Failed Interview

[Thenewdogbarks 0]

Unfortunately today, I believe I failed my AOS interview that was based on marriage to a USC. I got married to a USC in 2005 after having overstayed my student visa for 3 years. After we got married in 2005, we were very happy for about 6 months and the relationship got rocky. At that time, we didn't make any efforts to have any joint assets to prove our bonafide marriage. We separated for 2 years but never divorced. I told a common friend that I was planning on asking my wife for a divorce and he committed to helping us out with our failed marriage. We worked things out in the beginning of this year and renewed our vows. This time, the relationship has been going great and once we got back together, I told my wife that we needed to start gathering documents to prove our bonafide marriage for when we decide to file for AOS. So we opened a bank account together in March, have an investment property, car insurance, credit cards, bills.. We filed for the AOS and were granted an interview today.

Everything was going well till the IO started asking us for proof of our bonafide marriage. When we presented the documents to him, he stated that all the proofs that we submitted was between March and December of this year and he wanted to see proof from when we first got married in 2005. We told him that we didn't have any and that we separated for 2 years and that's when his behavior totally changed in a negative way obviously. He knew our lawyer very well, which reduced his anger a bit.

At the end, he took my I-93, gave back my passport and EAD (which I believe is a bad sign) and said that's all I have for you guys, "have a nice day".

I am really saddened that this happened and I am sitting here wondering what the next step will be. He didn't seem to doubt the validity of our marriage and that didn't seem to be his issue, he had issues wit the separations and the facts that we had no documents together when we first got married in 2005.

Any comments or advice would be greatly appreciated.

[toma1 10]

Wow... never heard of anything like that. I have no idea. What did your attorney say about the interview?

[reeses16 8]

Giving you your passport & EAD is not a bad sign. Your green card would be mailed to you after the interview. It may not update for sometime, but your online case status might give you more info.

Yes, your situation (no proof of the relationship before March) looks bad. But there's nothing you can do about it now. Maybe you can look and see if you have any proof from earlier in the marriage, in case it is requested. You don't have to have joint accounts and bills, typically IDs with same home address, bills from both individuals with the home address listed, separate bank account statements with the same address. But really I think its wait and see.

[Ensamvarg 6]

I was granted permanent residency today and the IO took my I-94 but told me to keep my EAD.

I don't think that's very rare and when I got home I had a CRIS update saying that Card Production Ordered.

Keep an eye on the website and hope the IO decided to let you pass through.

GOOD LUCK!

[Thenewdogbarks 0]

Giving you your passport & EAD is not a bad sign. Your green card would be mailed to you after the interview. It may not update for sometime, but your online case status might give you more info.

Yes, your situation (no proof of the relationship before March) looks bad. But there's nothing you can do about it now. Maybe you can look and see if you have any proof from earlier in the marriage, in case it is requested. You don't have to have joint accounts and bills, typically IDs with same home address, bills from both individuals with the home address listed, separate bank account statements with the same address. But really I think its wait and see.

I believe that our attorney didn't want to sound too skeptical considering we were distraught after the interview. He said to just think of something we may have from 2005 but the fact of the matter is we really don't have anything (as sad as it sounds). He also said that they may send us an RFE requesting that evidence, which we obviously don't have.

At this point, it's a waiting game.

Thanks guys for your replies.

[Thenewdogbarks 0]

I was granted permanent residency today and the IO took my I-94 but told me to keep my EAD.

I don't think that's very rare and when I got home I had a CRIS update saying that Card Production Ordered.

Keep an eye on the website and hope the IO decided to let you pass through.

GOOD LUCK!

Thanks buddy and congrats. Unfortunately, no CRIS e-mail or online update as of yet.

[jhunjhun 7]

Giving you your passport & EAD is not a bad sign. Your green card would be mailed to you after the interview. It may not update for sometime, but your online case status might give you more info.

Yes, your situation (no proof of the relationship before March) looks bad. But there's nothing you can do about it now. Maybe you can look and see if you have any proof from earlier in the marriage, in case it is requested. You don't have to have joint accounts and bills, typically IDs with same home address, bills from both individuals with the home address listed, separate bank account statements with the same address. But really I think its wait and see.

I believe that our attorney didn't want to sound too skeptical considering we were distraught after the interview. He said to just think of something we may have from 2005 but the fact of the matter is we really don't have anything (as sad as it sounds). He also said that they may send us an RFE requesting that evidence, which we obviously don't have.

