tuesdaysgone

Bob 4 Anna, believe me, the letter states I have 30 days to appeal.

the Attorney said I can refile while still here but I dont know what exactly id be filing because what status would I be adjusting from. Im compiling questions from this text and will find out.

Bob 4 Anna, the grounds for appeal do exist, what they are, I really cannot explain it to you, the attorney I am considering hiring explained it to be in legal talk for about 10 minutes which i frankly do not understand.

Vanessa for tony, I did read what you wrote. Thats what i've been trying to say for the past 6 months.

Forgive me if i'm not understanding you, my head hurts and I have a lot at stake. I will forward that legal text to my attorney. The attorney definately said that the Florida marriage is legal. I just dont want to overstay because I have an appeal and dont know if I launch an appeal if it means I can stay legally while the appeal is in process.

USCIS claim the marriage is not valid because the marriage is void due to the fact we didnt wait an extra 5 days for the divorce decree to be final.

I attempted to adjust from an F1, not a K visa.

I believe an attempt at a cr1 would be valid because we are now legally married in the state of Alabama.

Vanessa&Tony you have read it wrong, USCIS have said the marriage isnt valid therefore we were free to marry in Alabama.

USCIS's standpoint is that the Florida marriage license is not valid in Alabama because the state that which we reside does not recognize it. So in the state of Alabama there are no 2 marriages. Therefore we're not legally married in Alabama, hence we were free to marry in Alabama.

I am not guilty of polygamy if my marriage is void in Alabama. Hence remarrying.

I thought the same with regards to the EAD card. The attorney says otherwise, as long as a new application is pending then Im supposed to be ok, apparently its written in some immigration law but I'm not confident about it.

Evidence wise we provided all the typical evidence listed on here, im nothing going to go through a list but it was totally sufficient.

We were barely asked any questions, she asked us to confirm our id and tried to find faults with my application. There was no stokes 2nd interview. I wish there had because it would be a cakewalk.

With regards to getting married right before my visa expired. I'd tried to simplify for you guys as its a long story but basically, my student was good for another 3 years but I couldnt afford paying 8k a semester, also I lost $10k when the economy crashed in exchange rates, I couldnt find a job on campus until being there for 5 months again due to the recession. I couldnt get a student loan from the UK while the international student loan companies I knew of had stopped lending, again due to the economy. We were getting married anyway but believe the sooner we did it the sooner I could withdraw my student status.

Trust me if you knew us or read the sworn testimonies of people that know us, there would be no doubt in your mind that were for real.

It just says I-130 denied. I reckon your correct, if the I-130 is denied then the I-485 is useless.

The letter says I can appeal and the lawyer explained the basis for the appeal which i'm not a lawyer to explain it to you guys. But if it means I overstay my visa because i'm having to appeal then I will not be appealing.

I believe if I went back to the Uk, my wife files a cr1. We should have no issues.

Yesterday I received a I-130 letter notice of denial.

Basically it is because I failed to prove we are legally married.

My story, came to the US on an F1 student visa.

My wife is a US citizen, weve had a relationship for 2 years now. When I met her she was separated from her ex husband. Approximately 18 months after being separated she was legally divorced. We live in Alabama, in Alabama there is a 60 day wait period before one can remarry. At this point my student visa was about to end and after being together for a long time we got married in Florida. Before we had got married we checked online and checked with the courthouse that we can get married in Florida prior to the 60 day wait period ending. Florida waives the 60 day wait period for out of state residents. So on day 55 of 60 we got married. Came back to Alabama and filed for an i-130, i-485 and i-765.

In September we had the interview and from the beginning of the interview I knew we were going to be screwed based on the behaviour of the I/O and her lack of interest in our relationship.

At the time we did not have an attorney due to the high cost.

We wrote to the senator and congressman to see if they can assist. Some advice for you guys, don't bother they are of little assistance. They do not do anything more than a service request.

The same goes for an infopass, if you don't live close to the processing center, don't waste your time travelling 400 miles to get told f.a. An attorney I spoke to confirmed infopasses are a waste of time.

Anyway in feb I had requested an infopass before knowing the above. I was told the case is pending. I told her yeah no kidding i've been pending 6 months. She then said we will need to be interviewed again at some point.

A week later to cover ourselves in case our Florida marriage wasnt recognized by Alabama we got married in Alabama, no worries. Uscis are not aware of this.

So 2 days ago I received a letter i-130 notice of denial.

I have spoken to an attorney who said I got 2 options.

1. Make an appeal. The case law that USCIS are basing it on krud vs krud does not apply in our case, if anything it helps our case. She basically baffled the hell out of my brain as to why she believes we have a good chance of winning.

