Nartaki

The 30-60-90 Day rule is a bunch of bullshit.

The Matter of Cavazos and Matter of Ibrahim are 2 precedents by which the former INS lived by and the current USCIS lives by. If your spouse is a US Citizen, then in the absence of other adverse factors, you are still eligible to get your greencard even if you had a preconceived intent to remain in this country.

Being turned away by CBP is possible only if they suspect that you are reentering the country with a different intent.

Are you officially engaged? If you aren't then I wouldnt use the word "fiance" at the airport. You would use "friend"

If you are officially engaged, then you must use the word "fiance" at the airport (only if asked). Never lie as all comments you make are recorded on paper.

In most cases CBP officers write "NO COS/AOS/EOS" on the I-94 instead of turning away students with intent.

Once you send in your AOS package to USCIS, you receive an Alien Number (immigrant status) and this automatically invalidates your F1 status (non immigrant status). Also approval of the I765 and I131 do not depend if you are in status or not.

Vivizoka: seems like your school doesnt want to lose your tuition money so they are giving you bad advice. If you want to quit, you can. USCIS will not question your motives in quitting school.

You can quit school once your AOS processing starts.

If you enter the country on a nonimmigrant visa (F1 or tourist) with the intent to immigrate, that is illegal.

But it is NOT enforced. You are protected under the Matter of Cavazos and Matter of Ibrahim where a preconceived intent should not cause a greencard to be denied if it is the only adverse factor in your application AND you are married to a US citizen. The 2 court cases have protected hundreds of couples adjusting status who had a preconceived intent to remain as immigrants for the past 30 years.

However, if you get married now and leave the country and reenter on a student visa, that is called misrepresentation and can cause a greencard to be denied.

This is what you should do: get married now and apply for AOS. Leave the country on Advance Parole, enjoy your vacation and then reenter the country on Advance Parole.

Hope that helps.

The USCIS already has a record of this incident in your file. So when they review your case for citizenship, they will come across it.

Your best bet is to find a good lawyer and get a letter from him/her explaining the USCIS error and include this in your package for citizenship.

I dont think your citizenship would be denied because of a prior error on the part of USCIS

it took us about 6 days to receive the RFE letter following the email.

It depends on how far you live from Missouri

If you missed your appointment, they will deny the case. You should be receiving a letter of this denial and asking you to depart the United States.

Dont leave the US!

You will need to file a "Motion to Reopen" and chances are they will give you a new interview date. There have been many people who missed their apppointment dates due to address change, mail getting lost and other issues and have successfully filed MTRs. You may need to get an attorney involved in your MTR. The MTR form is I-290B and it costs $585.

Yeah. You dont to bring those documents to the interview unless already submitted.

We brought them anyway to the interview, and nobody asked to see them.

Also, the immigration folks are more concerned about the quality of evidence, rather than quantity of evidence.

High quality evidence includes joint financial assets and liabilities (mutual funds, IRAs, bank accounts, mortgage, life insurance, car insurance, health insurance, house, car, tax returns, credit cards, cell phone, utilities), children and a large wedding with hundreds of guests.

Medium quality evidence includes wedding photographs, joint vacations, same address on drivers licenses, name change

Low quality evidence includes affidavits, emergency contact, cards, notes, records of phonecalls, letters, chat logs, emails

Its good to have a mix from each category.

You will need to start making a photo album showing your dating, wedding and post wedding pictures. Along with that any documentation that will convince a layperson that you are infact married. Most people are unable to get documents without a SS number. However I was able to get the following without a SS number for my non-USC spouse:

Added her as an authorized user on my credit card

Added her as a beneficiary to my life insurance policy, IRA, mutual fund accounts, life and car insurance.

I couldnt get joint utilities without the SS number, but I am sure you can explain to them if asked.

Got the greencard today. It has so many holograms on it!

Gone are the days when the USCIS approved AOS from the Visa Waiver Program especially if the applicant overstayed the 90 days. Thanks to Momeni v. Chertoff, where the 9th Circuit Court of Appeals simply stated that applicants from the VWP who overstayed by 90 days and then applied for AOS, should be denied.

So even if you married a US citizen, Momeni vs Chertoff prevents the USCIS from giving you the greencard.

It would only be rational for someone to assume that you pay all that money for your AOS package, you get treated rudely by the customer services staff at USCIS. Imagine buying a $1075 dress at a retail store and you get treated like that?

