Teemo

What do you think USCIS is doing if not doing judging if your relationship is real? OP wasn't "light on evidence" he had no real evidence, including what is obviously a fake lease (no signatures and its in the US where beneficiary doesn't live). Yes, green card weddings deserve judgement, both here and by USCIS. 

Dumb. AP is AP. Yes if you go to Iraq or Syria you might have a problem. But that is because of reasons other than the AP, it's because you might present a security risk. I went to a Muslim majority country for 11 days using AP. One of the 7 times I used AP. All were routine to get back in, perhaps on this visit I got one more question "Why did you go to this country."
 
Are you still using this one incredibly isolated incident (an illegal and confusing travel ban that got reversed 48 hours later) to scare everyone out of using AP?

The obstacle you will have to surmount, over and above the proof of a valid relationship, is the idea that he is just pretending to be in love with you to get the green card, then all of a sudden you will have "marital problems" and divorce. The issue is that that is actually somewhat common, and many of those cases have features in common that are present in yours. This week alone I have seen many denials on this forum from Ghana, Morocco, and other countries that are considered "high fraud." Because, there is a high level of this kind of stuff going on. 
 
Honestly the show 90 Day Fiancee makes this process even worse, because there are some couples on there where this is definitely happening and we get to peek into their relationships. The US citizen feels he/she is in love, and that person loves them back, and they are in a bona fide relationship as evidenced by chats and family support, and then....at the first second the beneficiary is able to leave he sometimes does (I'm looking at you Mohammed). 
 
Of course, comparing your relationship to a trashy TV show is insulting and does you a disservice. But, you have to see it from their point of view. How will you guys overcome the presumption of "He is scamming her to get a green card?" That is demonstrably harder to overcome than "Is this a real relationship?"
 
That is why you are getting the advice to spend lots of face to face time together. Because the standard will be that high. Good luck. 

I was going to let this go until you said are going to become an immigration lawyer. Unlike many here, I have great respect for lawyers and those who would devote their lives to helping immigrants navigate the law. However, when I became obsessed with this advance parole issue, I started polling many different lawyers. I found them online, in forums, I called them up for free or cheap consultations etc. In the end, I got an answer from 10 of them on whether to travel on AP as an overstay. Do you know how many of them did not know or understand Matter of Arabally? 6 of them. 6! 60% didn't know this basic thing that would affect my life so deeply! Look, this is one of my threads online if you want to see an example: https://my-secure.justanswer.com/question/index/3a7c0ff9803c4431a522b9383a9d5583
 
These are professionals who go to school for many years and get paid a lot of money who don't do even the most basic research to understand something. Anyway, of the 4 who did know Matter of Arabally, two of them STILL told me not to go! why? One of them didn't understand it very well and the other said "this deals with overstay not unauthorized employment." Technically he's right, but practically he's dead wrong as pretty much every overstay has unauthorized employment. IO will not bar you from using AP because of unauthorized employment when you are married to a US citizen and knows it will be forgiven. 
 
So that left 2 immigration lawyers out of 10 who knew Matter of Arabally and could confidently explain it and give me comfort. 2! So in my small sample size, only 20% of immigration lawyers knew what they were doing. This is depressingly small and made me cynical about immigration lawyers and using such highly paid professionals. 
 
So I urge you, understand the immigration law. But also understand the case law. Understand what is happening on the ground. Understand practicality, not just theory. Understand what clients and travelers and applicants are experiencing and conveying. And give the very best advice you have, not just the most conservative advice or the advice that has ZERO risk just because you're a risk averse person. You can always qualify something. No lawyer said to me I have 100% chance of getting in. They put the risk in context. You can always tell your clients it is not guaranteed. But if you tell your clients "don't travel on AP because it is too risky" despite Matter of Arabally telling you otherwise and the experience of 10s of thousands of travelers, you will be in the category of 80% of lawyers I would tell people to stay away from like above. And that would be a damn shame. 
 
Good luck in your emergent career and I wish you a long and successful one. 

I researched the heck out of this and am very comfortable with Matter of Arabally.  I was a significant visa overstay. Married USC, got AP. I then used AP 7 times. 4x for work to Canada, 3x for vacation. All times had to go to secondary inspection. All were routine. Entered with no problem all 7 times. Just don't present any sort of security risk and don't commit a crime while abroad. 
 