2. Refile.

I'm going to speak to her on Monday to clarify some questions.

If I make an appeal and the 30 day denial period expires, will this be allowed or will this mean I will overstay?

Can I refile in the US without going back to the UK? if i refile in time I wont be classed as out of status but I do not know if my ead will still be valid?

3. Refile in the UK for a CR1.

Any educated responses are appreicated. Smart asses keep your sarcastic comments to yourself.

With regards to option 3. File CR1 in the UK. I would use the Alabama marriage cert/license. There were no other reasons why we were denied. Evidence wise I have over 2-3inches of paper evidence.

Awesome, the cr1 is much easier to do than what I have already had to do, we have all the documents and the process seems much easier. We have a co sponser that meets the requirements. It took me 3 months to find a great job, ive been in it for 1 month and now more than likely I will have to go back to the UK to file the cr1 this sucks.

If I was to refile here under a denial status what would it be, an i130? Surely it wouldnt be an i485 as I wouldnt be in a normal status, any ideas?

just reading the cr1 guide now.

Would I need to apply to adjust status to permanent resident once I enter the US or would It allow me to enter the US as a permanent resident.

Also with regards to a co sponser, would they need to fill out a separate i864 showing themselves alone earns over the 125%of the poverty threshold, supply 3 years of tax returns? There a US citizen and resident, my friend not a relative.

How long does it typically take?

The attorney believes I have a strong case, she explained it to me and for me to reiterate what she said is very hard as its attorney language, the case law they used to deny me "krug vs krug" apparently apparently works in my favor.

When I say refile, I mean it would be a new application based on our new alabama marriage certificate not the original florida certificate that caused the issue.

With regards to the denial, the attorney basically said we would write a letter accepting the denial and then file a new application, because there has been a notice of denial we are still allowed to apply for a new application.

With regards to does Alabama recognize our Florida marriage license on the basis of remarrying within the 60 day wait period. I don't know. People on here will quote legisitation saying it is, while other places say it isnt. We have had no problems in Alabama with it and the attorney said that it should be recogniozed and weve been married as common law. It's hard for me to understand all the legal spiel.

I'm going to speak with the attorney again on Monday, but right now time is of the essence and we need a back up plan and do what we can within the time allowed.

Basically this is my actual situation. Came to the US 2 years ago on student visa, met my wife who is a US citizen. She was separated but still legally married, she filed her divorce papers and in our state there is a 60 day wait period before remarrying. We checked with a number of sources that if you marry in certain states like Florida and Nevada there is a no wait period for out of state residents and that the home state must recognize it.

So we got married filed an I-130, I-485 and I-765 to adjust permanent status. I-765 was granted soon after. 4 months after filing we had the green card interview and had a poor interviewing officer who was trying to find faults with our application. She made an issue of marrying during the 60 wait period, we had explained to her that we checked and was told it was ok. She was told she would check and let us know a decision in the mail.

During this time I withdrew my student status as I could not afford to stay in college. This is legally ok as I was in a pending status for the green card.

7 months later we received a notice of denial for the I-130. The only reason we had been denied was because they think we are not legally married in our state and therefore I am no elgible.

1 month prior to receiving this denial letter we did actually get married in our state.

We now have the option to appeal. I only have the money to hire an attorney to appeal or instead I will go back to the UK and file from there.

I have briefly spoken to an attorney who said if I am quick I can refile stateside. Is this true?

If so forms would I be filing?

I assume I would have to take the medical examinations again. We have all the evidence etc so I could get the information packs, forms etc ready within a day.

I really do not want to leave my family and have to refile in the UK, so if I can refile here I'd really apprieciate some advice.

I can only afford an attorney to either appeal their decision or file it myself.

I currently work fulltime on my EAD card. As the original application is denied will this mean by EAD will be expired by the end of the 30 days denial period or can I still work while I am refiling. The attorney said I could indeed I wanted to check.

Ok, I am a British citizen and I am legally married to my wife who is an American citizen.

Lets say that I am currently livingr in the UK and she resides in the US. What visa do we need to apply for?

At the 1st interview I brought a stack of evidence, I literally mean a stack, I will bringing more up to date evidence this time.

Do they have a reason to suspect me? I would say yes, the i/o has a reason to suspect me BECAUSE she did not ask the proper questions and take time to get to know us. I'm not sure what the timeline says, I deleted the timeline from my signature as it was out of date and I don't have the time to update it as I no longer have internet access, when I do it is very short.

