VWP AOS Interview went wrong...

[Davide and Nessa 1]

Hello visaers!

 

Last wednesday (02/21/2018) Nessa and I had our interview at the USCIS Field Office in Des Moines IOWA. We had scheduled our interview at 9.15 but we wait a couple of hours to get inside the interview room.

 

Everything was going good at the beginning. Did the oath, the picture, fingerprint and the questions started. Basically he was reading and asking the same questions as they appear in the forms to me (i-485) and to my wife (i-130). At some point he told me that he doesn't have the form G-325A from my wife (US Citizen). Politely I said to him that according to the form instructions she has to (and we did it) fill out the form I-130A. He says that is not true. He is gonna send us a RFE because we need to send that paper back. I said to him, ok no problem.

 

At some point he asks my wife about her past, she tells him the truth. She had some legal problems and she did time in jail. From that point the officer separated us and became really, really "short/blunt".

 

It felt like a noir film. Lots of questions about every single details of our live together, questions like why I don't care about my wife's past, why I left my job in Europe, who make dinner last night, what we did for breakfast this morning, etc. He asked her about why I don't care about her criminal past, if I ever said to her that I wanted to immigrate to america, blablabla... at some point officer tells my wife if she has any apprehension of our case. My wife didn't understand and the officer says if she's concerned about legal problems. She starts to cry and she says to him than the only thing that she's scare of is to lose her husband and to not be able to raise our child by her own (she's pregnant).

 

Officer asks for proof of bona fide marriage. My wife is nervous and gives him a lot of papers with bank statements, joint tax returns, photos, sworn affidavits, credit cards in common, letters and title and insurance for a car we bought together. Officer says why we didn't do photos in our wedding, she said that we didn't planned a wedding, that we married last minute because she didn't want me coming back to europe. Officer says, ok we have finished here and gives my wife a paper that says we will be mailed and RFE.

 

Driving back home my wife starts to cry like crazy, I never saw her like this before and my heart brokes. 5 hours after the interview we got the following message: New Card Is Being Produced

 

Holy manoly!! We did it my love!! Now Dave & Nessa are happy together waiting for her daughter to come to this world!!

 

 

 

But now I just have a question, it is true that we sould send the form G-325A for the US Citizen as he told us or was I right?

[geowrian 22,341]

Congrats!

 

It's a little odd that they separated you to ask questions, but don't take it personally or try to read too much into it. They're just doing their job. You have a real marriage and it came out, so in the end it sounds like it all worked out.

 

Whether or not you were supposed to file the G-325A depends on what edition of the I-130 you filed. Based on your VJ timeline, I think you filed during the transition period between forms. So maybe they were confused, or maybe you used a prior version that needed the G-325A (and you sent the I-130A instead as it was available for the newer I-130 available)? Note that the I-130A is only for the spouse beneficiary...so if the IO wanted a G-325A from the petitioner, then I'm assuming you used the older I-130.

 

Either way, I'd send the G-325A just in case. I'm thinking it's not actually needed since it sounds like the case was approved. But it should literally takes minutes to complete the G-325A and put it in the mail anyway.

[Starkilla09 366]

Some USCIS officers can be so contradictory and will often power trip even if they’re wrong. You’re right the new instructions don’t require G-325A anymore since I-130 A is the standard.  By the way congratulations you’re already approved. Wonder how an RFE will play on this with your new approval though.

[Davide and Nessa 1]

Thanks everyone!

 

Well, according to my wife, the IO told her to complete the form while I was been questioned. She dropped the form at the reception desk telling the security officer that Officer XXXX wanted that paper in his mail box. So that probably helped out, right? 

[azblk 338]

Congratulations.

[Davide and Nessa 1]

It is true that after 3 years of marriage, we can apply for a naturalization for me?

[geowrian 22,341]

4 minutes ago, Davide and Nessa said:

It is true that after 3 years of marriage, we can apply for a naturalization for me?

It's three years of permanent residency (i.e. green card) + being married to a USC for the entirety of that 3 year period (plus all the other normal requirements, obviously). You can apply 90 days prior to that 3 year date.