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Filed: Timeline
Posted

I have been a silent reader of visajourney for sometime now. Here is my life story. I know its long but I hope you will find it worthy of your time. I would appreciate any comments or suggestions

1) I came to the US on a student visa in 2001 from a country with predominantly Muslim population.

2) I visited my home country in summer 2003 and got married (the biggest mistake of my life) to a girl chosen by my parents (aka arranged marriage). Stayed there 2 to 3 weeks and came back to the US to resume studies.

3) I had problems at developing a bond with my (then) wife. Despite all the efforts, I found it very hard to fall in love with her. We also started having fights on trivial matters and our communication dried up to almost nothing.

4) Towards the end of 2003, I told my parents as well as her family that I want to end this marriage because I am not happy and we don’t have feelings for my wife. The hell broke loose and I was told that “You cannot divorce her, what everyone will say in the community, and no one will marry my (then) wife again.”

5) We (me and the two families) reached a stalemate. I was not ready to continue that marriage but because of family pressures, I did not push things any further to give everyone time to calm down. I had a very limited contact with my family and (then) wife.

6) I started seeing a Latin girl in 2004. She was not a US citizen or LPR. She was here on a tourist visa. She invited me to her country and I visited her in fall 2004. On my way back from her country, the US immigration officer at the airport gave me a tough time. From my I-20, he could see I was married. He explicitly asked me if the Latin girl knew that I was married, and I said, “yes she does”. He also asked me all kind of personal questions which I answered truthfully without going into the details. He was very uncomfortable with me for some reason. He started running some checks on his computer and said, “your name matches someone on a terrorist watchlist.” My heart started sinking. He made some phone calls but at the end he said “you are not that person and you are good to go now.” He seemed very disappointed that he could not detain/deport me.

7) Few months later, two ICE agents knocked on my door at 5 am. They checked my passport and asked me some basic questions and marked my I-94. I thought it was just a random check up and nothing more.

8) Towards the end of 2004, my family’s stance towards my divorce decision softened. My divorce got finalized in spring of 2005. The Latin girl became my gf but we finally broke up towards the end of 2005. By the way, my parents hated the fact that I dated a non-Muslim girl. They also hated that I was not a religious being anymore.

9) My relationship with my family became somewhat functional again. My family told me that my previous wife got married and moved out of the town. I was very happy for her.

10) In the spring of 2006, I started dating my (now) wife who is a USC.

11) In autumn 2006, FBI showed up on my apartment and interviewed me. The agent asked me all kinds of questions (some of them personal), which I answered truthfully. At the end of the interview, he told me that my name and nationality matched someone on the watchlist and the state department had cancelled my student visa back at the start of 2005. He did not mention anything about my intensive questioning at the airport in 2004 (which I suspect started this entire mess) but he did ask me why I visited South America. :::: P.S. Visa revocation is only effective upon departure from the US. Since I did not leave the US during that time, my immigration status was never compromised. Had I left the country after the visa revocation (which I was unaware of until my interview with the FBI), I would have never been able to come back.

12) A few months after the interviews with the FBI, my name got cleared and I, according to the agent, was removed from all the wachlists and the case against me was eventually closed by the state department. I was told that it was just a mix-up and I should not face any problems in future.

13) In 2007, I finished the grad school and started working on OPT. My employer applied for H-1B which is still pending due to “background checks”.

14) I married my two year gf at the start of 2008 and applied for AOS in the summer of 2008. My I-765 got approved but my I-485 is still “under review” although the file has been transferred to the local office. I have not received the interview call yet. My FBI namecheck, however, has been completed.

Now I have a few questions

1) I don’t know for sure that how and why I ended up in this mess but I would like to find out. What I have been told that this mistaken identity was due my name and nationality matching up with someone else. I am in the process of filing FOIA with DHS, CBP, and DOS to see if I can get a meaningful answer. But since this issue is related to national security, I am afraid I won’t get any answer. I feel so helpless. My question is, do these FOIAs really help or am I wasting my time?

