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ullnvrkno

Would an RFE still call for an interview?

By ullnvrkno in Waivers (I-601 and I-212) and Administrative Processes (221g)

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ullnvrkno Rising Star

ullnvrkno   95

Posted
Filed: IR-1/CR-1 Visa Country: El Salvador
 Timeline
Posted

So I went to my infopass exactly a week ago on 5/11 and cried my eyes out to the clerk and her supervisor. I gave them my daughter's birth cert to show them that my marriage is legit (both my and my husband's names are on there)... the supervisor said that they will pull my file and if it's an "easy" case they'll get me in in the next two weeks. If it's "difficult" then oh well I have to wait.

On 5/15 I received an RFE via postal mail from my local office asking specifically for any birth certs of any children we have together and whatever else I wanted to throw in. They listed all the "evidence" they already have (lease agreement w/ both names, bank account w/ both names, pictures). I sent 7 pictures from my trip to El Sal this past March w/ daughter in tow, I sent copies of our boarding passes and the visa pages from our passports.

Is there a possibility they will still require an interview of "bonafide marriage"? Our atty said it sounds like they're trying to avoid an interview, but she also said, when we started this process, that my i130 would most definitely be approved without interview... so...

USCIS - CSC/LOCAL OFFICE DC

12/5/11: NOA1

4/25/12: Case Transferred to Local Office (DC) for "Additional Processing"

4/27/12: Case Received at Local Office

5/15/12: RFE (daughter's birth cert)

5/15/12: RFE Evidence Sent (never received)

8/10/12: Infopass, evidence handed to officer adjudicating case

8/13/12: NOA2

NVC

8/20/12: Case Received

8/31/12: Case #/IIN Received

8/31/12: DS3032 Sent

9/11/12: ERROR MESSAGE! biggrin.png

9/13/12: AOS and IV bill INVOICED, Made AOS and IV bill payments, Mailed AOS and IV paperwork via USPS Priority Mail

9/14/12: AOS/IV marked as PAID

9/17/12: AOS delivered

9/20/12: IV delivered

9/25/12: AOS reviewed/accepted

9/26/12: IV reviewed/accepted

9/26/12: CASE COMPLETE11/27/12: Received Interview Date

01/11/13: Interview in San Salvador

03/15/13: 2nd Interview in SNS due to delayed medical report

I-601

3/21/13: Mailed to lockbox

3/22/13: Received at lockbox

9/25/13: APPROVED!!!!!!!!!!!!!!!!!

Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted (edited)

You are posting in the spouse visa forum. Assuming this is correct then yes, there will be an interview at the US embassy/consulate where the alien resides.

If you are actually both here in the US and applying to adjust status, no one can assure you that an interview will not be required. The USCIS interviews some applicants/petitioners at random along with those where a face to face interview is appropriate.

Having a child does not prove a bona fide relationship. Raising a child is much stronger evidence.

Submit all evidence of your lives together, not just a few convenient documents. The smaller details of life can show an adjudicating officer a clear picture of lives lived together.

Edited by Anh map

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

ullnvrkno Rising Star

ullnvrkno   95

Posted
Filed: IR-1/CR-1 Visa Country: El Salvador
 Timeline
  • Author
Posted

You are posting in the spouse visa forum. Assuming this is correct then yes, there will be an interview at the US embassy/consulate where the alien resides.

If you are actually both here in the US and applying to adjust status, no one can assure you that an interview will not be required. The USCIS interviews some applicants/petitioners at random along with those where a face to face interview is appropriate.

Having a child does not prove a bona fide relationship. Raising a child is much stronger evidence.

Submit all evidence of your lives together, not just a few convenient documents. The smaller details of life can show an adjudicating officer a clear picture of lives lived together.

Yes, I am the USC petitioner and my husband is the "alien" beneficiary. He left the US via voluntary departure in Nov 2011 and has resided in his home country of El Salvador ever since. We are not adjusting his status as he is not here in the US with me; we will have to file an i-601 for accrued illegal presence and have that approved before he can come back. I am raising our 7 month old daughter by myself and have been since her birth in October. Not sure if this changes anything.

I know he'll have to have an interview for the VISA but I'm not talking about that -- I'm talking about the interview they give to people whose spouses were in removal proceedings around the time of marriage. The interview they give BEFORE they approve the i-130. I'm wondering if their sending an RFE is their way of avoiding a "bone fide marriage" interview BEFORE they approve the i-130.

