Oshun

YES! I wonder about JimVaPhuong... Have no idea where from the US he's from so can't even venture a guess. AS for Bob, he probably sounds like he's from a James Bond Movie!

JimVaPhuong is correct in that they must have already flagged your file prior to the interview. Many of the posters here are also correct in that you should fire your lawyer. The name calling and flawed preparation is absurd.

We already know that that your wife’s prior marriage and child situation was the first major flag, but that can be overcome, especially since she had children with him. Jims detail of this was spot on when it comes to the lack of relationship she has the with kids. It’s just not common to be married to someone and not know their children.

Here are my questions..

You said that your wife and you are different races. If you can, please tell us what each of you are? This is important to know because they do take cultural/ethnic differences very seriously especially if there are other stark differences in your overall situation.

Are you also different religions?

Is there an age difference? If so who is older?

At the interview, were you IMEDIATELY separated, or after an initial interview together?

You mentioned that your wife does not have her kids due to finances. Does she make a living comparable to yours?

Now, none of these things singularly have a major detrimental effect, but one of them could be the straw that broke the camel’s back in addition to flawed answer..... Again, none of these FACTS are reasons for a denial, but they are cause for heightened scrutiny.

For eg...

If a blond eastern European, walks in with an Asian American; they happen to have a 15 year age difference where the woman is older and has children that her new husband has not met, and the USC previously married a foreigner AND the USC is less educated and much poorer than the beneficiary...hmm..... That is not an automatic denial, but there are reasons to be very suspicious so you may go through more to prove your relationship.

Perhaps the answers to my above questions will give us all a little more color to this picture, or maybe not, but all must be considered. Remember, you are always able to appeal with a better lawyer if all does not go well, just take this a learning experience moving forward. If you are truely married, you can prove it and panicing will only make things worse. Just tell the trush if you have to come back and you will be fine. USCIS is not in the business of punishing loving couples for no reason.

You still have not got a denial so….

Hi there,

You should be able to have the county clerk send you a certified copy (probably a few dollars - mine in Ohio was $1.00) from Indiana County Clerk's Office.

http://www.indy.gov/eGov/County/Clerk/Pages/home.aspx

Call the number in the link and they should be able to tell you how to obtain it. It'll be easy. You just write a letter with the details you need and a check for the cost of certificate, and they send it to you in a few days.

Don't worry. Its easy, just make sure to call the number in the link to ask them where you have to send the request....

@H1983: I think you are corect to some extent. The OI's are indeed human too but remember, humans are also prone to human error. Being prepared is important because of this fact, and because we are dealing with someones life, its important to look at the overall picture when presenting your case. Before I got on this site, I assumed 'they will know as soon as they see us together that we are in love.' But now I realize that the burden is on us to prove our 'case' and that should not be taken lightly.

Perhaps, I am a worry wart but I would certainly encourage anyone to be as prepared as possible because the 'scam' marriages out there are the ones that make this process so stringent so we are essentially ALL looked at as guilty until proven innocent.

Just my 2 cents....

My situation is very similar to yours in that for over a year my husband and I lived apart. I lived in the midwest, and he in the NE and I finally moved last year. So we have a 2.3 year marriage but only 1 year worth of common 'stuff.' This is what I've gathered to help explain the time apart (mind you, we have not yet filed but will in a few weeks).

1. Had my former supervisor write a letter stating that I had been trying to move/transfer to be with my husband - it finally happened so yipe! . If she can get something like this from her supervisor, that may be helpful. *Any independent testimony is better than family members that the USCIS may feel would do so just to help you out....

2. Got all my phone records showing that we talk/text everyday. The oldest I have is from mid 2009. You incurred expenses traveling back and forth since you see each other every 4 weeks (plain tickets or even gas receipts, EZ pass?). All this can show that you made a lot of effort to see each other.

3. All our current documents are joint evidence and strong pieces so, once I moved, we did all the things that loving couples do. Open up back accounts.... and fight about money

4. Its life. We love each other and it will show. I have evidence showing we did everything we could to finally live together, and now we do...

My advice is that if you can wait till your spouse moves.... WAIT. I only say this because I would think its easier to prove to someone that you will do anything to be with your love, once you've succeeded in doing the 'anything.' If you are on a work visa and it doesn't expire for some time, you have nothing barring you from waiting before you file.

If you wish to get it done sooner rather than later, you still have evident showing you love each other and can still be successful without any obstacles.... Just be prepared to answer those questions and show all that you have done to be together and you'll be fine. Good luck!!

Hey there! Can you give us some detail on your experience including your time line and what evidence you brought in. Also, what questions where you asked? Posting it here is great but also a review of the embassy will be very helpful to new VJ members who wont see this posting!

Kathryn41, The fasted I have ever heard is 2 MONTHS! South Jersey couple. They couldn't believe it!