The issue of marrying after the divorce has been settled. Basically we got married 50 days after my wifes divorce, did the I/O ask how long my wife had been separated from her ex husband, no she didnt, which was approx 1.5years. Regardless I have read many stories on here of people travelling on a tourist visa and marrying after 2 weeks from meeting the person. I have known my wife 11 months before we married, lived together 6 months before we married, in my opinion that is not a short time.

I'm not worried about being questioned about our relationship, no worries, its the waiting and uncertainty that is the problem.

Sundrop, my marriage is actually considered legal. I had already contacted the court house in Florida to check if indeed the marriage was legal before and after marriage while living in Alabama. They can do this as long as the bride and groom is out of state. I also know that Alabama does recognize our marriage. I know USCIS had contacted their immigration attorneys to check this, while if USCIS had found our marriage invalid I certainly would not be going back for a second interview.

I do not have the luxary of affording an immigration lawyer, while the few I have spoken to were a waste of time.

To add to this, when we had the interview, the I/O was barely interested in us or our story. We provided loads of evidence and photos, most of the evidence she had flicked through very quickly. As ive said before she looked like she was new to the job and didnt want to be there on a Saturday. I get the impression we are being suspected of not being bonafide due to the lack of info gained in the first interview. In my opinion this is because the i/o didnt ask us questions that other people on here have been asked.

I really hope this 2nd interview is the so called stokes style interview because we know each other so well and are legit.

Our situation, filed for AOS i130 and i485 in June. We had the GC interview in September and was not given a decision there and then, but was told we would know by the end of September. The gc interview was a bad experience as the I/o officer seemed disinterested in getting to know us and our relationship. It was as if we were guilty until proven innocent.

We heard nothing so I made a case update request and was told it is outside the normal processing timelines because it is undergoing additional review.

In November I wrote to my congressman and senator seeking assistance. Early January the congressman informed us that the case is going under final review. Come February and still nothing so we requested an info pass.

Today we attended USCIS infopass. When we were attended to by the clerk, I told her I need a case update as the online case status system hadnt been updated since august. She told me to sit down and wait. 5 minutes late she said please wait as I need to contact my supervisor. Half and hour later I reocognised the I/O walk past me and spoke to the clerk. The I/O then hid behind a wall as the clerk spoke to me.

I asked the clerk what is going on. She said my case is pending, I said yes I know but what exactly is going on now and what happens next.

She said that we will have to attend another interview. I asked why, she said she did not know why. I asked when would we receive the notice re the interview she said she did not know.

Does anyone know why we would have to attend another interview?

I'm reading some pages on google regarding stoke interviews, putting us in separate rooms and asking us each questions about one another?

Thanks peeps, sure has been a long time.

I got another question originally when we sent of the I864 affidavit of support. We listed her disability benefits (NOT ssi) which is included within household income, her job and my job.

Even without my job listed on there we were above the 125% threshold. I am basically being laid off this week. Even without my job we are still above the poverty threshold.

My wife has since changed her job since sending all the uscis forms off back in july. Her income is probably the same or more, not less. At this stage "final review" do I need to make uscis aware that she has changed jobs, in case they check with her old employer and find out she is no longer working at the place listed on the i864?

I have my senator and congressman already on to them. I was advised it is under final review.

Ill choose the last option. Yes I have a service request confirming it is outside the normal processing times.

When scheduling an infopass to find out what is going on with my application which option on the uscis site am I supposed to choose?

None of the options really apply?

Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.

Case Processing Appointment - If you received a notice to go to your local office for further case processing.

EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.

Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.

I got my service request reply back within one week.

Watch it I bet it says "Additional processing"!

That really sucks but it's to be expected with USCIS.

It folks on here have been waiting for the decision since April, then I guess it could be worse for me.

Yes renewing your EAD due to USCIS taking their time is a rip off.

The Sentators office called my wife yesterday and said that they spoke to USCIS again, and they advised that it is within the standard processing guidelines and is awaiting a final decision by an officer, the process takes 4-6 months.

Well the case isn't within the standard processing guidelines, unless USCIS means that the standard processing guideline is 4-6 months for the decision after the green card interview.

Also what does final decision mean exactly as this was the first I have heard my case awaiting final decision.

Surely final decision does not mean additional review?

Thats for the support people

Sorry I missed this section out from the top when I copied and pasted it.

Well it has been a while since I last updated the thread, this has been down to 2 reasons, 1 nothing has happened,2 I am so stressed and depressed, I find it hard to hold back from exploding after reading some peoples comments, not just on this thread but others also.

As a few people have asked what is going on with my application to adjust status, I don't have a clue.