USCIS - CSC/LOCAL OFFICE DC

12/5/11: NOA1

4/25/12: Case Transferred to Local Office (DC) for "Additional Processing"

4/27/12: Case Received at Local Office

5/15/12: RFE (daughter's birth cert)

5/15/12: RFE Evidence Sent (never received)

8/10/12: Infopass, evidence handed to officer adjudicating case

8/13/12: NOA2

NVC

8/20/12: Case Received

8/31/12: Case #/IIN Received

8/31/12: DS3032 Sent

9/11/12: ERROR MESSAGE! biggrin.png

9/13/12: AOS and IV bill INVOICED, Made AOS and IV bill payments, Mailed AOS and IV paperwork via USPS Priority Mail

9/14/12: AOS/IV marked as PAID

9/17/12: AOS delivered

9/20/12: IV delivered

9/25/12: AOS reviewed/accepted

9/26/12: IV reviewed/accepted

9/26/12: CASE COMPLETE11/27/12: Received Interview Date

01/11/13: Interview in San Salvador

03/15/13: 2nd Interview in SNS due to delayed medical report

I-601

3/21/13: Mailed to lockbox

3/22/13: Received at lockbox

9/25/13: APPROVED!!!!!!!!!!!!!!!!!

Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

*Moved from IR1/CR1 forum to Waivers forum*

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

ullnvrkno Rising Star

ullnvrkno   95

Posted
Filed: IR-1/CR-1 Visa Country: El Salvador
 Timeline
  • Author
Posted

*Moved from IR1/CR1 forum to Waivers forum*

Why was this moved??? I haven't filed an i-601 yet.... I was asking about an interview of bona fide marriage in regards to my i-130. Please move this back to the i-130 thread.

USCIS - CSC/LOCAL OFFICE DC

12/5/11: NOA1

4/25/12: Case Transferred to Local Office (DC) for "Additional Processing"

4/27/12: Case Received at Local Office

5/15/12: RFE (daughter's birth cert)

5/15/12: RFE Evidence Sent (never received)

8/10/12: Infopass, evidence handed to officer adjudicating case

8/13/12: NOA2

NVC

8/20/12: Case Received

8/31/12: Case #/IIN Received

8/31/12: DS3032 Sent

9/11/12: ERROR MESSAGE! biggrin.png

9/13/12: AOS and IV bill INVOICED, Made AOS and IV bill payments, Mailed AOS and IV paperwork via USPS Priority Mail

9/14/12: AOS/IV marked as PAID

9/17/12: AOS delivered

9/20/12: IV delivered

9/25/12: AOS reviewed/accepted

9/26/12: IV reviewed/accepted

9/26/12: CASE COMPLETE11/27/12: Received Interview Date

01/11/13: Interview in San Salvador

03/15/13: 2nd Interview in SNS due to delayed medical report

I-601

3/21/13: Mailed to lockbox

3/22/13: Received at lockbox

9/25/13: APPROVED!!!!!!!!!!!!!!!!!

belinda63 Experienced

belinda63   3,039

Posted
Filed: Citizen (apr) Country: Iran
 Timeline
Posted

Sounds like the issue is just as you stated, you married around the same time he was in removal proceedings. As far as I know he will only have one interview (barring any major findings) and it is possible they will call you for an interview also in the US or ask that you come to his interview in his country.

The was things should go is you file the petition (I-130)and if approved he has the interview in his country and is denied due to the overstay, the I-601 waiver is filed for his overstay showing extreme hardship on your part if he is not allowed to return to the US, the waiver is approved or denied and the visa is issued or not depending on the outcome of the waiver. He will have an interview, there is no way around this as he is applying for a visa to the US.

What you need to focus on is proving you had a legitimate relationship and he didn't just marry you to avoid leaving the country. Photos from different times in the relationship, letters from friends, neighbors, relatives, etc. joint accounts, insurance policies, all of these things prove the two of you were in a relationship. A child, while supporting evidence, is not by itself proof of a relationship.

ullnvrkno Rising Star

ullnvrkno   95

Posted
Filed: IR-1/CR-1 Visa Country: El Salvador
 Timeline
  • Author
Posted

I feel like maybe I'm not clarifying this properly... I understand that he will have an interview for his visa, I get that. I'm well aware of it.

I am asking about whether or not I, myself, the USC/petitioner, will be called in for an interview at my local office BEFORE the i-130 is approved so USCIS can make sure we married out of love and not for immigration status. I am not asking about my husband's visa interview. The reason I am asking this question is because people married in/around removal proceedings are held to a higher fraud standard before their i-130 petitions are approved. I would like to know if USCIS local office is trying to avoid an interview to determine whether or not my marriage is bona fide because they sent me an RFE. I would like to know if a bonafide marriage interview before the i-130 is approved is still necessary when RFE is issued.