I dont think such a confrontation would affect your greencard chances, but next time be careful...esp at the interview.

congrats Harpa and others.

Looks like we are all done for the interviews for now.

They take your name, date of birth, SS number and address and run it over multiple checks:

1. Prior immigration history (how you entered the country, if you petitioned for anyone before, prior fraud investigations)

2. FBI Name check (local, state and federal criminal database registries)

3. IBIS/TECS (inter agency "wanted" databases)

4. FBI Fingerprint checks (if your fingerprint matches the criminal database)

5. IDENT (if your fingerprint matches the person fingerprinted when he/she entered the country)

Congrats to everyone who were approved this week

We went out last night for a romantic dinner and we were just so happy that we were done with the process.

In any case, I hope to see you all for Removal of Conditions in 2012.

So we had our interview today.

Our interview was scheduled at 1 PM but we were there at 11:45 AM and the security staff asked us come back at 12:15 PM. We went into the room dropped off our letter at 12:45 PM and were asked to wait until they called our name. There about 6 couples, a few of them had lawyers. A couple who had gone before us came out visibly upset, I wasnt sure what it was about.

While we were waiting, a lawyer came up to the window and asked for an immigration officer, a young Hispanic woman. Apparently, the lawyer had a client who was denied for insufficient evidence of bonafide marriage.

They called our name at 1:45 PM by the same Hispanic woman. She brought us to her cubicle and swore us in. After that, she spent about 5 minutes looking over our file. She asked for birth certificates, IDs, EAD card and SS card. She asked us how we met and why we got married. I started talking and my wife chimed in.

She then asked my wife about my occupation and where I worked. My wife fumbled around the name of my company, but I was able to help her out. She then asked us if were previously married? had children? if we had a traditional wedding ceremony? when my wife entered this country? what college she studied? her major and when she graduated? who we live with? If I commute to work? where my sister lives?

She then asked us for evidence of bonafide marriage. We gave her copies of our statements from our joint bank account, joint car insurance, joint health insurance, receipt of us buying furniture, joint cell phone account and we she went through our photo album of over 200 photos.

She seemed satisfied, leaned over her desk and handed us a paper explaining "removal of conditions". She congratulated us and told us she will be recommending approval of the AOS.

At about 6:15 PM I received a text "Card Production Ordered".

sorry guys I have been out of action.

I just started a new job and they are really keeping me away from the computer.

But anyways...I gathered all my documents in a huge plastic crate.I got a few hours off from work for this, they want to come in the morning do some work then leave for the interview and then come back to work.

So lets see what happens...

congrats Kerrin and all the others who received approvals.

We waited for about 10 days before my SSN card arrived. They do verify the A-number with DHS to see if the person is eligible for a SSN.

Try to contact the USCIS ombudsman. In a situation like yours, they can directly deal with the people who adjudicated the applications.

Did you get an attorney to look into this?

It seems like they are doing their own investigation confirming the fact that you didnt leave the US despite you having a return ticket. They will probably talk to the airline involved and confirm the passenger manifests to see if your name was on it. That can take a couple of months

Congrats. I hope you get your card production emails soon!

I am so nervous about the interview, with the detailed questions being asked. Atleast I wont be walking into the interview nonchalantly.

good luck tomm Bes...I cant wait to say congrats by the end of tomorrow.

Tmobile is not that great, but its cheaper than lots of other phone services. I had verizon before and it was too expensive.

The only concern I have is we dont rent or lease, as we are living with my parents. Would this create a problem for us? Anyone here used an affidavit about the living arrangements?

I started preparing for the interview.

I have the following evidences of bonafide marriage:

1. Affidavit from my dad stating that both of us live with him

2. Both of our drivers licenses showing the same address

3. Joint checking account showing the past 3 months statements

4. IRA account listing my spouse (non-USC) as the beneficiary

5. Life insurance policy listing my spouse (non-USC) as the beneficiary

6. Joint TMobile cell phone account

7. Receipts showing both of us purchasing furniture together

8. Joint credit cards

9. Affidavits from my mom and uncle confirming our relationship

10. Wedding cards from our family congratulating us on our wedding

11. 200+ photos from our dating period, civil wedding ceremony and various social events

12. Letter from my employer listing my spouse (non-USC) as an emergency contact.

We do not have a lease, utility bills or home deed because we live with my parents. All those documents are in their names.

Is this enough? Will we need more?