The fact that you have a child together is almost absolute proof that you are in a true marriage, but that alone will not be enough. Get a letter from your father stating your living arrangement and exactly how and when you pay the rental fee. DO the same for the people you have lived with prior. Also show the canceled checks you use to pay the rent to your father (hopefully out of a joint bank account). The joint returns with common address will help tremendously.

DEFINITELY show the baby's birth certificate. I have heard some people even bringing the child to the interview so the IO can see you as a family. Unfortunately it may be too much to have a small child in a waiting room for many hours if there is a long wait.

You have more than you think,, Good Luck!

Interestingly, the assault charge you have for fighting with your husband is actually proof that you guys are really married. I know that you have already had your interview, but I though it would be an interesting topic to discuss.

People who are married get into fights all the time (perhaps not violent ones, but fights nontheless). People who are not truly married will never have restraining orders, domestic fights etc because there is no emotional connection, therefore nothing to fight about...

My husband and I do not fight crazily (he has mastered his retreats but I know many couples that do and I think it proves you are in a true marriage. Marriage is sooooo hard and the realities of it for many people can be very stressful. I love my husband very much, but it is in no way easy.... Lucky for me, he's the strong silent type, and it takes a lot to rattle him. Me.. not so much...

http://www.visajourney.com/forums/topic/272191-i485-denied-help-asap/

Found it!!!

In Sept we were denied the green card, I filed motion to reconsider/reopen, but before the motion was heard wife left me, moved out, and said she was filing for divorce. We won the motion and a conditional green card was given to her. She has cut all communications with me and has attempted to file a divorce on me. What should I do. She is still on the conditional green card.

I think I remember seeing your posting about being denied; You posted something on VJ in the past? I recall that an IO came to your home and denied the GC because they did not beleive that the marriage was consumated, and that you both had not presented yourselves as husband and wife to your friends and family.

I may be wrong but I did recall you also stating that they suspected that your disability had something to do with it.

In that case (and I hate to get so personal), can you prove that the marriage was not in fact consumated as the IO suspected? You of course cannot do this if you went to great lengths trying to convince them otherwise in your motion/appeal. It also depend of whether that is actually the truth....

If I'm thinking of someone else, please forgive me but can you tell us why you were specifically denied in the first place? You may be able to use that reason in your next steps.

IMO, having a cover letter is a good idea. It serves as a final checklist before mailing your packets. USCIS may not even read the cover letter, but it doesn't hurt your case to include one. This is a sample cover letter we used for our AOS. Edit and include which parameters apply to your case.

GREAT! Thanks for the link!

Nice list! How about credit card statements? Auto insurance policy?

Your financial evidence looks pretty strong. Good luck and keep us posted!

Thanks!

Both dont want any more CC, I drive a company vehicle so we are both automatically insured (my name doesnt even come up on my insurance info). His car is fully insured so we did'nt bother adding me.

What are your thoughts on the cover letter?

Hello VJ! I'm hoping to get some insight on my list. My case is slightly different than most so I'll start with a timeline... I am the beneficiary and my husband the USC

2004: Met hubby, became friends

2005: Moved to Philly for job and adjusted to H1B; relationship became romantic since we were now closer together

2005 - 2007; dated on and off (mostly on but you know..)

2007: got promoted and relocated out of state, still dating hubby

2008: Got married late 2008

2009: Began probing job for transfer back to the east coast to be with hubby

2010: Job approved transfer mid 2010 (Yay! After such a long wait)

Here is a list of documents I have. I'm not sure if it’s lacking but we have barely one year worth of "hard evidence" since that’s when we were finally able to live together...

RESIDENTIAL LEASE: Hubby as the main lease holder and me as a resident: signed Aug 2010

UTILITY BILLS in my name and others in his

2010 JOINT TAX RETURNS (Hubby qualified as HOH in 2008 and 2009 because we didn’t live together: I'm filed as MFS. It just worked out better financially...)

JOINT BANK ACCOUNT: opened Aug 2010 - moderate use but high balance

JOINT SAVINGS: opened Sept 2010 - min use: saving is hard but the balance is over $1K

401K BEN statements showing each other as the benefactors

JOINT HEALTH INSURANCE (medical cards with both names)

FOUR SIGNED AFF: One from my old boss detailing request for transfer was to be with hubby, one from my sister, one from his bf, another from a mutual friend

PHONE RECORDS: Showing DAILY text messages from as far back as the bills are available (2008 I think) up to TODAY: I plan on getting a few from each year and highlighting each other’s number

Various pieces of mail from people addressing us both: Christmas cards, cards from restaurants ("such a lovely couple, it was a pleasure to serve your table...")

PHOTOGRAPHS: Me with his kids, two of us at restaurants, at beach house reception, at wedding, at parties.... (will bring for interview not initial paperwork)

Since so much of our evidence is only for half of our marriage, I'll have to include a detail of the progression of our liveS to explain this....

Any suggestions? We've been married a little over 2 years but only living together almost a year.. Don't want a RFE (of course nobody does). Perhaps my bigger question is whether a detailed but concise cover letter helps answer any of these questions before they arise? My plan is not to HIGHLIGHT any deficiencies but to gently explain who we are, and why our life is this way without causing red flags.