2) I am afraid that my I-485 is indefinitely stuck in this “under review” phase just like my H-1B. Is there anyone I can contact who might be able to help me. For my H-1B, I contacted lawyers, congressman, senator, first lady without much success. Everyone replied back saying that the background checks can’t be expedited.

3) How elaborate I have to be at my interview? Do I need to discuss each and every detail surrounding my arranged marriage and divorce?

4) When I get my I-130/I-485 interview, if it is possible for the officer to pass a moral judgment and deny me just because I started seeing someone before I was officially divorced?

5) Do I need a lawyer at the interview?

This endless wait is taking its toll on me. Lately, my performance at work has dropped. I used to be a workaholic but all this uncertainty is hampering my ability to be productive. I have also started wasting too much times on immigration forums in a hope to find some useful information. My wife has been very supportive of me.

By the way, I don’t have any criminal record other than few speeding tickets. There is no aspect of life which is even remotely related to crime or terrorism.

I would welcome any suggestions or comments.

Filed: K-1 Visa Country: Canada
Timeline
Posted

That was quite the read. The only question to which I could provide any possible answer is #3. I found that honesty, while not story-telling, is the best approach. If detail is

asked for, then give it. Otherwise, answer questions as directly and truthfully as possible. Sorry to hear about your situation. Best of luck!

USA_a.gif

Filed: AOS (pnd) Country: El Salvador
Timeline
Posted

I just wanted to say that I wish you all the best. I am sorry I cannot give you any advice, but I hope you can sort it out with the help of other more experience VJ members.

Never Lose Hope!

The truth will set you Free.

Filed Chicago LockBox 11-06-08

Filed I-4-85 / I-765

Received NOA 11-13-08

Biometrics Appt. 12-09-08 - Completed -

Jan 03 2009 Received Letter for Interview: Feb. 05 Yaaayyy!!

Jan 14 2009 Emailed by CRIS: AP I-131 Approved

Jan 15 2009 Emailed by CRIS: EAD I-765 Approved

Jan 20 2009 AP received by mail

Jan 28 2009 EAD card received by mail

Jan 30 2009 Applied for Social Security Number

Feb 05 2009 Interview! Success!

Feb 10 2009 Received Social Security Card in mail

Feb 23 2009 Received 'Approval of I485 and I130' in mail

Received Green Card in the mail!

To Everyone: Be Positive! Your GreenCard is Coming!

Posted

I understand (to some extent) what you are going through. Every time my husband visited me in the US, he was stopped for a long period of time at immigration. He has a VERY common name; for example, he shares that name with both a US state senator (good?) and a convicted paedophile in England (VERY bad). The longest part of our process was waiting for the FBI check, since they had to make sure he was not one of the (many) nefarious individuals who share his name.

We were approved without incident or interview, however. Of course, his religion or nation of origin doesn't automatically make him a suspect of terrorism, either, so I understand you're in a dramatically more difficult situation, but just wanted to throw in my $0.02, for whatever it's worth.

Timeline of David's Petition to Remove Conditions:

08-01-2009 I-751 Mailed to VSC

09-01-2009 I-751 received at VSC

12-01-2009 Notice of Action/Receipt received

22-01-2009 Biometrics Appointment Notice received

06-02-2009 Biometrics Appointment in Newark, NJ

05-06-2009 Received notice that removal of conditions has been approved!

David's K1 Timeline Available here

David's AOS Timeline Available here

Posted

Well you must be a very decent, respectable person to have been through the interviews with CBP, ICE and the FBI and they didn't haul you off. It will probably show through at an AOS interview also. You sound very sincere and I would believe you. I don't think the USCIS judges morals, just the facts and eligibilty, and the gut feeling that you are in a sincere marital relationship.

This is a link about security checks that you may already know about, but I'll submit it for you anyway http://www.usaimmigrationattorney.com/Secu...tiveReview.html

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Filed: AOS (apr) Country: Zambia
Timeline
Posted

You seem very honest and intelligent, but in need of someone to help as your advocate with the government. You can't go it alone. It makes no difference what your religion is, but the Catholic Charities organization in your area does have specially staffed offices to assist immigrants on just such matters. To find out who to contact, you could call your local Catholic Church office. Good luck -- you deserve it.

