an answer. She then threw a letter of continuance on the table and rushed us out of the room. We had a stack of Co mingling proof of marriage she also did not care to look at. We left the room visibly shaken.

We originally went without a lawyer, but my advice to anyone going without a lawyer is if your interview is going wrong. Immediately ask for the interview to stop and call your lawyer. Then tell the officer tyou want to speak to the district director. This is your right. My husband and I did not know that. I hope our story could help others.

would keep you guys updated on the case as further developments happen

In what way were you verbally abused?

[Newbie608 103]

@JayNarl. Motion for a new interview? Your experience is normal. There are couples who have been through worst than that. The IO questioned the fact that you marry someone who is on disability. I'm sure she's not the only one who would have some kind of question pertaining to that. The most important thing is your marriage is real and that's the only thing that matters. IOs can say whatever they want, they can be very rude too but what can one do? As far as they're concerned, its not illegal to talk to you the way they did. Its their job...

Just hope are pray for the best. Hope your case doesn't get drawn out because of your motion

Goodluck

[JayNarl 3]

Nothing yet. My lawyer says everything is going to be halted pending the district officers investigation. So were at a standstill. Were hoping for a new interview.

Sorry to hear that JayNarl. Any status updates since the interview on the USCIS website for you?

My card was delivered today

[JayNarl 3]

My wife and I went to our marriage based AOS interview on the 4th of September 2012. All my paperwork met the requirements and beyond to satisfy the elements needed to prove a legal and good faith marriage. The officer called my wife around 12:30pm. Our appointment was originally set for 11 am. We approached and she asked “Who are you?” there was a clear and evident raise of tone and attitude and we immediately felt something was wrong. She then told us “Get in the first office please.” Then she said, “Who is *****.” She screamed again a few times, “Who is *****? Why are you lying?” These questions were shot at my wife before she could even answer. My wife then said “Are you talking about Laura ****?” She looked again and said, “How do you know Laura *****, who’s John ****, Where did you meet him my name? my name are you lying? Why are you lying? Where are your kids at?” My wife didn’t even get a chance to answer any question before officer

screamed, “Why are you lying myname? Answer the question!”

I saw my wife start to cry. This crushed me in side. I love my wife so much. To see her fall apart like this broke me. Myname is black and I’m a white male. A lot of people out there still just don’t like a white man with a black woman. I was surprised to find this happening at the USCIS. I told Officer, “That’s Laura’s maiden name and John and her are obviously married.” She then glared quickly to myname and said, “myname where did you meet her? I’m going to ask you again!” She never even asked my wife that question. I sat there and watched her say something completely different, then belittle my wife as my wife became hysterical with tears. Then Officer continued saying, “Why aren’t your children with you myname? Where are they?” My wife was so traumatized. I was about to ask for the interview to stop because Officer was attacking my wife. This was when Officer pushed two pictures in front of her; my wife was in such shock from Officer inappropriate actions and conduct, which were clearly unethical and malicious in all nature, that she couldn’t answer who her kids were. I answered for my wife saying that is her sons, name called.

I was so afraid if I stood up for my wife that the officer would become even more malicious. This is when the officer started to yell at me. “I asked her!!!” she said as she pointed to myname, “You be quiet!!!!!”

Then she looked at me sarcastically as she looked through my income, What are you doing married to her and why do you have her son here when you can’t even take care of yourself with your disability?

Aren’t you 29? Why do your parents own your home?” I felt embarrassed as this lady discriminated me for being disabled. My wife and I just need some time to adjust. I am a certified paralegal and I also have a bachelors in Bio chemistry. I am just getting out of school. My wife who you all know as Jaynarl is a published author of 2 books on endangered animals in the Caribbean.

This lady was trying to say we have no right being married because we didn't have a big bank account?? What did it matter if my parents owned our home? They own a realty company and they also own my brother and sister homes.

She pointed a finger at a picture of my wife that she held up. “Who is this?” Officer kept repeating over and over again, to intimidate her. My wife said nothing. I was so confused myself as Officer just told me seconds before that she’s not asking me questions and to keep my mouth closed. After she discriminated against me, she was trying to tell my wife that a woman in the picture she was holding was not her and actually a photo of one of her former friends, as if my wife didn’t know what she looked like. They are both black. Officer then continued saying over and over again why is she wearing a wedding ring in the picture? My wife tried to answer, but her voice was so weak. She tried to tell her that she was the one wearing the rings in the picture and not her friend. Her friend who was previously getting married was not in that particular picture but the one before.