I hope this clears any confusion.

USCIS - CSC/LOCAL OFFICE DC

12/5/11: NOA1

4/25/12: Case Transferred to Local Office (DC) for "Additional Processing"

4/27/12: Case Received at Local Office

5/15/12: RFE (daughter's birth cert)

5/15/12: RFE Evidence Sent (never received)

8/10/12: Infopass, evidence handed to officer adjudicating case

8/13/12: NOA2

NVC

8/20/12: Case Received

8/31/12: Case #/IIN Received

8/31/12: DS3032 Sent

9/11/12: ERROR MESSAGE! biggrin.png

9/13/12: AOS and IV bill INVOICED, Made AOS and IV bill payments, Mailed AOS and IV paperwork via USPS Priority Mail

9/14/12: AOS/IV marked as PAID

9/17/12: AOS delivered

9/20/12: IV delivered

9/25/12: AOS reviewed/accepted

9/26/12: IV reviewed/accepted

9/26/12: CASE COMPLETE11/27/12: Received Interview Date

01/11/13: Interview in San Salvador

03/15/13: 2nd Interview in SNS due to delayed medical report

I-601

3/21/13: Mailed to lockbox

3/22/13: Received at lockbox

9/25/13: APPROVED!!!!!!!!!!!!!!!!!

unlockingsky Proficient

unlockingsky   94

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted (edited)

that is a very hard answer because it could vary.

how is the evidence link to your expedite because of hardship/extreme situation?

had you gotten any luck asking your congressman/senator to help you?

Edited by unlockingsky

"Family time is very precious and you should cherish every moment of it."

01/20/12 - I-130 sent to Chicago Lockbox.

01/26/12 - NOA1 received and processing at Vermont.

06/28/12 - NOA2 announced on status check.

06/29/12 - NVC received case learned on 07/2/12.

06/30/12 - Hard copy NOA2 received.

07/09/12 - NVC Casefile Number and IIN Issued.

07/16/12 - Receive and Sent DS-3032 via email.

07/17/12 - Mailed DS-3032 via mail, AOS bill received via email, paid online, Optin email sent.

07/18/12 - Optin accepted and new case number, AOS marked paid, emailed AOS packet.

07/24/12 - Assigned as Agent, IV Fee bill received via email, paid online.

07/25/12 - IV Fee marked paid, emailed IV packet.

07/31/12 - Emailed GZO Supplemental Packet 3.

08/02/12 - Case completed and commenced final review.

08/03/12 - Shipped all copies of forms/letters/documents to my wife - arriving on 8/9/12.

08/06/12 - Case completed final review.

08/09/12 - Appointment letter received via email interview date set 9/6/12.

08/14/12 - Medical exam done.

08/15/12 - Medical exam results all normal.

09/06/12 - Submitted required documents at the embassy and interview set next day at 0730.

09/07/12 - Visa approved, click here for review http://www.visajourney.com/reviews/view-dos-cis-reviews.php?entry=10401 .

09/14/12 - Visa received on hand!

10/07/12 - Arrived at NYC! click here for review http://www.visajourney.com/reviews/view-poe-reviews.php?entry=15293

10/20/12 - Received welcome letter from USCIS.

10/25/12 - Green Card received!

"Nothing is more difficult than the art of maneuvering for advantageous positions." - Sun-Tzu

04/27/13 - Submitted DS-160 online for parent-in-laws and sister-in-law.

05/01/13 - Paid DS-160 or MRV Fee Payments on CGI Stanley.

05/03/13 - Made appointment for 05/16/13 on CGI Stanley.

05/16/13 - Arrived at GUZ and impromptu notice on the front it was closed.

05/30/13 - B2 visa interview passed! Read review here http://www.visajourney.com/forums/topic/433263-b2-visa-was-approved-for-parentinlaw/ <p>

"Good ideas are not adopted automatically. They must be driven into practice with courageous patience." - ADM Hyman G. Rickover

08/08/14 - Mailed I-175 application.

08/11/14 - I-175 arrived at VSC.

08/18/14 - Received NOA1 with date 08/12/14.

08/27/14 - Received biometrics appointment for 09/09/14.

02/27/15 - GC in production from email notification.

03/02/15 - Received NOA2 with approval dated 02/25/15.

 
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