|
|
| San Jose CA |  Review on May 5, 2009: |
Suaya415
Rating:  | Review Topic: Adjustment of Status
Our case was rather strange - my husband filed for a family based AOS (I-130 filed by his father in 1992) and I filed as a derivative beneficiary. My husband is from Mexico and we waited 16 years for his PD, we were both covered by INA 245(i). Packet (I-485 etc.) sent in August 2008.
The interview.
Our IO was very cold and formal. We were sworn in, asked standard questions about terrorist activity etc. and then she read aloud what we had put in our immigration forms. We brought every single document they had asked us to bring plus many more that we thought might be helpful; our file was about 8in thick! She did not ask us for a single proof of bona fide marriage, no questioning, rental agreements, bills - nothing (even though we had it all).
For some reason she wanted to see all our NOAs, which we had. Ufff. Then she wanted a proof that I was still attending school (an F-1 international student), which at this point didn't really matter. I had to maintain legal status until filing the documents for AOS, not to the interview date. Even if I didn't, then I file I-485 A, pay a $1,000 and I'm good (INA 245i). Nevertheless, I was still going to school. Unfortunately, my student ID expired a week before the interview, which I was not aware of. Well, too bad, but I still had my school transcripts and enrollment statements (who brings that to the AOS interview??? )  , which finally persuaded her. After that I was done and it was my husband's turn to present all relevant evidence.
The IO asked him a couple of questions regarding him crossing the border without inspection and unauthorized employment (all taken care of by 245i). Then she demanded a proof of his physical presence in the US in 1998, which was yes, 11 years ago:D She wanted him to show her a stamp in the passport. Well, didn't I say that he came here illegally? Maybe driver's license? Doesn't she know that one needs SSN and a legal immigration status to obtain such in California? What is more, she couldn't have asked him that. There is a provision in section 245i that the intending immigrant will have to prove his physical presence in the US on 12/21/2000 if he filed after January 14 1998, and on or before April 30, 2001. My husband's I-131 was filed in August 1992, so he does not have to prove his presence. What is more she wanted him to prove that he was here in 1998 and not in December of 2000 as the law says. I told that to our IO, but she shrugged her shoulders and handed us a 30-day RFE. To me she knew that we were clean and well prepared and she was just looking for something to deny us our GC. When she didn't find anything wrong she just made it up.
The only proof of his presence we had were his pictures with the Golden Gate Bridge in the background stamped at the back Kodak Sept 1998 and Jan 1999. We attached ~10 of these, 5 affidavits and an explanation letter, after which our case was approved within a week.
| |
|
Consulate / USCIS Member Review #4335