Hello, I am seeking advice on how to proceed. Our case was denied today with the option to request a hearing. My inexperienced interpretation of the law makes me think they should have accepted. Here is the backstory.
We applied for my wife 90 days before 3 years of her arrival. This advice is all over the internet and even on the USCIS website. At her interview, they said she needed to be in marital union for 3 years prior to applying. This came as a surprise since there were no warnings of this next to the 90 days advice. We were not overly concerned, however, because I visited her many times since being married, more than 90 days worth. I sent in evidence for 127 days of living together in the Philippines after our marriage.
Today we received a denial. They only counted the final visit. I had visited for 55 days before we flew back home together. Even at the interview, the interviewer told my wife the combined time together would be acceptable to fulfill the 90 days. We made it very clear in the evidence submitted how many days I had been there, where I stayed, when I flew, etc, so she could not have overlooked the other trips. We also made it clear that I have work and could not be there continuously, so I had to return home periodically. To give you an idea, here are my final 2 trips there which add up to more than 90 days:
2018/05/12 2018/06/22 (42 days in marital union)
2018/08/24 2018/10/18 (55 days in marital union)
We were never separated after 2018/10/18 which was her arrival date in US. So there is only around a 2 month gap when I had to return home, then we were continuous for the entirety of the 90 days. We have a bank account, house, taxes, and baby together.
I find it hard to believe a significant amount of Americans move to the foreign country for more than 90 days before immigration. How can this not be mentioned clearly when giving advice of applying 90 days early?
FYI my wife said the interviewer asked the toughest civil questions (which she got correct), then went into this 90 day business and was unfriendly the whole time. Then she took a long time to review the submitted evidence before denying today. Could it be just a bad case officer?
Was denial a correct decision? Should we do the hearing or just reapply? That's another $800, but how long would the hearing take to receive? Will I be allowed with my wife for the hearing? I am better at presenting the evidence since she is shy.