Very frustrating received an appointment letter for a second green card interview! Really need advice !

[katie1990 23]

Your case seems too complex for VJ; but a couple of things that called my attention (which could be the same things that called USCIS attention): 1. Husband is arrested and go in removal procedures in Feb 2012; he then marries you in 2012 (month unknown, Was it after this arrest and the bond?), since you noted that you both have been together for several years and married in 2012, then there is the non-intermingle of finances and his incorrect answer as to when you got married; well, you can see how it would look to USCIS. 2. You noted he lied to the police, but did not state what was the reason the police stopped him or what was the case (if anything).

Seems like they want to clarify things. With the several issues going, it can be quite easy to get things mixed or confused. But, you got a lawyer and that is the smart thing to do in this case IMHO.

Yes we got married after his arrest and bond, but lets be clear, I was an illegal as well, So it wouldn't look weird to USCIS because I was an Illegal Marrying an Illegal, and we got married because we were pretty sure he'd be getting deported and I was going to leave with him to Mexico. I got my green card well after we got married, and it was by pure coincidence that his attorney happened to ask me and I told him about some papers my father had submitted for me years ago. We don't intermingle finances because I don't work, I've always been a housewife and he has provided for us, so there is no reason for us to intermingle finances if have no money to provide, he gives me money every week for myself if i ever want to buy myself something, and he pays all the bills,food,rent, everything. He lied to the police when one day his friend was driving and he was the passenger on their way to work, the police stopped them, he asked my husband for his name, he gave them a different name because he knew he had a warrant for not paying a court imposed fine.

[katie1990 23]

This could be the best guy in the world, with just bad luck, but I just read it as this guy seems to have police around him way too many times, you might want to acess the whole situation, as how many more times with run-ins with police.,.,.,and he does not work.,., must respect your judgement of him.,.,.,but, it just does not read very well for him.,.,.,.he is certainally not a "star" husband.,.,.,just with what I read, about him, and your words!

Yes he has had run ins with the police, but he is the best husband and father to my kids I could possibly ask for! Most of the times has been bad luck for him, He is a very hard working person, but it seems like he has bad luck with police always stopping him , obviously his crimes were very petty, which is why Immigration Trial Attorney didn't oppose his terminating removal proceedings he himself said there is nothing that can preclude him from getting a green card.

[katie1990 23]

Good luck with the interview, to be fair it sounds like he hasn't helped himself with the police issues though!

Thank You, see thats the weird part that I don't even think the issue is the criminal activity, because like I said even the Immigration trial attorney told the judge that he agreed to terminate his proceedings because there is nothing on his record that precludes him from getting a green card, I just don't know.

[Carla V 43]

Hope for the best for you both! Wish I had an advise but the case is way too complicate

[lamigra 2]

Several of the responses to your predicament are valid. I am a retired CIS adjudicator and have conducted thousands of interviews. The interview could have been rescheduled for a number of reasons. Quite often, officers will retire or be transferred and have a lot of pending cases that are divided among the other officers. In many cases, the first officer may have not had complete notes and the officer that inherited the case may need to reschedule in order to make a decision. The I-864, Affidavit of Support, is usually adjudicated at the National Benefits Center and will not move the case forward until the Affidavit is determined to be sufficient. If your father acted as the joint sponsor then he would have to show that his income was sufficient. How did he earn money in the "joint"? Did he use his assets? It sounds like you may have also gotten a new adjudicator who wasn't sure what to do. If something was not signed, that falls on your lawyer. That's why you paid him.

Your prior marriages may bring up a red flag. Have you petitioned for other aliens? Has your spouse been married before to a citizen or resident who petitioned for him?

Prior to the interview, your spouse had to appear for biometrics. Maybe his fingerprints picked up something that he did not admit to. Seriously, I've had people, generally Central Americans, who didn't realize the fingerprints they provided in California are the same fingerprints they have in Texas.

I can tell you that if he is entitled to a benefit, he will get it. I know that I adjudicated many cases that I had to hold my nose while I approved them.

[katie1990 23]

That's a whole lot of bad decisions/illegal activity. Let me get this straight, he has a cosponsor who's been in jail for a decade? How does that even work?