On the other hand, of course, you need to accept that the U.S. needs to be very diligent in weeding out those who have reason to disrupt our security.

Filed: AOS (apr) Country: Jordan
Timeline
Posted

I also agree that you should seek some immigrant charity groups for some assistance. In addition, I would write to your congressman and senator and ask for help, tell them the story that you just told us. I dont know if they can assist you, but it cant hurt anything.

Im sorry that you have faced such difficulties and I wish you the best.

Lisa

"you fondle my trigger then you blame my gun"

Timeline: 13 month long journey from filing to visa in hand

If you were lucky and got an approval and reunion with your loved one rather quickly; Please refrain from telling people who waited 6+ months just to get out of a service center to "chill out" or to "stop whining" It's insensitive,and unecessary. Once you walk a mile in their shoes you will understand and be heard.

Thanks!

Filed: Timeline
Posted
Well you must be a very decent, respectable person to have been through the interviews with CBP, ICE and the FBI and they didn't haul you off. It will probably show through at an AOS interview also. You sound very sincere and I would believe you. I don't think the USCIS judges morals, just the facts and eligibilty, and the gut feeling that you are in a sincere marital relationship.

This is a link about security checks that you may already know about, but I'll submit it for you anyway http://www.usaimmigrationattorney.com/Secu...tiveReview.html

Thanks for kind words. Yes, I also feel if there was anything in my record that was less than perfect, they would have already kicked me out. I have never violated my immigration status and have always stayed out of trouble. I try to stay optimistic by thinking that since I have not done anything wrong, I would not be punished for a name mix-up. But sometime this endless wait gets the better of me and I get really depressed.

Filed: Timeline
Posted
You seem very honest and intelligent, but in need of someone to help as your advocate with the government. You can't go it alone. It makes no difference what your religion is, but the Catholic Charities organization in your area does have specially staffed offices to assist immigrants on just such matters. To find out who to contact, you could call your local Catholic Church office. Good luck -- you deserve it.

On the other hand, of course, you need to accept that the U.S. needs to be very diligent in weeding out those who have reason to disrupt our security.

Thanks OD, I will look into these Charity Organizations.

I thoroughly respect and fully understand the purpose of all these security measures. If I am complaining about something it is the lack of a proper channel for people like me to communicate with the government agencies.

Filed: Other Country: Indonesia
Timeline
Posted
I have been a silent reader of visajourney for sometime now. Here is my life story. I know its long but I hope you will find it worthy of your time. I would appreciate any comments or suggestions

1) I came to the US on a student visa in 2001 from a country with predominantly Muslim population.

2) I visited my home country in summer 2003 and got married (the biggest mistake of my life) to a girl chosen by my parents (aka arranged marriage). Stayed there 2 to 3 weeks and came back to the US to resume studies.

3) I had problems at developing a bond with my (then) wife. Despite all the efforts, I found it very hard to fall in love with her. We also started having fights on trivial matters and our communication dried up to almost nothing.

4) Towards the end of 2003, I told my parents as well as her family that I want to end this marriage because I am not happy and we don’t have feelings for my wife. The hell broke loose and I was told that “You cannot divorce her, what everyone will say in the community, and no one will marry my (then) wife again.”

5) We (me and the two families) reached a stalemate. I was not ready to continue that marriage but because of family pressures, I did not push things any further to give everyone time to calm down. I had a very limited contact with my family and (then) wife.

6) I started seeing a Latin girl in 2004. She was not a US citizen or LPR. She was here on a tourist visa. She invited me to her country and I visited her in fall 2004. On my way back from her country, the US immigration officer at the airport gave me a tough time. From my I-20, he could see I was married. He explicitly asked me if the Latin girl knew that I was married, and I said, “yes she does”. He also asked me all kind of personal questions which I answered truthfully without going into the details. He was very uncomfortable with me for some reason. He started running some checks on his computer and said, “your name matches someone on a terrorist watchlist.” My heart started sinking. He made some phone calls but at the end he said “you are not that person and you are good to go now.” He seemed very disappointed that he could not detain/deport me.