I asked about 10 lawyers and about 4 of them said not to go and had no idea what Matter of Arabally is. Moral of the story is there are a lot of bad immigration lawyers out there (or maybe they are good but don't want to learn new things post law school)
 
 

All they care about is the EAD/AP card. They don't talk about Matter of Arabally, they just know it. They just stamp you and send you on your way. 

It's exactly the same. Matter of Arabally still settled case law. 99% chance you'll be completely fine. 1% chance you pose some security risk or your application gets denied while you are gone.

Well, I understand your frustration. But I don't really see that you have submitted substantial bona fides. Your driver's licenses/government ID don't even show the same address as each other? That's an obvious and meaningful error in your judgement, all interview reports online say that is the first thing the IO asks for, I literally went to the DMV the first day I could to get my current address updated. All the bona fides you provided are more like secondary evidence, like a joint tax return. Joint health insurance is a big one, you made a mistake not bringing hard proof of that. One page of a bank statement? Was not wanting to waste 7 more pieces of paper your motivation in not showing a complete bank statement? I don't understand that logic, this is a formal interview, you need formal evidence and incomplete documents are not formal evidence.  The list of things you did not provide (driver's licenses with same address, joint lease or mortgage, utility bills with both your names on it) far outnumber the ones you did provide.  The pregnancy is a big one in your favor but that obviously made you take the rest of the evidence-gathering far less seriously and you are paying the price. Unfortunately, you knowing the relationship is completely legitimate is far different from proving it to an IO. 
 
How many photos did you provide, and were many of them (not including the wedding) with friends, family or on vacation? I'm gonna guess you only provided a handful, which again means you did not take this seriously enough. I plan on bringing at least a hundred if not 200, with several dozens with other friends/family and on vacation. 
 
Good luck on the rest of the process,  I'm sure you'll be fine once you gather what they have requested. 

Fact 1: Working without an EAD is unauthorized employment. Fact 2: unauthorized employment is forgiven when AOSing with a US Citizen spouse. Not my words, not a loophole, but express law from Congress.
 
Anyone who has a problem with Fact 2 should take it up with Congress, not me. 

Hallo everyone I just got back into the country after 16 years of unlawful presence with advanced parole.
This was my experience : 
Leaving from Italy- they didn't know what AP was, lots of phone calls, go to the airport with extra time.
Arrival in Miami: they told me to go to a separate office to be paroled into the Country, they took my combo card one minute later they gave it back to me and told me I was free to go. Not one question asked.
Conclusion: I will use my AP again before it expires with no more worries. Everybody unlawful presence is not an issue! Thank God

This thread actually reminded me of my favorite type of user on VJ (other then all the terrible women ofc!).
 
Middle age and older dudes who import girlfriends half their age or younger to the US because their aren’t attractive or rich enough to find American sugar babies.
 
Then they are here posting again a few month after the wedding asking how to cancel their AOS, pull their sponsorship and have them wives because they dared have an opinion on something or are “acting up” or “misbehaving”.
 
(Those quotes are actual quotes btw)
 
Anyway, good luck. Hopefully whoever is handling your case is less judgmental than me! ❤️

Seen forum reports of denials for almost identical situations. Example https://forums.immigration.com/threads/marriage-based-n400-denied-is-it-worth-to-appeal.292511/

You're usually on point, but I think you're wrong on this one. Of course, OP would be unwise to simply admit that the separation was because his spouse "loves her job," but surely they could successfully argue, with evidence, that:
1) they initially resided together in marital bliss in X location where wife had established a career;  2) school admission in Y location caused an involuntary separation, as wife moving would lead to significant financial loss to the family; and 3) there is no marital disunity, as evidenced by frequent trips between X and Y, shared finances, etc. Even the most punctilious of USCIS officers would struggle to issue a denial on this case.

I think his issue is being misunderstood. He's not asking if the US cares. He's asking if it is relatively easy to meet in Canada even though his fiance has a pending immigrant visa to the country to its south, and whether other people have done it. In other words, Canada might care because they may think she might overstay her Canadian visa to be closer to her husband. That is OP's question. 

