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jells91

Worried about RFE and being denied.

By jells91 in Removing Conditions on Residency General Discussion

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jells91 Rookie

jells91   0

Posted
Filed: Lift. Cond. (pnd) Country: Jamaica
 Timeline
Posted

Hello! Thanks for taking the time to read.

My husband and I had our interview, which went absolutely horrible. Out attorney was late, we did not have enough evidence and the io was incredibly intimating and unwelcoming. She barely said a word and typed for the majority of the interview.

The evidence she requested was:

Affidavits from our parents: we are a young couple and I still lived at home, because I'm in school.

Their licenses with their signature

Our w2s and last year taxes.

I'm worried because last year we didn't file together. We filed married but filing separately since we did not live in the same home and I would receive more if my mother claimed me. Is that an issue?

At this point I'm expecting the worst which is him being denied. What should we do? He's been in the states since he was 6 and we have been married since December 2010. The reason he is doing this because when he came up, his parents never did his documentation.... Sigh. I'm very worried and out attorney is not the very best.

Thanks so much!

kamw Collaborator

kamw   93

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

There isn't anything you can do right now until they make a decision. Just hope for the best and if you're religious- pray.

If the worst happens then they will tell you exactly why they denied you and you'll have to refile and fix whatever the issue is. If i were you and that did happen I'd fire the lawyer- doesn't sound like he did a good job ensuring you guys were prepared.

09/27/14 Married :content:

12/03/14 Became a US citizen :star:

. .

02/25/15 130 Petition sent

02/27/15 NOA1 date :clock:

07/23/15 NOA2 date

08/03/15 Mailed to NVC

08/07/15 NVC Received

08/19/15 Case number assigned, submitted DS-261

08/20/15 Paid AOS bill

08/25/15 Received welcome letter

08/25/15 Sent AOS & IV package

08/31/15 DS-261 reviewed

08/31/15 AOS & IV scan date confirmed by Sup.

09/02/15 Received IV bill by email

09/03/15 Paid IV bill

09/09/15 Submitted DS-260

09/17/15 Case Completed @ NVC

10/06/15 Expedite Request sent to NVC

11/12/15 Contacted Sen. Marco Rubio for assistance with expedite by email

11/19/15 Expedite Approved

12/9/15 Medical

12/11/15 Interview (Approved)

12/14/15 CEAC Status changed to AP

12/15/15 CEAC Status Changed to Issued

12/18/15 Picked up Passport & booked hubby's ticket.

12/31/15 Ring in the New Years together after 4 years!!!! :dancing:

event.png

Ebunoluwa Veteran

Ebunoluwa   6,136

Posted
Filed: AOS (apr) Country: Cyprus
 Timeline
Posted

But if it's denied... Could we wait it out until 5 years of marriage? I read somewhere if you're married for 5 years and in the states for 3 (or something) they do not need evidence.

No. That is incorrect information.

Consider yourself lucky that they only requested 3 items from you. Surely you can come up with it ?

Having filed married but separate is not a hurdle.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Jawaree Grand Master

Jawaree   718

Posted
Filed: Timeline
Posted

No they'll always needs evidences to allow you to become a resident

The IO was concerned about te marriage &why so young which formulated

questions in her mind, quit worrying & get all the evidences from parent

she may just want to see if they had a good feeling about this marriage.

Tf you lived in your parents house &was claimed by them then that's the truth,

be sure all you both are saying adds up, dates etc IO may want to see if the marriage

will stand up after a denial...of course you can re-petition just don't use that clueless

atty that sat there & did not try some damage control

 
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