I answered and told Officer, “If her friends are wearing or not wearing rings this has nothing to do with our marriage.” Our marriage is a normal legitimate marriage we have plenty enough pictures all ranging from different seasons to different places we went and with different members of our family and friends. I grabbed my wife hands. I needed to let her know that I was there and I was at her side. This was not how we should be treated. I was feeling fear and I felt like crying and I constantly told myself (in my head, in the interview) that I cannot live without my wife in my life. This lady was clearly discriminating against my wife for her race and me for my disability. Officer did not want us to be together.

Then out of all my paperwork she grabs two pictures with another white male and black female couple, which wasn’t even us, but rather our friends. The lawyer suggested that in the future whenever someone has an interview and it becomes like ours that the Us citizen spouse immediately stop the interview and ask to call his or her lawyer. Do not leave the office without asking to speak to the district officer to file a complaint. Just some useful advice. Now we have to wait for a new interview. I guess they would probably visit our home, or jobs. This we would welcome.Its just so heart wrecking that when you have a legitimate marriage you have to face this #######.

My lawyer says this is not a normal interview. This officer has no right to discriminate against anyone. Discrimination is not a tactic used by the USCIS. You should never be judged or discriminated by anyone in public office. This law makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, disability or sex

This is just a summary of the interview. My wife was called a bad mother because her kids were in Trinidad. When I explained that we have her son here living with us, and that we are adjusting his status she went on to say why one son? Why do your parents have to take care of her and her son? The entire interview was demeaning and no one should be treated like this

@JayNarl. Motion for a new interview? Your experience is normal. There are couples who have been through worst than that. The IO questioned the fact that you marry someone who is on disability. I'm sure she's not the only one who would have some kind of question pertaining to that. The most important thing is your marriage is real and that's the only thing that matters. IOs can say whatever they want, they can be very rude too but what can one do? As far as they're concerned, its not illegal to talk to you the way they did. Its their job...

Just hope are pray for the best. Hope your case doesn't get drawn out because of your motion

Goodluck

[JayNarl 3]

This is in the Field Adjudicators handbook. You can find it on the USCIS website. My husband suffers with mental depression. This was revealed to the officer when she was reading through the paperwork

2.8 Providing Courteous, Professional and Knowledgeable Service to Applicants with Disabilities.

During your career you will interact with applicants who have mental, physical, and/or developmental disabilities. The agency is legally required to provide reasonable accommodations for applicants with disabilities. Beyond these legal requirements, however, you should always adjudicate these cases with the utmost care and sensitivity. Remember that people with disabilities want to be treated with the same courtesy and professionalism as anyone else.

This section will first explain the agency's legal obligations to provide reasonable accommodations for such applicants and then give some suggestions for interacting with people with disabilities.

(a) Providing Accommodations for People with Disabilities .

The following are some commonly asked questions about this important issue.

Q. What accommodations should we provide for people with disabilities?

A. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) requires all executive agencies, including the USCIS , to provide reasonable accommodations for applicants with mental, physical, and/or developmental disabilities. You should show the utmost sensitivity, courtesy, and respect when adjudicating cases in which the applicant requests an accommodation. [Note: Persons with visual or other physical impairments generally use service animals (e.g., guide dogs). You must allow service animals to enter all USCIS buildings, offices, and interview sites.]

Q. Does this mean that we must provide any and all accommodations?

A. No. USCIS does not have to provide accommodations that would "result in a fundamental alteration in the nature of a program or activity or in undue financial or administrative burdens." [28 CFR § 39.160(d)]

Q. What does it mean to provide an accommodation?

A. USCIS must provide an accommodation if the applicant is able to demonstrate to the adjudicator that he or she can meet the requirements for the benefit being sought, but with a particular change to the standard interview procedure.

Q. Does this mean that we must waive all requirements for the benefit being sought?

A. No. Instituting a policy of "blanket exemptions" would play into the stereotype that persons with disabilities are not able to participate in mainstream activities. Such a policy would be contrary to the provisions of Section 504 of the Rehabilitation Act of 1973.

Q. How does the concept of reasonable accommodations relate to other statutory waivers?

A. Do not confuse reasonable accommodations with other statutory waivers and exemptions that may be available to certain applicants. You must consider the two issues separately. An applicant who qualifies for a statutory waiver may not require a reasonable accommodation in order to complete the interview processes and vice versa.

