mattelo

2 hours ago, Jill Mackie said:

@mattelo how long did you know your husband before your K1 interview , and how long were you married before you your AOS?  My husband an I have been to together for 8 years and already married for two. Would our history be a positive?   

Before my K1 interview we knew each other for 2.5 years. I had been married for 1 year and known him for 4 years when I got the AOS interview. It's been 4 years we've been married now, 7 since we met, and they're still giving me trouble, so I don't think it's related. I also have a ton of evidence, including tax reports, 401K with him as my dependent, insurance policies with both of our names, a power of attorney, a will, thousands of letters, hundreds of pictures, list of all of our phone calls (over 3,000), list of all of our visits (close to 300), etc. The adjudicator at my latest interview told me himself that I had more proof than necessary, so............. yeah. Clearly, I don't think the history in my case, no matter how good, is helping.

Just now, ra0010 said:

See?! You’re teaching them!

Hahaha EXACTLY! 😉

1 minute ago, ra0010 said:

Yay!!! Let’s spread the positivism. Also, I guess (just a guess, not playing the devil’s advocate or anything) that maybe the officers do not know much about cases like yours. Does that mean it’s ok to treat you like that? No!!! But you might have been that one case that was out of the ordinary 

Oh definitely! The 3 adjudicators I had to deal with (Fiancé visa, GC & ROC) all told me they NEVER had a case like mine. So yeah, it's very new to them and at first they just don't know what to do with it. But when I appealed their decision and it ended up in the hands of their supervisors, I won my case! And that's the part that matters.

2 minutes ago, Jill Mackie said:

Thank you so much , I appreciate the support , I just worry that should they deny me just for that reason how am I going to fight this , I can't afford an attorney right and that's my biggest fear 😭

Your State probably offers legal aid at very low prices 😉 For my ROC I had an immigration specialist coming with the interview with me for... $100. There's always a solution, alright? Right now you're not there yet, so it's useless to worry about that part, focus on what you can do now! And keep your head up.

2 minutes ago, ra0010 said:

Right. And when you were in OP shoes, you probably didn’t have anyone with a similar case. But she has you, and that helps a lot!

Exactly! I've been through so much throughout the years, but am I still in the US? YES! Can I work, do I have a job? YES! So let's be positive here, it's not like I've been deported or something 😛

2 minutes ago, Jill Mackie said:

I'm not feeling nearly as confident about my green card now . 😭😭 

Honestly, I don't think you should be confident that everything is going to be quick, painless and easy, because it never is! But in the end, I believe everything's going to be okay. Just be ready to have to fight for it. The good news is, at least I told you about the waiver, the proof of incarceration and manual policy. You're not going in there completely clueless! And my case is probably the worst case scenario, with a little bit of luck, everything will go smoothly for you.

41 minutes ago, NikkiR123 said:

wow!! sounds like the officer had no clue what she was doing and your ROC interview, wow! sounds like that guy had a problem with your husband being in prison and he obviously does know his job. How could he say green cards aren't given to couples who don't live together or that couples need to have the perspective of living together ? total BS,  I have seen there are death row inmates that successfully petition their spouses and did he not understand that you already were granted a green card ? sometimes I think these people cant keep their personal opinion from their professional one and are pissed with power . @Jill Mackie i wouldn't let that pull you down , their job is to decided if you are eligible to adjust not judge you on the person you married , if by chance that does happen I would contact an attorney and sue for discrimination , but you don't know yet so  o point jumping to conclusions that its all doom and gloom @mattelo may have been unlucky and got a ####### of an officer , All is not lost 

The only great experience I had was for my fiancé visa. I had such a lovely lady in the Embassy in France who never had a case like mine but she was adorable, very open-minded and only asked very considerate questions. It's been downhill from that experience for sure LOL But yeah, I'm not done with this fight and I'm going to win this. I already got their decision overturned once, so I'm really not worried, especially because, as you said it, I got my first green card in the end! So I'm pretty confident things will end up well for me. @Jill Mackie, just be prepared to go through hoops, it's not an easy road, but if your marriage is real and sincere, you'll be fine!

1 hour ago, NikkiR123 said:

@mattelo could you maybe give us the details of your green card interview and what the USCIS officer said to you ? hopefully your information could help @Jill Mackie with her case? 

