KaneKorso

Why do you keep bringing up how much I want to pay and it's a money maker for my attorney? You correct you cannot help. the point of my post was to reach to to see if anyone had gone through what I am currently experiencing. there many in here who clearly do not know about the law and how it applies.

Yes they made an incorrect decision.

Then I wonder why people sue . What would be the point?

Appreciate the answer, but they have guidelines in their own policy that allowed them to waive the personal appearance of the incarcerated petitioners. their own policy states this. It's not same made up story. My experience is that they have no idea what to do with cases like mine this is where the law and their policy comes into play. They should just base the case on the merits of the marriage not on personal opinion or misapplying of the law. They may have discretion but it has to be within reason. expecting a petitioner to show for the the interview when he absolutely cannot is ridiculous. This is why case like matter of McKee exist because they are officers not attorneys and their personal opinion should not play a role in denying an application

Really, please explain since you seem to have personal knowledge about their cases

not quite sure what you mean? Are you telling me that this is an impossibility despite the fact that you have people on this forum we have gone through the same thing I'm going through??

Yes both attorneys that I've spoken to both have over 30 years of experience both told me it is not necessary to wait for an I290b motion to reopen or reconsider to be adjudicated before refiling a new application. I also believe that why USCIS may have discretion it has to be within reason demonic somebody be at an interview and they literally cannot be there because of a governmental hold would be unreasonable.

He's criminal background has nothing to do with a petition as long as it does not fall into the the Adam Welsh act which it does not He's criminal history is irrelevant. I've been visiting my husband for 9 years I have 9 years of visiting records which have been produced by the prison themselves I am aware of what the visiting rules are. Very few states do not provide conjugal visas This is not a bar to obtaining a green card Florida does not have conjugal visits North Carolina it does not have conjugal visits and yet they have cases where spouses even on death row haven't given green cards. The social media thing is completely irrelevant because he doesn't go on social media and never has. I absolutely hope that immigration has access to more things than we know because then they will see and clearly see our marriage is real.

I entered on a visitor visa. My understanding of it is while the officer may have discretion when deciding on whether to waive or presence or not I believe it has to be within reason demanding somebody be present at an interview when they literally cannot be there because of a government hold on them would be beyond reason and the policy manual clearly states they need to take all facts of the case into consideration. I don't believe that they're not obliged to follow their own policy. The policy exists for a reason. while they may have discretion it cannot be without reason. This is a very reason people sue. For All I know the officer has got some kind of discriminatory thought on people who are incarcerated.

I have not returned home I have remained in the country since 2017 We filed our application USCIS took four years to adjudicate it and then denied it despite the fact that we had applied for a waiver of presence for my husband's appearance at the interview since he's incarcerated had supplied over 500 pages of documentation to prove a relationship the officer said he'd never heard anything quite like our case and two months later denied it. Denying it for abandonment at no point did my husband abandoned the position USCIS made no attempt to interview him despite the fact I had arranged a call with the prison on the day of the interview The officer didn't believe it was relevant.

For the exact reason you highlighted an officer must take all facts and evidence surrounding each case into consideration The officer certainly did not do that when we filed our application we included a request to waiver my husband's presence. At no time during the interview did the officer ask to see any one of my documentation. USCIS quoted a case out of South Carolina involving a sex offender which had absolutely zero relevance to our case. The attorney we hired has had done cases like mine before He also has 30 years of experience.

Good day, I'm from Australia. I can to the US in 2017 to visit my boyfriend. He's is incarecarated and getting out in 6 years we got married and decided to do AOS. Case got denied because my husband could not attend the interview even though we have requested a waiver of his presence. I attended the interview, the officer didn't bother looking at any documentation and had clearly not even look at our file . We submitted 6 years of evidence to show a relationship. They denied the case saying it was abandoned because incarcerated "does not excuse the petitioner from attending the interview". We hired an attorney and filed a motion to reopen and reconsider. that motion remains pending and has been pending for over a year. because of the current Trump administration and it's crack down on immigration and after speaking with our attorney we figured filing a new application would be the best route to go. so we filed new application in October, received an interview notice in December. I attended the interview yesterday, once again the officer had no clue on our file clearly had not even looked at it and when I mentioned that my husband was incarcerated he gave me the deer in headlights look. He told both my attorney and myself that he would need to speak to his supervisor after keeping us waiting for 45 minutes He returned to us to tell us the interview would need to be rescheduled because they need to "review documents" which left both myself and my attorney confused so my question for those of you who have experience in dealing with this kind of thing. does the motion to reopen and reconsider need to be adjudicated before they deal with the new application? We explained this to the officer who was more concerned about speaking to his supervisor than listening to us. has anyone else filed a motion to reopen and reconsider that remains pending and then filed a new application. I had spoken to a number of attorneys before hiring our current attorney and all of them said the denial was incorrect in the first place. Does anyone have any advice they could give us Thanks