Possible next steps if I-751 was denied

[USC4SPOUSE 506]

10 hours ago, Leo&Muffin said:

I’m new to the platform so not sure how to respond to individual posts. I am the US citizen and sponsored my wife through our marriage. Just to be clear from my original post, we were never separated or lived in different locations since we got married, even when he had issues. The only reason my wife flew to another state in the first place was to visit her younger brother and the plan was only be there for 2-3 weeks, this was before we found out she was pregnant. We found out my wife was pregnant when she was in that state (about 2 weeks later, she did not conceived in that state), she went to an OBGYN and she had a high-risk pregnancy and the doctor strongly adviced against travels due to that risk and COVID - that’s the whole reason we decide it was best for her to stay with the relative until things got better. We told the whole truth to the officer at the 2nd interview, we just did not disclose the time we had issues because we did not feel a need to at that point. And I do understand giving mismatches answers has lead us to this stage, our concern is how to best explain this at the upcoming interview without further damaging our chance and best options to go if worst case scenario happens. 
 

Regarding our marriage issues, we all made mistakes, I did something first which lead to my wife being upset and had a one-time thing with an acquaintance of her (what a chance). Anyways, I am the father on the birth certificate and be there for her during the entire pregnancy + birth. The bio-father is not in this picture. We were so sure baby is mine even at the 2nd interview and after he was born but appearance wise, we could tell as he gots a little older. Proofs wise, we have pretty much eveyrything together, tax, joint bank accounts, utility bills, health + auto insurances, affidavits, tons of pictures….

 

@mindthegap we still want to be married to each other so I don’t think the option of her getting a new marriage would work in our case. Just a side question, she intends to go back to grad school, will she be legally apply for and remain to stay in the US on an F1 international student visa then if the LPR status terminated? 
 

 

@Leo&Muffin I just have to ask how you got to this point. Most I-751s are approved without an interview. Did you send evidence of bona fide marriage since the date of the marriage? 

Every time USCIS calls you for an interview is an opportunity for you to show up pulling a carry-on suitcase full of evidence of bona fide marriage. You need to lawyer up. At the next interview, you need to show up with evidence since the date of the marriage until the present date to put this issue to rest. So look back at what you initially sent them, which likely was not enough and start filling in the gaps for them. 

 

Here is an example of a very comprehensive I-751 filing. Do not do the whole :"I am going to send them a selection of quality evidence. One statement per quarter". They want everything since the date of your marriage. So I guess, you should have 5 solid years of evidence to show. If you have it, show it to them. IF they say they don't need additional evidence, YOU INSIST. They do not have to accept but you have the right to ask them to add that evidence to the file.

 

 

 

Edited July 23, 2021 by USC4SPOUSE

[Boiler 43,432]

There is a Lawyer involved, I assume the Lawyer has come in of late and is looking at what can be done now.

 

With a situation like this I assume the Lawyer has only recently been involved and a lot of the damage has been done.

[Leo&Muffin 4]

I’m not trying to violate any of the forum’s rules, just personally feel some of the comments didn’t address my original questions or really matter in our situation at all.

 

Please keep in mind what works for you doesn’t necessarily mean it will work for other people or they could afford to do it. She didn’t just fly to a closeby state, it’s over 2,500 miles (coast to coast) if driven by car. I also have a full-time job in the state I’m at. And she did not just rush to the OB when she found out, we’ve tried to conceive for years with some unfortunate events in the past, so our first thoughts was just simply that we wanted the OB to confirm the pregnancy and did a full checkup. It’s also a personal decision on how you deal and live your life with the pandemic, this is just how our family is, we avoid crowded place and interactions in general. No judgement on how others act otherwise. 
 

Anyhow, we have no excuse for what already happened or why we should or should not do something, and I’m not sure how to explain it any further…

 

We’ve used the same attorney since the beginning of the I-751 process and even he was surprised that we got called for the 2nd interview as the 1st one was short and nothing out of the ordinary (his quote), and now the 3rd one…. we do hope he knows what he’s doing as switching to a different attorney would not be the best option at this point (we’ve called around and other attorneys insisted we should keep going with our current one). 

