2nd marriage, 3-year wait, 2 interviews, no answer on the spot.

[donuthole 1]

Hi everyone,

Back in 2007 I married my former spouse, a USC who at that time I was in love with. Throughout our relationship I discovered that my wife was a major stoner. She would smoke at work, in the car, at home - anywhere. We both were young and naive, so I didn't see her habit as a threat to our marriage. Eventually, we filed the paperwork by ourselves and soon were scheduled for the interview. The morning right before the interview she got so high that it was almost embarrassing. As a result, some of her answers did not match mine, and we were sent home. Some time later I discovered that she withdrew money from our joint checking account just to buy herself some weed, which resulted in negative balance and extra charges. We started arguing more often, and eventually she moved out. We were separated for about two years until we were called for the second interview. At that time I was already seeing my current wife. I contacted my former spouse and asked her if she could go with me. During the interview we had an attorney present, and when she was confronted with discrepancies from our past interview, her answers were so absurd that the attorney asked to end the interview. The same day my former spouse filed a request with USCIS to withdraw her petition. The immigration closed my cased and sent me a NTA in which they stated that I overstayed my visa and that I was not a US citizen; therefore, I was a subject to removal. Six months after divorce with my former spouse, I married my current wife and we moved to a different state where we filed again. We had to wait for 3 years before we were called for the interview. The interview went well. We had plenty of proof, but the IO said that since my medical exam had expired, he'd have to mail me a RFE within the next week. After that we did not hear from them for two more months until one day my wife told me that we had received a notice to appear for the second interview. At the interview we were separated. I was interviewed first. The IO showed me the lease that my former wife and I submitted 7 years ago to the Immigration. He then told me that they had sent their agents to the rental place where that lease had been allegedly signed and obtained another copy of it. And on that copy my former wife's signature was missing, even though her actual name was on both copies of the lease. I was asked to explain that discrepancy. I responded by saying that I didn't know how it could have happened because I knew for a fact that we both went to the rental office to put my spouse's name on it after we got married. The IO then proceeded to question me about my current marriage. He asked about 10 questions, and once I was done, he interviewed my wife. The attorney that was with us at that time said that we did great and that our answers matched completely. The only issue was that lease from 7 years ago. When my wife asked the IO if we'd have to come back again, he said no and told her that we should receive the answer in January. After we left, I realized that the IO never asked for my updated medical exam ( I was told I had to redo it at our first interview, since it expired). So, my attorney took it to the IO and later told me that the officer had apologized for not being able to make a decision on the spot, because he had to a little bit more investigation into my case and that we should get a decision mailed to us in January.
My question is, can USCIS rely on my previous marriage in making decision on my current case and what are the odds that the decision is not going to be favorable? Thank a lot.

[belinda63 2,981]

Certainly they can. They can investigate to see if there is marriage fraud. Marriage to one USC with a failed interview and withdrawn petition then marriage to another USC when you failed to appear for removal proceedings. What would you think?

[donuthole 1]

Certainly they can. They can investigate to see if there is marriage fraud. Marriage to one USC with a failed interview and withdrawn petition then marriage to another USC when you failed to appear for removal proceedings. What would you think?

My case has never made it to the Immigration Court and they have never accused me of a marriage fraud, though. Plus, my current case was on hold for 3 years after the documents had been submitted, which makes me think that they were indeed investigating me all this time.

Edited December 7, 2014 by donuthole

[Boiler 43,425]

What does your lawyer say?

[belinda63 2,981]

"The same day my former spouse filed a request with USCIS to withdraw her petition. The immigration closed my cased and sent me a NTA in which they stated that I overstayed my visa and that I was not a US citizen; therefore, I was a subject to removal."

It went to immigration court, you didn't. At least from what you have written that is what I am reading. They can deport you in absentia. It is possible you have been or are currently in deportation proceedings.

They don't have to tell you anything other than approved or denied. They can investigate your prior marriage, your employment, your friends, facebook, anything they want. I would just sit tight and not make waves.