No the original sponsor which is my father, is incarcerated and has been for 10 years. Just because someone is in prison it doesn't make them ineligible from sponsoring someone, which is why my green card and my mothers green card was recently granted. We just needed to have co-sponsors. So since he's incarcerated obviously he has made no income and hasn't made his taxes so the officer wanted proof that he is incarcerated.

[aussie_jason 195]

Petitioner would be the more accurate term, I think that is what caused the confusion.

[katie1990 23]

Several of the responses to your predicament are valid. I am a retired CIS adjudicator and have conducted thousands of interviews. The interview could have been rescheduled for a number of reasons. Quite often, officers will retire or be transferred and have a lot of pending cases that are divided among the other officers. In many cases, the first officer may have not had complete notes and the officer that inherited the case may need to reschedule in order to make a decision. The I-864, Affidavit of Support, is usually adjudicated at the National Benefits Center and will not move the case forward until the Affidavit is determined to be sufficient. If your father acted as the joint sponsor then he would have to show that his income was sufficient. How did he earn money in the "joint"? Did he use his assets? It sounds like you may have also gotten a new adjudicator who wasn't sure what to do. If something was not signed, that falls on your lawyer. That's why you paid him.

Your prior marriages may bring up a red flag. Have you petitioned for other aliens? Has your spouse been married before to a citizen or resident who petitioned for him?

Prior to the interview, your spouse had to appear for biometrics. Maybe his fingerprints picked up something that he did not admit to. Seriously, I've had people, generally Central Americans, who didn't realize the fingerprints they provided in California are the same fingerprints they have in Texas.

I can tell you that if he is entitled to a benefit, he will get it. I know that I adjudicated many cases that I had to hold my nose while I approved them.

Thanks for your reply, definitely makes me feel better that there might be other reasons why we were called for another interview, not just because something bad came up. My father is the original sponsor, not the joint sponsor, since his income is zero, we had to use someone else as a joint sponsor. Ive never been married, I'm only 23,he has never been married either, There is nothing more that could have came up he has never been arrested before and has never committed any more "crimes" We even sent his fingerprints to the FBI check and the California department of justice check, they all came up with what has already been said. I know that for me it took almost a year for the officer to grant my green card , she called me into her office once about 4 months after she had interviewed me because she wanted me to get my fingerprints done again because something came up .

Petitioner would be the more accurate term, I think that is what caused the confusion.

Thank You, you're right my father was the petitioner.

Sorry I don't want to confuse even more, when I mean something came up, i meant on her end, she mismanaged some paperwork or someone else did while she was on vacations.

Hope for the best for you both! Wish I had an advise but the case is way too complicate

Thank You for the well wishes, we definitely need them !

[Gosia & Tito 199]

Yes we got married after his arrest and bond, but lets be clear, I was an illegal as well, So it wouldn't look weird to USCIS because I was an Illegal Marrying an Illegal, and we got married because we were pretty sure he'd be getting deported and I was going to leave with him to Mexico. I got my green card well after we got married, and it was by pure coincidence that his attorney happened to ask me and I told him about some papers my father had submitted for me years ago. We don't intermingle finances because I don't work, I've always been a housewife and he has provided for us, so there is no reason for us to intermingle finances if have no money to provide, he gives me money every week for myself if i ever want to buy myself something, and he pays all the bills,food,rent, everything. He lied to the police when one day his friend was driving and he was the passenger on their way to work, the police stopped them, he asked my husband for his name, he gave them a different name because he knew he had a warrant for not paying a court imposed fine.

As I said, it seems like USCIS is looking for clarifications.

One thing that I'd be cautious about: he gave incorrect marriage dates 3 times. I wouldn't get past it USCIS that they will put together a questioning scenario where he could make 'mistakes' around his runnings with the police and determine if there is something less than the truth in the petitions...after all, not remembering a marriage date is not illegal but raises other questions.

Lying ot the police by giving a different name might seem minor but the narrative you posted seems to indicate he's quick in not telling the truth to authorities and if I were on the USCIS side (the 'authority' here), I'd be asking myself whether what is on the petition is true or not (and not saying it is, just how it looks); remember, all USCIS has to make a determination is the facts of his runnings with the police/law and the results of the past interview.