 

 

 

 

 

[Rocio0010 5,562]

5 hours ago, Leo&Muffin said:

I’m not trying to violate any of the forum’s rules, just personally feel some of the comments didn’t address my original questions or really matter in our situation at all. But we need to know the answers in order to fully understand the situation. If we can’t understand it, then probably USCIS can’t either, and maybe that’s how you got to this situation.

 

Please keep in mind what works for you doesn’t necessarily mean it will work for other people or they could afford to do it. Sure. Just because something works for me it doesn’t mean it’s going to work for you, or viceversa. But you’re saying she flew across the country. If finances are bad, how could you afford but? She didn’t just fly to a closeby state, it’s over 2,500 miles (coast to coast) if driven by car. I also have a full-time job in the state I’m at. And she did not just rush to the OB when she found out, we’ve tried to conceive for years with some unfortunate events in the past, so our first thoughts was just simply that we wanted the OB to confirm the pregnancy and did a full checkup. So according to you, you’d been trying to conceive for years with some mishaps, and now that she’s finally pregnant you don’t see her by months, because of the pandemic but actually flights between States have never been cancelled. If I were trying to conceive and we’d managed to do it, my hubby would be on the next plain over the weekend. See what I mean?It’s also a personal decision on how you deal and live your life with the pandemic, this is just how our family is, we avoid crowded place and interactions in general. It’s true that everybody deals with the pandemic however they want to. However, if you’d been avoiding interactions in general, she wouldn’t have travelled to visit her brother. No judgement on how others act otherwise. 
 

Anyhow, we have no excuse for what already happened or why we should or should not do something, and I’m not sure how to explain it any further

We might be able to help you better if you answer these questions, Please!!! ALL OF THEM!

 

- Where is she from?

- What’s your age difference?

- Any previous marriages?

- Any previous visa overstays?

- What were the questions you guys got wrong?

- What evidence did you submit with your original package?

- How did the AOS interview go?

 

We’ve used the same attorney since the beginning of the I-751 process and even he was surprised that we got called for the 2nd interview as the 1st one was short and nothing out of the ordinary (his quote), and now the 3rd one…. we do hope he knows what he’s doing as switching to a different attorney would not be the best option at this point (we’ve called around and other attorneys insisted we should keep going with our current one). 

 

 

 

 

 

 

[Boiler 43,432]

If there is no issue what is the Lawyer thinking about, why are USCIS multiple interviewing?

[M&D2021 44]

9 minutes ago, Boiler said:

If there is no issue what is the Lawyer thinking about, why are USCIS multiple interviewing?

There clearly is an issue. My point is that there is no value to other VJ users debating or offering up suggestions to what should have been done in the past. We don't have all of the facts yet, so we don't know what issues USCIS might have. Regardless, even if the issue is that the IO has questions about why they would stay apart for that long while she was pregnant and is questioning whether their relationship is bona fide, other VJ users stating what they or their spouse would have done in that situation is irrelevant, because as far as I am aware, the OP does not have a time machine and therefore cannot go back in time to drive to pick up his spouse.

[Boiler 43,432]

People can only comment on what has been divulged.

[M&D2021 44]

1 minute ago, Boiler said:

People can only comment on what has been divulged.

Of course. But the OP is not asking for life and relationship advice. He is asking for immigration-related advice. So again, there is no value to other VJ users editorializing about how they or their spouse who have handled the relationship situation differently. If they want to comment on how to handle the immigration-related situation (i.e. the 3rd interview) then that is pertinent to the original request.

[Boiler 43,432]

It is impossible to comment on how to handle the 3rd interview without knowing what has led up to it, may be impossible then.

 

Hopefully the Lawyer knows all the details.

[M&D2021 44]

15 minutes ago, Boiler said:

It is impossible to comment on how to handle the 3rd interview without knowing what has led up to it, may be impossible then.