At this point, it's a waiting game.

Thanks guys for your replies.

Just heartens your mind and heart...don't worry everything will be alright.

[toma1 10]

Giving you your passport & EAD is not a bad sign. Your green card would be mailed to you after the interview. It may not update for sometime, but your online case status might give you more info.

Yes, your situation (no proof of the relationship before March) looks bad. But there's nothing you can do about it now. Maybe you can look and see if you have any proof from earlier in the marriage, in case it is requested. You don't have to have joint accounts and bills, typically IDs with same home address, bills from both individuals with the home address listed, separate bank account statements with the same address. But really I think its wait and see.

I believe that our attorney didn't want to sound too skeptical considering we were distraught after the interview. He said to just think of something we may have from 2005 but the fact of the matter is we really don't have anything (as sad as it sounds). He also said that they may send us an RFE requesting that evidence, which we obviously don't have.

At this point, it's a waiting game.

Thanks guys for your replies.

I guess all you can do is wait. I think it will be probably be ok. But I can understand why the officer was upset, as well. I totally believe you, and he probably did, too. But if someone was perpetrating a visa fraud and didn't want to live together, they might very well show up with the same evidence that you had.... He's between a rock and a hard place.

[Thenewdogbarks 0]

Giving you your passport & EAD is not a bad sign. Your green card would be mailed to you after the interview. It may not update for sometime, but your online case status might give you more info.

Yes, your situation (no proof of the relationship before March) looks bad. But there's nothing you can do about it now. Maybe you can look and see if you have any proof from earlier in the marriage, in case it is requested. You don't have to have joint accounts and bills, typically IDs with same home address, bills from both individuals with the home address listed, separate bank account statements with the same address. But really I think its wait and see.

I believe that our attorney didn't want to sound too skeptical considering we were distraught after the interview. He said to just think of something we may have from 2005 but the fact of the matter is we really don't have anything (as sad as it sounds). He also said that they may send us an RFE requesting that evidence, which we obviously don't have.

At this point, it's a waiting game.

Thanks guys for your replies.

I guess all you can do is wait. I think it will be probably be ok. But I can understand why the officer was upset, as well. I totally believe you, and he probably did, too. But if someone was perpetrating a visa fraud and didn't want to live together, they might very well show up with the same evidence that you had.... He's between a rock and a hard place.

I agree, I am totally not mad at him but disappointed in the situation. He has a job to do and I respect that. The circumstances weren't ideal and all I can do is wait.

[candyace 0]

Maybe you can ask friends and family for pictures of the two of you from events that you possibly went to? Just a thought. Good luck with this.

[Thenewdogbarks 0]

Maybe you can ask friends and family for pictures of the two of you from events that you possibly went to? Just a thought. Good luck with this.

Thanks. All I can do is be positive and wait patiently.

[Lili 3]

Affidavits/sworn statements can also be helpful.

[Thenewdogbarks 0]

Affidavits/sworn statements can also be helpful.

These are all great ideas but who do I send them to? I have no idea what's going on or what's going to happen. Am I going to get an RFE? Will I jut be denied? Will I have a second interview?

Like I mentioned previously, he just said thank you and have a nice day and showed us the door...

[jhunjhun 7]

Affidavits/sworn statements can also be helpful.

These are all great ideas but who do I send them to? I have no idea what's going on or what's going to happen. Am I going to get an RFE? Will I jut be denied? Will I have a second interview?

Like I mentioned previously, he just said thank you and have a nice day and showed us the door...

You need to wait for the decision, they might request you to provide more evidence pertaining to bona fide marriage between you and your wife. Or, they will grant you for the approval. Don't worry, it's not time for me to say that you'll be approved but hoping for all the best luck. You've tried everything that your relationship will work out and back to normal, they must understand that.

[Thenewdogbarks 0]

Affidavits/sworn statements can also be helpful.

These are all great ideas but who do I send them to? I have no idea what's going on or what's going to happen. Am I going to get an RFE? Will I jut be denied? Will I have a second interview?

Like I mentioned previously, he just said thank you and have a nice day and showed us the door...

You need to wait for the decision, they might request you to provide more evidence pertaining to bona fide marriage between you and your wife. Or, they will grant you for the approval. Don't worry, it's not time for me to say that you'll be approved but hoping for all the best luck. You've tried everything that your relationship will work out and back to normal, they must understand that.

Hopefully!