Well, there's really not much to say. The adjudicator was new and still in training. She did the interview without my husband, asked me the classic questions I guess. My husband was calling on my cellphone so I told her she could talked to him this way if she wanted to. She said she was going to ask her supervisor if that was possible. She came back and said it wouldn't be necessary. I said okay. The interview went well. And then I got denied :-P

However, my ROC interview was quite interesting. I got almost only questions about... my husband's criminal case. My attorney present said it was totally inappropriate and that those things should have never been asked to me. The adjudicator said that "if your husband really loves you, he must have told you about his criminal case." 

Then he said green cards cannot be given to couples who do not live together (which is NOT true) and when my attorney called him out on it, he said that couples need to have at least the perspective of living together someday (that part he totally made up...) and that it is not the case here (since my husband has Life Without Parole).

Like I said, since then we got his sentence overturned, so I have faith things will get better. They sent me a RFE but right now I'm playing time, hoping that my husband will get released and they'll finally get off my back.

1 minute ago, Jill Mackie said:

My husband wrote a letter explaining he is incarcerated and we included a docum6from the prison , I included  that as part of out i-130 petition evidence , so I need to include a copy of that letter and document for the I-485 as well as a copy of the policy page where it states they can waiver the interview for incarcerated US citizens?😭😭😭💔💔

That's what I'd do, yes. I know you must be freaking out right now, but let's look at the bright side: I'm still in the US after 4 years 😉 And they are NOT deporting me because I'm going to appeal their decision AGAIN if it has to come to that and I'm willing to go to court if necessary. Also, it varies from one officer to another and you might have absolutely zero problem in the end! I'd suggest you do your best, your maximum, and you try to relax, because freaking out is pointless at this point, you can only control so much in the end.

1 hour ago, NikkiR123 said:

wow that sucks , sounds like they discriminated against you because you're married to an inmate .

That's exactly what it is and how I feel about it. It's been FOUR YEARS I have been married to my husband. I got my green card the first time and now they are giving me a hard time AGAIN? This is pure discrimination. In fact, if I were divorced today, I could apply for my 10-year green card without him and would get it without any issue... So much for having a good-faith marriage, huh?! The good news is I was lucky enough to get my husband's LWOP sentence overturned and he has a good chance of coming home by the end of the year! But yeah, it's a real struggle and YES! Knowledge is power. All the information I gave above, use it, attach it to your waiver, so they know that clause exists in their manual (because guess what, many don't have a clue and simply don't care...)

4 hours ago, NikkiR123 said:

I dont think you will have a problem at the interview , you said you included all the evidence to show your husband is incarcerated , so really it should be okay here is a link to someone who applied for a K1 fiancée visa with a husband in prison and attended  the AOS interview without him for obvious reasons .

 

 

Just FYI, that person was me and my green card got denied, just because my husband could not attend the interview (even though it was clear that he was incarcerated and could not attend for obvious reasons). I had to appeal their decision and got a great attorney who defended my case. Their decision was overturned and my green card finally granted, but now I'm applying for the 10-year green card and they are being as difficult as the very first time with me...!

This time they did not deny my case because he couldn't go to the interview with me but are now trying to deny me on the basis that we don't live together... It's a struggle really, and I strongly advise to get an attorney to help.

As advised by my own attorney, try to attach proof of incarceration and check the USCIS Policy Manual (https://www.uscis.gov/policy-manual), there is a clause for incarcerated petitioners. I would definitely suggest to print it out and attach it to your application too. It says: "USCIS may waive the personal appearance of a U.S. citizen spouse petitioner who is incarcerated and unable to attend the adjustment of status interview. In these situations, the adjustment applicant must appear for an interview. An officer must take all the facts and evidence surrounding each case into consideration on a case-by-case basis when deciding whether to waive the U.S. citizen spouse petitioner’s appearance."

Hope it helps!

On 1/24/2021 at 7:16 PM, See7 said:

WAC filer (Alameda County)

 

Got an update on case - January 23, 2021 Case Was Updated To Show Fingerprints Were Taken. Looks like NBC is using Biometric information from I-485

Got the same thing on January 22nd. When I got the email I thought I'd have to go to a fingerprint appointment, but then I saw this update when I looked at the status of my case directly on their website.