I'm not disagreeing with that. Other VJ users have asked probing questions to better understand the details so that they can help advise on how to best handle the 3rd interview. We are all still waiting for the OP to respond. My point is only on editorializing on life and relationship issues, which is a common theme on VJ with some users who seem to enjoy slipping in judgemental comments or reactions to parts of the OP's story that are immaterial to the immigration question posed.

[debbiedoo 2,339]

26 minutes ago, M&D2021 said:

There clearly is an issue. My point is that there is no value to other VJ users debating or offering up suggestions to what should have been done in the past. We don't have all of the facts yet, so we don't know what issues USCIS might have. Regardless, even if the issue is that the IO has questions about why they would stay apart for that long while she was pregnant and is questioning whether their relationship is bona fide, other VJ users stating what they or their spouse would have done in that situation is irrelevant, because as far as I am aware, the OP does not have a time machine and therefore cannot go back in time to drive to pick up his spouse.

of course not but if OP (or anyone else) cant stand up to my line of thought and questioning.... I'm probably far less critical and cynical than an IO on a THIRD ROC interview, who is probably at this point, actively LOOKING for reasons to deny....

 

OP, all I've got for you is to get your s*** together. Every single bank statement, joint credit card, photos, affidavits, taxes, utilities, wills, power of attorneys, texts, ANYTHING over the entire course of your marriage to DATE - every single month. No skipping months or doing quarterly or twice yearly as many of us can do and get away with. I will assume they are actively looking to deny you now, so you HAVE to get EVERYTHING together, and make sure the BOTH of you can answer very hard questions, the same. dont focus or put much stress on the negative (avoid it if at all possible in fact). focus on the GOOD and the FUTURE and FUTURE plans...

[TBoneTX 43,058]

Approximately 3 dozen posts have been removed, for these reasons:  noncontributory to the thread, preaching/badgering/disrespectful toward the OP, bickering between participants, general editorializing, or replying to any or all of the foregoing.

 

The thread is now reopened, but it will be locked again if any of the above types of posts are made anew.  It will help considerably if the OP clearly and specifically answers the objective questions that were posed early.

 

TBoneTX

for VJ Moderation

[Rocio0010 5,562]

9 hours ago, debbiedoo said:

I'm probably far less critical and cynical than an IO on a THIRD ROC interview, who is probably at this point, actively LOOKING for reasons to deny....

I don’t know that they are looking for reasons to deny. I have never heard of three interviews for ROC. I don’t think I have ever read about two interviews for ROC, nor have I ever read about ROC being denied because of an iffy interview. It makes me think whether @USC4SPOUSEis right -maybe this third interview is for naturalization? Most denials I have seen happen at an AOS interview; and -at least from the experience here in VJ- only a few ROCs are denied and it’s usually because of incorrect filing, which is an easy- fix.

I’m really hoping OP comes back to answer the questions I’ve posted. I feel they should help us understand the situation better.

 

[shoeman009 7]

Everyone’s handling this issue with kid gloves. I reset my password so that I could reply. While I have gone through the immigration process with my wife, and I have accepted a child not of my own making with my 2nd wife ( I’m in my 3rd marriage) who committed adultery, I can clearly say that this situation just doesn’t pass the smell test. I am wishing you all the luck in the world, but typically when these things go outside of the norm, they don’t go well. Unfortunately two times in our immigration process we were outside of the norm and it took a lawyer and a senior senator to get it back in line both times.  While relationships can be saved when adultery is involved, it appears as though both of you are guilty of this. Add to this the stress of the immigration process, and also add to this a child which is possibly not yours, you’ve got a lot stacked against your marriage. From somebody who has done the whole not my child thing I highly suggest you cut and run. You will constantly be judged against the ghost of the guy who just isn’t there. Unfortunately the government may do that for you since having multiple I-751 interviews is way outside the norm. Good luck on all fronts

[DILAW 94]

This story should be a movie.  I am just not sure under what category it will be though.