Notice of intent to deny... what?!

[Usagi_tsukino 89]

If this was about financial issues they would have RFE'ed you about it or mentioned it.

If you want to add financial stuff look over the ROC list in the guides where you can find lots of ideas on

co mingled things to use. I don't think that is the issue though.

Thank you, i will! Im looking at your signature, you are waiting for about as long as us... and you arrived on K-1.. Oh gosh. Good luck!

Well most of the questions during the interview were actually about our apartment. Like they think we don't live together? We lived in this place since before we got married and nowhere else. I spent one night in my friend's house since then, he is here every day.

In the 2nd RFE they asked for proof of joint bank accounts, we submitted statements from those 3. One question at the 2nd interview was how many joint bank accounts we have.

[Ash.1101 1,755]

I noticed in your signature that your medical and fingerprints expired. Did you get those done before the second interview? You can do the medical on your own and most places allow for walk-in biometrics, did you ask in the interview about these things?

While you did receive a service response saying it's pending supervisor review, those are just online responses and aren't always done by people handling the case, they don't really go into incredible detail in them and they also most likely don't know you talked to a supervisor. Shoot, when I got responses to my husbands SR, it was weeks after the question was answered.

I think it's possible they could technically deny based off the expired medical and biometrics as it makes your case incomplete, while their fault for taking so long, I don't see them giving an RFE after the second interview.

Also you said you had two RFE's, what was the first RFE?

[Usagi_tsukino 89]

I noticed in your signature that your medical and fingerprints expired. Did you get those done before the second interview? You can do the medical on your own and most places allow for walk-in biometrics, did you ask in the interview about these things?

No.. I was the one who got interviewed first. At the beginning the officer said that "1 of 2 things will happen today: either you are approved you will be issued a NOID". So i thought, ok, there is no reason to remind her about my fingerprints/medical since she said that we will get approved today! So i didn't say anything. Then my husband went inside, and when they were done just him and the lawyer walked out to the hall. I never saw the officer after. After the interview the lawyer said that there is no reason to ask for it right now anyway, because fingerprints and medical are for i-485 and the issues are with i-130. Since there is something about i-130 that needs to be resolved first, they won't schedule me for fingerprints. I don't know may be we should have asked anyway... but i can't even imagine anymore what is going to happen and how long it will take, so...

I think it's possible they could technically deny based off the expired medical and biometrics as it makes your case incomplete, while their fault for taking so long, I don't see them giving an RFE after the second interview.

By RFE you mean medical and fingerprints? I think when/if they approve i-130 and get to i-485 they will probably see that it expired and tell be to do them again. Unless of course they forget or won't notice. Like when the officer said "either you are approved you will be issued a NOID", assuming she actually didn't know what will happen at the end of the interview, and if we perfectly matched all the answers, would we get approved without biometrics and medical? Weird, but thats what the officer said.

Also you said you had two RFE's, what was the first RFE?

It was before the 1st interview, soon after we filed i-130/i-485. It said that my husband does not make enough to be my sponsor, even though he does and we submitted everything that was required. So in addition we mailed the letter from his boss that said that he makes this and this and his paystubs. I think it was just uscis mistake.

Edited December 29, 2016 by banana_princess

[Usagi_tsukino 89]

Do you guys know if NOID needs to be reviewed by officer's supervisors? Because if we assume it was mailed on wednesday (she said she will have it ready on Tuesday) we would get it today, but it didn't arrive today and we already got all our mail. The case is not updated either. Does it usually get updated when NOID issued, anyone knows?

Edited December 30, 2016 by banana_princess

[caliliving 606]

yes before it is mailed you will get a status change online saying 'we mailed you the status update to your i485'

it is a holiday. they can take up to 120 days to mail it out!  even though they said they will mail it out sooner, we all know how they like to take there time.

i think it is also a cultural thing.  i know that when i went in to my interview i smiled, nodded, tried to start friendly chat with the IO.  just like every time i crossed the border i was alway ssmilking and just asking what is said.

my feeling i they know as soon as you walk in to the interview together whether it will be a stoke or not.. i think you dont have too many red flags.. how do you 'look' together? would you say you guys fit well together? how is your vibe? body language? i overstayed 3yrs and it wasnt even brought up at the interview and i also worked 'unauthorized' paying taxes and all that and that wasnt brought up so i dont think those are your flags.

i think it could be the timeline of moving in with him and him still being married, your attitude and how you guys look/act towards each other. Also, i have seen more J1/F1 overstay get stokes then visitor overstays.

you just need to wait paitetly and not leave the country.. you should also be much nicer when you speak with another agent (they can call you in for another interview) and you can always do your case in front of an immigration judege - that is like the final straw.  I am certain you will get approved in the end, you just need to not be so emotional/angry. be happy you are in the USA and you seem to be working.  

[Usagi_tsukino 89]

34 minutes ago, caliliving said:

yes before it is mailed you will get a status change online saying 'we mailed you the status update to your i485'

it is a holiday. they can take up to 120 days to mail it out!  even though they said they will mail it out sooner, we all know how they like to take there time.

i think it is also a cultural thing.  i know that when i went in to my interview i smiled, nodded, tried to start friendly chat with the IO.  just like every time i crossed the border i was alway ssmilking and just asking what is said.

my feeling i they know as soon as you walk in to the interview together whether it will be a stoke or not.. i think you dont have too many red flags.. how do you 'look' together? would you say you guys fit well together? how is your vibe? body language? i overstayed 3yrs and it wasnt even brought up at the interview and i also worked 'unauthorized' paying taxes and all that and that wasnt brought up so i dont think those are your flags.

i think it could be the timeline of moving in with him and him still being married, your attitude and how you guys look/act towards each other. Also, i have seen more J1/F1 overstay get stokes then visitor overstays.

you just need to wait paitetly and not leave the country.. you should also be much nicer when you speak with another agent (they can call you in for another interview) and you can always do your case in front of an immigration judege - that is like the final straw.  I am certain you will get approved in the end, you just need to not be so emotional/angry. be happy you are in the USA and you seem to be working.  

