Case Pending after Stoke Interview

[tribute 0]

I have not been lucky with the Uscis at any point in time. I have been denied on I485 and I360 in the past. I finally got remarried after 3 years of being single. I have a 13 year ols son, my new wife filed for us, she is USA citizen. When we got to the interview, we answered all the questions to the best of our knowledge, we were later separated and interviewed differently. She was questioned for about 45 mins and i was questioned for about 20 mins. After the interview, I asked the officer that will there be any reason why i will not approved, and he told me that he will not be able to approved me now bcos of my past files. Meaning, i have history with them and it will require him to confer with his bosses before he can approve me. He said we did well in the interview and he didn't see any reason not approve but because of my past denials, i will need to wait a week or two and if i don't see anything i should do info pass. My question is, will i be judged by my past even though this is a new application and there are no red flag and should i be worried? should be prepared for something else?Please someone kindly advice.

Thank you

[geowrian 22,337]

Why were your previous petitions denied?

 

In general, your past applications don't really matter. But, for example, being denied due to misrepresentation/fraud could play a factor.

Edited February 1, 2017 by geowrian

[Hypnos 6,576]

As stated, it hinges on the exact reasons your previous applications were denied. 

[NigeriaorBust 4,087]

  Many people are denied based on their past records.  People that go for a visitors visa and say they are married because they think it will show ties are asked to produce marriage and divorce paperwork for the wife they never had.  People that claimed to be married to a USC and that married was found for immigration purposes will be denied in the future.   Why were you denied before ? 

[tribute 0]

i was initially denied based on discrepancies in i485 interview questions ans answers. Also filed VAWA after the marriage turned violent and was denied too. So am starting new on this filing with different marriage. I feel confident on this bcos of what the officer said but i have heard that before.

[geowrian 22,337]

3 minutes ago, tribute said:

i was initially denied based on discrepancies in i485 interview questions ans answers. Also filed VAWA after the marriage turned violent and was denied too. So am starting new on this filing with different marriage. I feel confident on this bcos of what the officer said but i have heard that before.

Thanks for the information.

 

From what it sounds like (correct me if I'm wrong)...they didn't believe you had a bona fide relationship. At that point, you were now out out of status. Then you filed for VAWA but was also denied. Since then, you have been out of status, and met a USC and got married. Correct?

 

While getting married to a USC means your overstay is ignored for AOS purposes, the fact that USCIS thought you tried to obtain LPR status without a bona fide marriage means they will likely have serious concerns about this relationship being the same. It does not necessarily mean a denial this time, but if look at it from their perspective then there is a legitimate reason to heavily scrutinize the legitimacy of your new marriage.

 

Did you ever have removal proceedings started? Did you ever have a removal order against you?

[tribute 0]

Yes i was in court but case was later terminated bcos VAWA was initially approved but Atlanta office denied the i485, so i was out of status before i met the love of my life that filed for me now

[geowrian 22,337]

Alright, thanks for the update. Well, I think I answered what I could here in regards to your question - your past immigration experiences will be taken into consideration. The fact that they had a stokes interview usually means they suspect something isn't right. Anyway, at this point,it's a waiting game to hear back on what they say.

[tribute 0]

Thanks for following up. The last question is even though the officer who told interviewed me said he was OK  with the interview and will have no objection to approval but has a lot of other interviewee waiting and has to clear the past files with his supervisors. Doesn't this matter? 

[geowrian 22,337]

2 minutes ago, tribute said:

Thanks for following up. The last question is even though the officer who told interviewed me said he was OK  with the interview and will have no objection to approval but has a lot of other interviewee waiting and has to clear the past files with his supervisors. Doesn't this matter? 

He may have thought everything was fine, but given your history, it still needs to go through other people. I wish you the best of luck.