I think his issue is being misunderstood. He's not asking if the US cares. He's asking if it is relatively easy to meet in Canada even though his fiance has a pending immigrant visa to the country to its south, and whether other people have done it. In other words, Canada might care because they may think she might overstay her Canadian visa to be closer to her husband. That is OP's question. 

Possibly a fake. Especially if express a sense of urgency and start threatening with deportation, police officers to your house etc.  I got fake IRS and FBI calls, maybe they added USCIS to the mix and they coincidentally got someone in the midst of a process with them. What's the phone number you are trying to call?

Possibly a fake. Especially if express a sense of urgency and start threatening with deportation, police officers to your house etc.  I got fake IRS and FBI calls, maybe they added USCIS to the mix and they coincidentally got someone in the midst of a process with them. What's the phone number you are trying to call?

Possibly a fake. Especially if express a sense of urgency and start threatening with deportation, police officers to your house etc.  I got fake IRS and FBI calls, maybe they added USCIS to the mix and they coincidentally got someone in the midst of a process with them. What's the phone number you are trying to call?

Possibly a fake. Especially if express a sense of urgency and start threatening with deportation, police officers to your house etc.  I got fake IRS and FBI calls, maybe they added USCIS to the mix and they coincidentally got someone in the midst of a process with them. What's the phone number you are trying to call?

I'd personally not suggest leaving a required filed blank for 2 reasons:
1) If completed electronically, the 2D barcode will not show this data, and it is more likely not to be noticed by the person scanning in the forms. As a result, it can result in an RFE/RFIE by somebody just looking at the data in the computer.
2) Even if done by hand instead of electronic, it requires somebody to actually read through the packet to notice the blank field and subsequent explanation. An entry of "0" there when the intending immigrant is a spouse is a very common occurrence and they know what it means. It does not mean they are claiming to be unmarried.
 
My $0.02.

You presented a lease that wasn't signed by either of you and don't live together?
You have a 21 year age gap and difference in religions - with the female being older - in a region where that combination is highly unusual?
You provided affidavits from people who have never seen you together with your SO?
 
The point is that no single item is an issue, but the combination of items listed resulted in the CO - and subsequently USCIS - determining that the marriage's purpose was to bypass immigration law.
That said, I wouldn't call it BS either as I don't know all the circumstances. Nobody here does. Hopefully the OP comes back and fills in some details to get closer to figuring out why precisely they are in this situation now.
 
Certainly not. But according to the letter, it appears that they had a wedding celebration for the family, yet no family appear to have been there and an explanation as to why was unable to be obtained. That kind of discrepancy stands out, not just the lack of family being there.
"You stated that the celebration was for the family..."
"...the beneficiary could not explain why his family was not at the wedding"

To put it bluntly, your marriage seems like(removed) and the USCIS called you out on it. It's applications like yours that slow down the system for everyone else. Deserved denial, an appeal won't help unless and until you have a bona fide marriage, where you know, family actually attends your wedding and you have real conversations not made up ones. 

All you need is your passport and the document that allows you to reenter -  green card in your case. Not sure what your wife has but same applies to her. 

This...
 
When responding to a NOIR you must give them evidence in response to the points in the letter that you already have.   You must prove that the embassy was mistaken or misunderstood or that something is incorrect.   Joint lease is one of the pieces of evidence listed on every NOIR and USCIS website as evidence (second page but not one of the points) but would not have even been needed to prove the case as the beneficiary does not live in USA.   For evidence of bonafide  relationship that is long distance visits and consistent communication is most important.   The only affidavits that may have helped the situation could have been from the family that could not attend given a valid reason as to why they could not. 
 
Unfortunetly OP I think refiling is your best option instead of  attempting to appeal with evidence you don't have.  Have more visits and work with your LIFE PARTNER on how you can overcome the red flags.  You'll need to be sure to be completely confident before your next interview to be able to answer some of the questions they have with your relationship.  If you both are truly in this you'll get through.  

Who sends in an unsigned lease agreement and doesn’t even live there?
Who tells an IO that a family wedding celebration was held but no family was there?
Who signs an affidavit of a relationship and never laid eyes on the other spouse?
 
Truthfully, I feel you are very lucky to not have been hit with a misrep.     
 
There is so much fabrication here that I doubt appeal is possible.  Your lawyer is incompetent if he/she filed this garbage.  I’d plan to build a real marriage, refile, and start over.