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juststartingout

I'm a disabled USC. Questions about sponsorship.

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Filed: K-1 Visa Country: Wales
Timeline

Actually it is more like he will be the one doing the convincing.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Vietnam
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You have the right to refuse to answer any question you find intrusive or uncomfortable. By the same token, adjustment of status is a discretionary benefit and the immigration officer can deny it if they're not satisfied with the answers they get. You may not like answering questions about your disability. How would like answering detailed and very personal questions about your sex life? Yes, they do sometimes ask questions like that if they suspect fraud. Of course, you have the right to refuse to answer, and they have the right to deny the adjustment of status based on your refusal to answer.

I'm not trying to scare you or make you angry. I'm trying to encourage you to look at this process in a slightly different light. Your husband (when he becomes your husband) will be asking the US government for a discretionary benefit - a benefit that a great many people have taken fraudulent measures to obtain. The immigration officer is charged with using their judgement in determining if fraud likely exists, and to use their discretion to deny if they believe it does. The immigration officer is well aware of circumstances that are often present in fraudulent relationships, so they're going to look for those circumstances in your relationship. Here are some specific circumstances that can raise suspicion, from the USCIS Adjudicators Field Manual:

An alien who married a citizen only after exhausting other means of remaining in the U.S.

An alien who is represented by a suspected unscrupulous attorney.

An alien who originally came to the U.S. with a nonimmigrant visa which would normally not be issued to an alien who did not have (or at least claim) significant ties in his or her home country (e.g., a spouse), but who now shows no indication of such ties.

An alien whose application is based on a marriage with a significant age difference or language barrier. (While not evidence of fraud per se , it is not unusual for strong divergences in a couple’s backgrounds to be an indicator of a marriage arranged solely for immigration purposes.)

These are just a few examples. Anything look familiar here? Circumstances that warrant scrutiny can often result in a Stokes Interview, where the couple are interrogated separately and asked the same extremely detailed, intrusive, and often embarrassing questions. The answers are then compared. Any mismatch is justification for denial.

The immigration officer doesn't know you personally, so they're going to base their decision entirely on what they do know. Some of what they know will come from the documents and evidence you submit, and the questions they ask at the interview. Some of it will come from the investigations they conduct, which includes a background check on both you and your future husband. They will almost certainly know about your disability.

I hate to tell people that they should willingly accept that their government might rake them over the coals, but in the case of immigration I think it's good advice. I was given similar advice years ago before I went to military basic training. A good friend told me that the drill instructors were going to yell at me - a lot - and that I shouldn't take it personally. They're just doing their job in preparing me to be disciplined. He said the worst thing I could do is go in with an attitude that I wasn't going to be pushed around. I think the same advice applies to an AOS interview. Abandon any sense of entitlement or rights before you go, and accept that the IO has a job to do, and that job might involve asking intrusive or embarrassing questions, and you shouldn't take it personally.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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  • 11 months later...
Filed: Timeline

I realized that I never updated everyone who kindly replied to my thread.

My husband and I were married in July 2012 and he received his green card 2.5 months later.

My disability was known, because it is stated in the divorce decree I had provided from my previous marriage. It was questioned briefly, and they moved on. I'll have to admit that I was uncomfortable, but it was handled professionally. We had the approval text a few hours after the interview.

Continuing our studies and living happily ever after. :) Even with a 20 year age difference. Even from the Middle East. ;)

Take care, everyone.

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Filed: AOS (pnd) Country: Nigeria
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its normal to have a red flag, theres nothing u can do about that, red flags can come natural, my brother got married to a woman who is 22yrs older, hes 32 and the woman is 54 but the application was successful, its all about keeping it real and i do believe that when a relationship is real then the chances are very high. i think u have a good chance and just keep assembling all the proofs and i wish u the best of luck

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Filed: AOS (pnd) Country: Jamaica
Timeline

I realized that I never updated everyone who kindly replied to my thread.

My husband and I were married in July 2012 and he received his green card 2.5 months later.

My disability was known, because it is stated in the divorce decree I had provided from my previous marriage. It was questioned briefly, and they moved on. I'll have to admit that I was uncomfortable, but it was handled professionally. We had the approval text a few hours after the interview.

Continuing our studies and living happily ever after. smile.png Even with a 20 year age difference. Even from the Middle East. wink.png

Take care, everyone.

Congrats! Would you mind sharing the questions you were both asked and answers given? Of course please omit the medical stuff that you are not comfortable about.

I'm the immigrant

F1 => AOS

Married 12.21.12
...............................
4.11.13 Day 0 Mailed AOS Package to Chicago Lockbox via USPS Priority mail (3rd Floor address) (I-130, I-485, I-765)
4.13.13 Day 2 Package arrives at USCIS 10:24am
4.23.13 Day 12 Email and text arrives for all 3 forms 11:45pm EST
4.24.13 Day 13 All 3 money orders cashed

4.29.13 Day 18 NOA hardcopys received for I-130, I-485, I-765

5.3.13 Day 22 Biometric Notice arrives. Appointment date 5/22/13.

5.3.13 Day 22 Walk in Bio successful. No reason given.

5.8.13 Day 27 RFE mailed for I-485

5.13.13 Day 32 RFE Hardcopy received (Tax return for JS and Computerized copy of my BC)

5.23.13 Day 42 RFE Response mailed off to Lee's Summit

5.28.13 Day 47 RFE Package delivered to Lee's Summit

5.31.13 Day 50 I-485 status updated to RFE review

6.4.13 Day 56 Biometrics background check came back clear to USCIS (got this from L2 cust serv)

6.11.13 Day 64 I-485 updated to Testing and Interview (email notification)

6.17.13 Day 70 Faxed a request to NBC to Expedite EAD

6.17.13 Day 70 I-765 updated to Card/Document production

6.19.13 Day 72 Email notification, interview scheduled for July 24th

6.20.13 Day 73 I-765 updated to Card/Document production (2nd Email)

6.21.13 Day 74 I-765 Email notification, Card mailed (no tracking)

6.24.13 Day 77 EAD arrives in mail

7.24.13 Day 107 Interview!!! APPROVED ON THE SPOT

8.02.13 Day 116 Green Card arrived

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