[donuthole 1]

"The same day my former spouse filed a request with USCIS to withdraw her petition. The immigration closed my cased and sent me a NTA in which they stated that I overstayed my visa and that I was not a US citizen; therefore, I was a subject to removal."

It went to immigration court, you didn't. At least from what you have written that is what I am reading. They can deport you in absentia. It is possible you have been or are currently in deportation proceedings.

They don't have to tell you anything other than approved or denied. They can investigate your prior marriage, your employment, your friends, facebook, anything they want. I would just sit tight and not make waves.

You are correct, the case probably did go to court. However, the hearing date has never been set. I've been calling the court at least once a week for the past 3 years, and the message I was getting was "the alien registration number is not found in the system or your case has not been filed with the court yet".

[donuthole 1]

What does your lawyer say?

The lawyer said that our interview went great, and the IO did not appear to have any doubts about my current relationship, so I'd have to wait for the answer, and if everything with my current spouse checks out, I should be approved.

[Pitaya 2,576]

What type of visa are you adjusting from?

Your timeline is absent. It helps everyone that uses the forum, or is helped by the forum.

[donuthole 1]

What type of visa are you adjusting from?

Your timeline is absent. It helps everyone that uses the forum, or is helped by the forum.

I initially came as a J-1 student.

[Pitaya 2,576]

~Moved from Fam-based AOS to WST-based AOS Forum~

~Adjusting from student visa~

[belinda63 2,981]

Re-reading this post I notice there was fraud, which may or may not be why they need to investigate more. You and the first wife had not been living together for two years and you were involved with someone else when you went for your second interview with her. Really, you went in there and pretended you had a legitimate marriage to her?

[donuthole 1]

Re-reading this post I notice there was fraud, which may or may not be why they need to investigate more. You and the first wife had not been living together for two years and you were involved with someone else when you went for your second interview with her. Really, you went in there and pretended you had a legitimate marriage to her?

No. There was no fraud. Our marriage just didn't work out. The notice for the second interview was addressed to my former spouse, not me, - and that is why I asked her if she would be willing to go. If we were asked about the condition of our marriage at the interview, we would certainly say it how it was.

[Boiler 43,425]

You have a lawyer. Forget about the current case, the issue is with the first case.

They had doubts about the first interview. Seems that they think you submitted forged document.

Second interview, was it made clear you had separated? This is the area that the Lawyer should be focussing on.

[donuthole 1]

You have a lawyer. Forget about the current case, the issue is with the first case.

They had doubts about the first interview. Seems that they think you submitted forged document.

Second interview, was it made clear you had separated? This is the area that the Lawyer should be focussing on.

The thing is, the document has not been forged. What I assume might have happened is that the rental agency somehow got two leases mixed up or they kept the old lease and gave us the copy of the one that she signed. Both leases have her name of the first page where the names of tenants are supposed to be written down, which to me would mean that there was no forgery. If the lease was forged, her name wouldn't be on the agency's copy, but it's there. The only thing that's missing is her signature. How that happened - I have no clue. I even told the IO that the rental agency should have my former spouse's DL on file. He said, he'd make a note of it in his file. I feel like it's a mess-up on the agency's part and not mine. Yet, I am being held accountable for it, even though I do understand that they must be suspicious of everyone and everything.

No. At the second interview I was asked why my spouse said this when I said that. I don't know what exactly they asked her, since I was not present when she was being interviewed.

If they were to charge me with marriage fraud, why didn't they do it in the first place, when they sent the NTA?.. If they do it now, I have no evidence to prove the contrary because it's been almost 5 years and I got rid of most, if not all, paperwork that was related to my previous marriage.

[Boiler 43,425]

I keep on thinking that you have a Lawyer but it seems the Lawyer is not fully involved.

Marriage Fraud is a big deal. To deport you all they need is that you are not legally here so why bother going nuclear?

Sounds like you attended the second interview and failed to mention that you had split up, I am putting it kindly.