ANY HELP ON THIS WOULD BE GREATLY APPRECIATED. ANY AND ALL FEEDBACK PLEASE!

Apologies.... Actually I have one correction. the Visa stamp is no longer valid because my employer updated my 'approval" with my new last name and new expiration with 180 more days on it. I assume this means my old visa stamp is invalid and I cannot travel on it.

If I travel outside of the US with my new approval (not visa stamp) will they still issue me another visa stamp or deny it since I am married?

Yes to Both. I have my Visa atamp and I am still working with the company that sponsored it.....

Hi VJ!

I have a questions about H1b visa and dual intent. My husband (USC) and I are planning to travel outside of the country before we apply for my AOS. I traveled in Jan 2010 and was fine but the immigration officer at the consular seemed rushed (I could be wrong) and quickly approved my visa stamp. Now that I am researching the AOS I want to make sure that that wasnt some fluke being that I was married at the time, and that I can indeed travel while married to a USC with an H1b.

Any help on this matter would be greatly appreciated.

Thanks!

Who are the weirdos who never argue? Identify yourselves so I may mock you.

Oh and I forgot to say.. once a day. Maybe skip a day sometimes but mostly once a day. Almost always minor stuff, quickly forgotten. Interesting thing is, she always gets around to saying sorry way before it even occurs to me that maybe I should.

ME! Hey its not me its him. he just doesn't raise the bar at all when he see's things going badly. He'll change the subject, make a joke, flash a smile (has the cutest dimples).. He'll do ANTHING to avoid a confrontation so we often just talk about it calmly later - he's soo cute... Good strategy....

She has no right to take your child. That is considered kidnapping if she does not return (if the child is your biological child/adopted child/legally yours). That is such horrible news. I would hate to have something like tht happen to me. If you child is a US citizen, she has no legal right to move him/her with your permission. Make sure this is not a misunderstanding before you proceed but do contact the US embassy and begin taking steps to get him back.

Good luck....

This is truely a nightmare situation. I hope everything turned out for you. Please keep us all updated!!!

This is what it says about taxes:

You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years

Why would submitting 3 years show something that the latest year does not?

Thank you so much! This is the first time I have had the guts to reach out and I think all in all we will be ok but having as many opinions as possible is great! Thanks for taking the time to help me out!

Hello All,

This is my first post and I wanted to put it all out there. I am on a H1B visa; have been in the US for 9 years (F1 for 4 years then H1B for 5 years - H1 expires early 2012). I have been very happily married to a USC for a little over two years and we are now looking to apply for my green card as it does not look like my job will process it.

Here are ALL my questions so please bare with me:

1. I lived in another state for the first year of marriage and moved to NJ last year to be with him. I have a signed, notarized affidavit from my old boss detailing my request for a transfer to be with my husband. Will this be enough to dispell any issues regarding living apart for half of our marriage?

2. The lease is in my husbands name and I am listed as a resident. Although my husband pays most of the bills, I have the electric bill in my name and pay that. Will this suffice as proof of cohabitation? Every document, piece of mail, drivers license etc has our address on it but I'm concerned about the lease issue.

3. How many years of taxes wil they need from my husband? Some places I hear 1 and other places I hear 3? Which is it? Does filing taxes separatly raise any flags? 2010 is the only year we have lived together so we will be filing jointly but not the previous years. What are taxes used for and are they heavily scrutinized (besides the affidavid of support) and why do they need so many years of his returns (not a problem just curious)?

4. We had a very very small wedding... The two of us, the officiant a maid of honor and a best man. Will this affect the outcome? Additionally we eventually had a BEAUTIFUL formal beachside/beachhouse dinner with 15 close friends as a way to celebrate our union..... Lovely pictures to show for that.

5. Does the fact that I come from a poor country affect how I will be treated in the interview?

6. With the exception of my sister, I do not have much of a relationship with my family (although my sister visited with us recently - I had her write,notarize and sign a letter detailing her trip to see us). Will this be a poroblem since they have not met my hubby?

7. Although we have some pictures, we generally do not have that many (not picture people). I have some images with his kids but only on 1 occation. I could come up with about 70 that would be useful to submit with the application. Will this be an issue?

8. Since we have been married for over 2 years, will the interview be tougher, since there will be an expectation to provide more proof?

9. Although we have our separate checking accounts, we have a joint checking and savings with some but not a ton of activity. Does proof of the account suffice, or are they looking to see a thoroughly used account?

10. Should we bother with submitting mail addressed to us both and separately (to our home address) when submitting the innitial application and at the interview?

11. Lastly, we will be filing in Newark NJ. What should I know about this office and is there anything to be worried about?

I know that this is a VERY lenghtly list of questions, but I wanted to give as much background and sometimes that background sprouts question and things that have been on my mind...

Any help on my situation will be GREATLY appreciated!

Thank you VJ!!