Interview after divorce

[Spring745 0]

Hello everyone,

 

the guy came to the US last summer and we were married a month later. I filed for AOS. We started having serious issue due to me discovering a lot of lies and stories that were not making sense nor adding up. He got scared that I was discovering so many things he couldn’t explain and moved out. One of the many things I discovered was he was married to a woman he introduced to me as his sister. 

 

He filled out the AOS form and I only signed and mailed. It wasn’t until 2 months after he moved out that I started looking at the pdf of the AOS form and I discovered he has a child that is 6 yrs old that shared same name as him( junior) and he wanted the child to be able to come to US in the future. 

 

When I confronted him with it, he said the child was not his that it was his nephew. He also said that was not even the child’s real name that he only put it there to sound believable. I did not know any of these before mailing the application. 

 

I immediately filed for divorce and it was finalized almost 2 months ago. We are no longer legally married. 

 

During all of these, USCIS were requesting for additional information on the AOS but it was never sent in. I was expecting the USCIS to deny the AOS since they did not receive the additional information. 

 

I just saw now that they are asking us to comein for an interview for AOS. 

 

What should I do? Should I go to the interview and tell them we are divorced? Can he still be granted green card and I will be forced to be his sponsor even though we are divorced? How can I protect myself and remove my name from being associated with his immigration issue?

[geowrian 22,335]

1) Limit unsupervised contact. You don't want him to even try to claim abuse. Somebody who deceives and lies like described is probably willing to do anything to get what they want.

2) Contact USCIS to withdraw your I-864. No I-864 = AOS cannot be approved. This will need to be in written form, or you can schedule an InfoPass appointment to do so in person.

3) No show at the interview = they won't approve AOS. You could appear, withdraw the I-864, and explain the situation there but it seems like an intense situation may develop.

4) Material misrepresentation on an immigration form is a permanent bar. If you have evidence of any of the false information submitted, you can submit that as well. It won't hurt to submit evidence of the divorce as well.

5) Bigamy is a crime.

[Pitaya 2,576]

So sorry to hear that things did not work out for the two of you. Whatever you do, do not lie to USCIS, the consequences can be dreadful. You certainly should limit your visits with him to be in the company of others, nothing unsupervised. It would likely be better, that you did not have any contact with him, make your attorney be the contact person. He may get desperate and try some shenanigans. 

 

Good luck to you.

[Roel 7,191]

Call USCIS and pull the plug on AOS. Mention the lie on the form. Mention bigamy. That's it. 

 

Also... what the hell...  putting your nephews name as your own son to make it sound believable? Believable what and how? I'm so baffled by that. 

Edited April 22, 2019 by Roel

[Going through 5,668]

3 hours ago, Spring745 said:

I discovered he has a child that is 6 yrs old that shared same name as him( junior) and he wanted the child to be able to come to US in the future. 

 

When I confronted him with it, he said the child was not his that it was his nephew. He also said that was not even the child’s real name that he only put it there to sound believable. I did not know any of these before mailing the application. 

Make *what* sound believable, exactly?

 

I'd wage a strong bet that the child is his....he wouldn't be able to sponsor a "nephew".

[belinda63 2,981]

Contact USCIS by phone and by letter to withdraw the Affidavit of support. Include with it all proof you have of his lies such as his current marriage and the lies about his child. He cannot obtain a green card through you due to your marriage not being legal since he was already married when he married you. Do not attend the interview or if you do state you wish to withdraw the affidavit of support and provide all the evidence of his fraud to the interviewer.

Separately contact the fraud unit and provide all the evidence you have of his bigamy and false statements on the application.

He has/is committing crimes if what you state is true. If he was already married his marriage to you is not valid and he has no grounds to obtain a green card through you. 

[Spring745 0]

Thank you everyone for your reply. I just finished making an appt with my local office but it will for another 2 wks. That is their earliest date available.  I am planning to take divorce decree and supporting evidences. 

 

Another question, I have not received the letter for the interview, so I don’t know which date it is for. I checked the status of the application last  night and that was when I found out about it. 

 

My new question is I don’t put anything pass him. Can he change the address with USCIS, so all the letters will be coming directly to his new address? Can he attend the interview without me and be approved in case the appt is before my infopass appt?

 

I am concerned about this because on their website when I checked status, it just said  “......As of April 16, 2019, we are ready to schedule your Form I-485. We will schedule your interview and send you a notice.....”

 

I have not received any letter and I am worried he might have changed the address and attend on his own. Can they still approve even though we are divorced and I will not be at interview?