Thanks a lot for this kind reply. I think i'm getting better, at least with my anger. In fact now i find myself being sad... (am i going thought 5 stages of dying? lol). We are trying to scramble every piece of evidence we have, like text messages between us and our friends reading which you can tell that we are a real couple... for example my friend texted me that me and my husband (his name) should get some mobile plan because it will save us money, and similar ones. I hope those count. Our old Facebook messages from when we were dating. Unfortunately bunch of messages got deleted because we never thought we would need them. I got a copy of the paper i filled out in a doctor's office where he is listed as my emergency contact. We have affidavits that weren't yet submitted too.

When we went to the first interview i was really nice too, so as the officer. I thought the first interview went great. I think we look fine together... it's hard for me to tell, but i'm pretty sure you can say that we are husband and wife or bf/gf because there were situations where people who didn't know us just assumed that and nothing else.

Yeah my overstay wasn't brought up on either interview, but also this interview was not about i-485 (basically, not about me), it was about i-130.

I have J-1 friends who went though this same process, everyone got approved either at the 1st interview or in less than a week later (one person). Some of them overstayed longer than me.

You think they can call us for a 3rd interview? After we reply to NOID? Omg, i kind of thought that reply to NOID is the final step before the decision is made... such a long process....

Edited December 31, 2016 by banana_princess

[caliliving 606]

yes they can call for another intervierw - basically you will give more info. if they do deny you then you will just give your case to an immigration judge.  not sure who your lawyer is but he should have prepared you better and told you to be nice, smile, do some small talk, and just answer the questions given... did he go over an interview with you guys at all? also, he should have prepared you for the stokes when you got called in a second time!  he should also be well informed with the next steps.

most immigration lawyers are paid for the entire case - i have spoken to lots and most arent hourly. you also can print off FB pages where it shows you went away together.

you said you met his family and friends? have a bunch of pictures (you can put like 10 on a page) and print them out in color that show you with his family at christmas, on a trip together, with friends - group them like sequential all together.  

your first interview was so quick - maybe with all the losing information ect they had someone look over your case file and find something they didnt like? you will find that out in the NOID.

 

[Usagi_tsukino 89]

The lawyer had a talk with us and basically went thought everything again trying to figure out what could be the reason for the 2nd interview, she did not ask us possible questions and in fact i was the one who asked the lawyer if they could separate us and the lawyer said yes.

The lawyer went through the interview with us after, she also has copies of the papers with our answers that we signed.

Yeah we do have pictures with family and friends, and we took a few trips since our first interview, have e-tickets/boarding passes and photos. We printed fb pages, it was kind of fun to look all the way back 

What bothers me a little is that we had affidavits, printed fb pages (some, we printed more yesterday), new photos and boarding passes at the interview but the lawyer said not to submit them yet. I really hope that if the NOID says that we do not have enough evidence or something like that the lawyer will take everything we have and won't save anything for later just in case.

Edited December 31, 2016 by banana_princess

[grumpybrit 22]

Hey did you get the notice yet?

[Usagi_tsukino 89]

2 hours ago, grumpybrit said:

Hey did you get the notice yet?

Nope, no notice, no online updates.

[caliliving 606]

it will update online first! today is a holiday!! i wouldnt expect a letter for 30 days.

mine updated online and i got it like a day later. you get 30 days to respond to the NOID but it will say whats there! it could be something completely different then what you are expecting! i know its hard, i would relax:( 

 

[Usagi_tsukino 89]

1 minute ago, caliliving said:

it will update online first! today is a holiday!! i wouldnt expect a letter for 30 days.

mine updated online and i got it like a day later. you get 30 days to respond to the NOID but it will say whats there! it could be something completely different then what you are expecting! i know its hard, i would relax:( 

 

Thanks  Yeah, besides since we just added each other as authorized users to our credit cards and the credit cards didn't arrive yet, may be it's for the best. Same with electric bill. Hopefully there will be enough time for an actual bill to arrive by the time we need to reply to the notice. You had a noid too? What did yours say?

[caliliving 606]

Anyone can add someone to a credit card..I don't think that will make a difference and I don't think that is your problem. U will know when u get the letter!

[Transborderwife 4,666]

9 hours ago, caliliving said:

Anyone can add someone to a credit card..I don't think that will make a difference and I don't think that is your problem. U will know when u get the letter!

I disagree.  it's providing proof that you trust your spouse financially

[Usagi_tsukino 89]

Can you guys help me find information about who cannot file i-130. I believe came across some information that some people with criminal record and mentally ill people are not allowed to file (may be i'm mistaken, i don't remember), i'm trying to google it but can't find anything.

 

About credit cards, @caliliving i don't even know, i have no idea what they want and i actually find it weird that we had to do it just for them. The way it was worked for us just fine. We had separate credit cards, but all our bank accounts are joint, so let's say if my husband spent all the money in the bank i would not be able to pay my credit cards, so doesn't it show trust too? We showed them our relationships the way they are, and we still had strokes interview. Like i mentioned before it was mostly about our apartment... and if my husband for some reason can't file i-130 then why have strokes with us... seems to me like they just don't believe our marriage. Also, they may have made a mistake or may be they lost some evidences, like our pictures? (I'm basing it on what happened on august 9th 2016) Anyway, still no notice. I'll go to info pass in about a week and ask if anything was mailed to us.

Edited January 3, 2017 by banana_princess