Q. What are some examples of the types of accommodations that we should provide?

A. Local offices should be creative in developing accommodations and modifications, including (but not limited to) the following:

· Performing a homebound interview or administering the oath of allegiance at a hospital, nursing facility, or applicant's home.

· Supplying English tests in large print to visually impaired individuals.

· Offering a written test on civics questions for hearing-impaired applicants.

· Allowing applicants with learning disabilities additional time to complete an English/civics test.

· Allowing persons with significant disabilities to respond to questions in a yes-or-no format or through predetermined physical motions or signals that the applicant uses to communicate. Prior to the interview, officers may clarify with family members or legal guardians any physical motions or signals that may be used as answers to questions asked during the interview.

· In certain instances, allowing a family member or legal guardian to attend the interview with a disabled applicant. Interviews are frequently a stressful experience even for applicants without disabilities. The stress factor for a person with a disability may be even greater. The presence of a family member or legal guardian often has a calming effect for an applicant who is disabled.

(b) Interacting with People with Disabilities .

The following suggestions will help you communicate effectively and respectfully with people with disabilities.

(1) In general:

Do :(A) Treat adults as adults . Treat people who have disabilities with the same respect and courtesy that you would afford any other adult.

(B) Wait until the applicant accepts an offer of assistance before providing help . If your offer is accepted, listen to, or ask for, instructions. Do not be offended if your offer of help is not accepted.

© Relax . Your relaxed and professional attitude will speak louder to persons with disabilities than anything else you do.

(2) People with Hearing Impairments :

Do: (A) Speak directly . Speak directly to the applicant, rather than through a companion or sign-language interpreter. Look directly at the applicant, and speak clearly, slowly, and expressively.

(B) Tactfully get the attention of the person . A good way to get the attention of a person with a hearing impairment is to wave your hand.

© Accommodate a person who can lip-read . Be sensitive to the applicant's needs by facing the light source and keeping your hands, writing instrument, and papers away from your mouth when speaking.

(D) Reduce unwanted sounds . Try to find a quiet place away from typewriters, telephones, copiers, etc.

Don't: Don't say anything to an interpreter or third party in the room that you wouldn't want the hearing-impaired applicant to understand. This is rude and disrespectful to the person with a hearing impairment.

(3) People With Speech Impairments .

Do: (A) Listen . Listen attentively and patiently when an applicant has difficulty talking.

(B) Clarify . If you need to clarify what has been said, rephrase questions that can be answered in a yes or no format.

Don't: (A) Don't interrupt an applicant who has difficulty talking . Give the applicant a full opportunity to communicate with you.

(B) Don't pretend to understand if you are having trouble doing so . Instead, repeat what you have understood and allow the person to respond. The applicant's response will clue you in and guide your understanding.

(4) People With Visual Impairments .

Do: (A) Verbally identify yourself. When meeting a person who is visually impaired, always verbally identify yourself and others in the room.

(B) Speak in a normal tone . Speak in a normal tone when conversing with someone who is visually impaired.

© Identify the person to whom you are speaking . When conversing in a group, remember to identify the person to whom you are speaking.

Don't: Don't pet service animals . If a service animal accompanies an applicant, remember that the animal is responsible for its master's safety. Don't pet or otherwise distract the animal.

(5) People who use a wheelchair .

Do: (A) Speak directly to the applicant . Speak directly to the applicant in the wheelchair. Don't speak to others about him/her.

(B) Place yourself at eye level . Place yourself at eye level when speaking to an applicant in a wheelchair.

Don't: (A) Don't lean on or hang onto an applicant's wheelchair . Consider the wheelchair part of the personal body space of the person who uses it.

(B) Don't clog your work space with physical barriers that would prevent a wheelchair from entering the space .

(6) People who are mentally impaired or developmentally disabled.

Do: (A) Treat applicants who are mentally impaired or developmentally disabled as people . Treat these applicants with the same respect you would afford any other applicant.

(B) Be specific when speaking . Avoid abstractions; explain precisely what needs to be done.

© Ask questions . Ask questions to determine whether you have been understood.

Don't: Don't assume that an applicant who is mentally impaired or developmentally disabled won't or can't understand or remember what you have said.

[Newbie608 103]

I'm in tears reading your experience and I'm very sorry that you guys have to go through all that. That right there is sooo not normal and that IO should suffer the consequences. Was the white? You know some white women can't stand to see a black woman with a white man and vice versa so it all comes down to a racism

I hope everything works out for you guys and I can only imagine what JayNarl was going through...