 

[belinda63 2,981]

If you do not attend the interview the AOS will not be approved. For your protection I strongly suggest you follow the advise previously provided and take action to withdraw your affidavit of support as well as provide all evidence of his bigamy. If he fails in obtaining a green card from you he may try to con another woman into marrying him and obtain a green card that way.

[Spring745 0]

3 minutes ago, belinda63 said:

If you do not attend the interview the AOS will not be approved. For your protection I strongly suggest you follow the advise previously provided and take action to withdraw your affidavit of support as well as provide all evidence of his bigamy. If he fails in obtaining a green card from you he may try to con another woman into marrying him and obtain a green card that way.

Thank Belinda. I have made appointment for infopass. It is in two weeks. So I should get all these settle soon. I have a strong feelings he is already conning another woman. I just hope she will not be able to marry him and file for him since he entered US through me. At least that is her only hope. 

[p-ana 933]

1 hour ago, Spring745 said:

Thank you everyone for your reply. I just finished making an appt with my local office but it will for another 2 wks. That is their earliest date available.  I am planning to take divorce decree and supporting evidences. 

 

Another question, I have not received the letter for the interview, so I don’t know which date it is for. I checked the status of the application last  night and that was when I found out about it. 

 

My new question is I don’t put anything pass him. Can he change the address with USCIS, so all the letters will be coming directly to his new address? Can he attend the interview without me and be approved in case the appt is before my infopass appt?

 

I am concerned about this because on their website when I checked status, it just said  “......As of April 16, 2019, we are ready to schedule your Form I-485. We will schedule your interview and send you a notice.....”

 

I have not received any letter and I am worried he might have changed the address and attend on his own. Can they still approve even though we are divorced and I will not be at interview?

 

They’re ready to schedule the interview but they did not set an appointment yet, that’s what the status is saying so you still have time to take the steps outlined by other members

[Spring745 0]

6 minutes ago, p-ana said:

They’re ready to schedule the interview but they did not set an appointment yet, that’s what the status is saying so you still have time to take the steps outlined by other members

Oh thank you so much for clarifying it for me. I feel very relieved 

[Ben&Zian 4,397]

And we keep saying how people will lie about anything to get into the US and people still don't believe it happens.

[geowrian 22,335]

2 hours ago, Spring745 said:

My new question is I don’t put anything pass him. Can he change the address with USCIS, so all the letters will be coming directly to his new address? Can he attend the interview without me and be approved in case the appt is before my infopass appt?

Yes. The application is his application. He can change the address for his application.

He can attend the interview without you. But without a strong reason (supported by evidence) for not showing up, AOS will be denied. A good example is military deployment.

 

2 hours ago, Spring745 said:

I am concerned about this because on their website when I checked status, it just said  “......As of April 16, 2019, we are ready to schedule your Form I-485. We will schedule your interview and send you a notice.....”

Good - they haven't even scheduled the interview yet. That's just a status indicating that they are ready to schedule an interview once an open slot appears and those ahead of you are scheduled.

The next status update would be that an interview has been scheduled...assuming it's not denied before that due to withdrawing the I-864.

If you do successfully pull the I-864, don't worry if the status online doesn't reflect this right away or even if it reflects an interview being scheduled. USCIS is extremely slow...it'll take some time for the withdrawal to be reflected.

 

2 hours ago, Spring745 said:

I have not received any letter and I am worried he might have changed the address and attend on his own. Can they still approve even though we are divorced and I will not be at interview?

Technically AOS can be approved even with a divorce. But it's an extremely limited circumstance that puts a heavy burden on him. A no show pretty much seals the deal.

But as stated above, once you pull the I-864 AOS must be denied. AN I-864 from you is a mandatory item for AOS to be approved in his case.

[Amadia 711]

If he is already married, he cannot marry you and think he can get away with that just for a life in America. USCIS can and will see thru the lies he has put on the application. The interview is a formality to understand the "relationship" and have him tell them what they already suspect. 

Like others have suggested, pull your Affidavit of Support and inform USCIS immediately about the issues you have discovered about him.

 

I am sorry that you had to endure this but how long did you 2 know each other and figure each other out before committing to marriage?

[Russ&Caro 1,548]

8 hours ago, Spring745 said:

One of the many things I discovered was he was married to a woman he introduced to me as his sister. 

Life imitating art. This was a plot point in the tv series, The Americans.

 

OP, good luck at your infopass interview.