I'm one of the "lucky ones" too 😉 Received in the mail today:

"We have completed a preliminary review of the application or petition ("your case") listed above. As part of standard processing, we transferred your case to the USCIS office listed below that has jurisdiction over your case. That office will notify you in writing when they make a decision on your case or if they need additional information."

Transferred to National Benefits Center in Missouri.

Yeah @mallafri76, it's exactly why I wanted to share my story here  

When I mentioned people with the same timeline, I was referring indeed to people in the same city as me. But as I said, I believe our case is specific, since we asked for a waiver for the interview.

I have a friend who is in the process for a CR1, her husband is on death row, and it's a nightmare, it's been more than a year that she got married and she hasn't heard from the USCIS yet for her interview. I'm not saying a K1 is better, I'm just saying that the difficulties are not the same. When you move to the US with a K1, you usually have your spouse to help and financially support you while your AOS/EAC is pending. This, of course, is not possible when your husband/wife is incarcerated. You have to have savings to live on for a while, and a good sponsor to file with you. When you're moving to the US with a CR1, for sure you don't have that kind of financial issues, however, you do need to wait longer, and people in my position know well that the prison is a difficulty big enough like that, adding the distance and the stress over the whole process is simply overwhelming. I admire my friend for what she's going through! At least when she moves, she won't have to go through the same difficulties that I'm going through right now, but believe me, she had her share of difficulties too.

I think it's just a matter of choice in the end, but I know a lot of women in my situation who consulted lots of attorneys, and none of them said that the process (whatever path is chosen) is impossible, unless the US citizen got incarcerated on child offense or domestic battery charges.

Thank you guys for the support  ;-)

My EAC is still pending, I haven't been scheduled for the biometrics appointment, which is weird and stressful because some people with the very same timeline have been scheduled for a while, now. I believe it's because of my "specific" situation. In our application we asked for a waiver of the interview, since we won't be able to attend together. Maybe that's the reason why our case takes more time... But it makes me very anxious since I'm only living on my savings right now and I know I won't be able to do that indefinitely. I will keep you posted, of course. 

Debbie, no problem, feel free to PM me whenever you need! Prison wives stick together :-P

Good luck, fosu!!! I'm sure everything's going to be okay 

Here are all the documents to provide:

- Passport

- Medical exam papers (it's the envelope the Doctor gives you after your appointment)

- Proof of payment confirmation page with delivery address (it's the confirmation page on the website where you paid the fee /ais.usvisa-info/ - I guess the confirmation email works too)

- DS-160 form confirmation page (with bar code)

- Birth certificate (less than 3 months old)

- Police certificate (less than 3 months old)

- Letter of intent from the US citizen (less than 4 months old)

- Photograph for the French citizen (x1 - 51 x 51 mm)

Only if applicable:

- Marriage certificate

- Divorce judgment

- Death certificate

- Court and prison records

- Deportation papers

- Letter of parental consent and photo identification

- Military records

And just in case of, you can also bring with you:

- USCIS approval notice

- NVC letter

- new proofs of relationship

Hey there!

It's better to have a recent "casier judiciaire" (3 months old top), but a friend of mine got interviewed in December with a "casier judiciaire" dated July 2016 and everything went fine. But maybe she got lucky, I don't know... If I were you I would try to ask for a new "casier judiciaire" before my interview.

As for the documents you need to bring with you, just follow the instructions you got in your email and everything should be just fine!

Good luck  

Be careful if you want to carry out all the tests in the morning and then have your appointment with Dr Jolly on the afternoon, read my review for my personal case (it was in September):
http://www.visajourney.com/forums/topic/473587-frenchamerican-couples-part-iii-2014/page-63#entry8323575

Good luck guys!

@quentin955 Maybe my response's too late, but it wasn't delivered by La Poste but by TNT ! And they need a signature. Not super convenient, but safer, I guess!! Keep me posted about it! Fingers crossed for your visa!!

No I don't have my plane tickets for now, I have plenty of time since I'm not planning on leaving before February - I need to leave my job, my apartment and everything I have here before anything else

Congratulations on your NOA2 approval!!!!!!!!!!!!

Should be just a matter of weeks now!

Thank you guys, you're adorable!