In October I contacted USCIS via telephone to find out what was going on. The woman that answered the call gave me the usual machine like reply of "I can't advise you on your case" WHAT CAN YOU TELL ME THEN? She advised me she would send a message to Atlanta USCIS to ask them to update me on my case. Fair enough a week later I received the "service request" with a copy and paste response of my case is taking longer than normal to process, as it requires additional review. It doesn't go into what additional review is or why it requires additional review or an estimated time of completion the additional review will take.

I have attempted to research what additional review means in the world of USCIS and there is no official answer, just theories, some say its checking the information with a fine tooth combe, some says its security checks, who knows.

I looked into scheduling an info pass however, once you request a service request you must wait 45 days before requesting the info pass. I know some people have not waited that long but I wanted to play it by the book.

This 45 day period has now expired so I am ready to do an infopass. However I do not feel confident the info pass will do any good. I don't like the idea of driving a 400 mile round trip to Atlanta to be told the reason they have not come up with a decision is because my case is receiving additional processing.

In mid November I wrote a letter to my congressman and senator requesting assistance. Within 3 days of sending the letter, the senator had replied back advising he was contacting USCIS and he awaits their response. Today my wife received a telephone call from the senators office, they had said that they had contacted USCIS, and are still awaiting to hear back from USCIS as they were only told the case is processing. On the plus side the Senators office called me back the other week to let us know they are staying on the ball and will let us know when they hear something. Also the congressman's office advised us they are trying to get a response. I next need to arrange an info pass but I do not hold much hope it will provide anything fruitful.

I recall reading Saspk's thread before his AOS was approved. I remember thinking I feel sorry for the guy and thought there's no way I'd like to be in his position. Well it took him 103 days to be receive a decision, I am on day 110. It is now New Years Eve. New Year, same problems.

Meanwhile my wife is on the borderline of a nervous breakdown because of this, literally. I am serious when I type this, she is at the breaking point and cannot handle the stress of not knowing how our lives will continue. I am not as bad as her, but I am seriously depressed, I can't eat, sleep, I'll run 8 miles in the cold to take my mind of the whole situation. Do USCIS really care? No, we are just another number to them.

I remember posting that USCIS should not be in control of our lives and should not solely have the power they currently have when they operate like the CIA. USCIS is supposed to be a government organization but they operate clandestine.

I paid approximately $1500 dollars for a service that I am not receiving. All I am being told is that my case is being processed under additional review. I want to know, exactly what has been done to it, what other things need doing and how long will it take. I want to call a telephone number and ask what is going on, however USCIS is a faceless organization and you can't simply call them.

When I got a request for evidence, I got a copy and paste response from USCIS legislation about proving I had authorization to work. Well they didn't have the time to have someone write exactly what the problem was or what was required, instead my wife and I had to decipher exactly what they needed. And it turned out the evidence they had required were their own laws.

A student on an F1 visa is only allowed to work on campus, no more than 20 hours a week. This is common knowledge for any organization that processes the I-20, the USCIS. I had to list my part time job on the affidavit of support to supplement my wife's income. My income is above the 125% poverty threshold. I had to print off the USCIS's own forms and highlight where in their own laws I was legally authorized to work.

What makes me mad most of all was the AOS interview. The IO spoke to us like we were scum. There was no smiles, no hello how are you doing, no ice breakers. I was greeted with STAND UP and SIT DOWN. My wife was not allowed to speak freely, it was a case of speak unless spoken to. We were treated guilty until proven innocent.

The IO only asked questions to confirm we said we were on paper. She asked why I was no longer in college (which was fully legal) and why we got married in another state. She made notes with her wicked red pen and was flicking between papers. There were no other questions.

I was under the impression the interview was to prove whether we are a legit couple. I was under the impression my wife and I would be separated into 2 rooms and asked personal questions that only a real couple would know. None of this happened. I've read some pretty damning reviews of AOS interviews but ours was far worse than any I read.

I know a lot of people on this forum and many other visa forums have had and are currently having terrible experiences with USCIS but are too scared to voice their opinions because they believe USCIS monitors these forums and they don't want USCIS to throw out their application or have it affected in any negative way. Whether USCIS monitor this or not, they have let me down badly.

Frankly I love my wife and America with all my heart. I would never do anything to harm anyone or any thing. I love muscle cars, especially ford mustangs. When I speak to my good friends in the mustang clubs, and they ask me our story, they cannot believe the struggle we are enduring. It is totally unamerican.

For a lot of foreigners coming to the US, the USCIS is often the 1st contact a foreigner has with America. This organization does not set a good example for others citizens in America.

Of course there should be control over immigration, however the current system is not fit for purpose.