7) Few months later, two ICE agents knocked on my door at 5 am. They checked my passport and asked me some basic questions and marked my I-94. I thought it was just a random check up and nothing more.

8) Towards the end of 2004, my family’s stance towards my divorce decision softened. My divorce got finalized in spring of 2005. The Latin girl became my gf but we finally broke up towards the end of 2005. By the way, my parents hated the fact that I dated a non-Muslim girl. They also hated that I was not a religious being anymore.

9) My relationship with my family became somewhat functional again. My family told me that my previous wife got married and moved out of the town. I was very happy for her.

10) In the spring of 2006, I started dating my (now) wife who is a USC.

11) In autumn 2006, FBI showed up on my apartment and interviewed me. The agent asked me all kinds of questions (some of them personal), which I answered truthfully. At the end of the interview, he told me that my name and nationality matched someone on the watchlist and the state department had cancelled my student visa back at the start of 2005. He did not mention anything about my intensive questioning at the airport in 2004 (which I suspect started this entire mess) but he did ask me why I visited South America. :::: P.S. Visa revocation is only effective upon departure from the US. Since I did not leave the US during that time, my immigration status was never compromised. Had I left the country after the visa revocation (which I was unaware of until my interview with the FBI), I would have never been able to come back.

12) A few months after the interviews with the FBI, my name got cleared and I, according to the agent, was removed from all the wachlists and the case against me was eventually closed by the state department. I was told that it was just a mix-up and I should not face any problems in future.

13) In 2007, I finished the grad school and started working on OPT. My employer applied for H-1B which is still pending due to “background checks”.

14) I married my two year gf at the start of 2008 and applied for AOS in the summer of 2008. My I-765 got approved but my I-485 is still “under review” although the file has been transferred to the local office. I have not received the interview call yet. My FBI namecheck, however, has been completed.

Now I have a few questions

1) I don’t know for sure that how and why I ended up in this mess but I would like to find out. What I have been told that this mistaken identity was due my name and nationality matching up with someone else. I am in the process of filing FOIA with DHS, CBP, and DOS to see if I can get a meaningful answer. But since this issue is related to national security, I am afraid I won’t get any answer. I feel so helpless. My question is, do these FOIAs really help or am I wasting my time?

2) I am afraid that my I-485 is indefinitely stuck in this “under review” phase just like my H-1B. Is there anyone I can contact who might be able to help me. For my H-1B, I contacted lawyers, congressman, senator, first lady without much success. Everyone replied back saying that the background checks can’t be expedited.

3) How elaborate I have to be at my interview? Do I need to discuss each and every detail surrounding my arranged marriage and divorce?

4) When I get my I-130/I-485 interview, if it is possible for the officer to pass a moral judgment and deny me just because I started seeing someone before I was officially divorced?

5) Do I need a lawyer at the interview?

This endless wait is taking its toll on me. Lately, my performance at work has dropped. I used to be a workaholic but all this uncertainty is hampering my ability to be productive. I have also started wasting too much times on immigration forums in a hope to find some useful information. My wife has been very supportive of me.

By the way, I don’t have any criminal record other than few speeding tickets. There is no aspect of life which is even remotely related to crime or terrorism.

I would welcome any suggestions or comments.

forest,

You might want to talk to a good immigration lawyer about your situation. A lawyer for an interview is optional. It's basically up to you whether or not you think you need a lawyer during your interview. If you need a good immigration lawyer, you can go to www.superlawyers.com and find one in your area.

I was wondering what is your I-485 case based on.

Filed: Lift. Cond. (pnd) Country: Wales
Timeline
Posted

I'm sorry you are going through this, but like the others said, you sound very honest and sincere and if you have passed that much checking already, I'm sure that ultimately it will be ok, since you have done nothing wrong, but I can understand your frustration.

I can maybe help with question 4 - hubby and I started seeing each other about two years before his divorce was finalized - he had separated from his ex 10 years earlier, lived in different states etc but they never actually divorced, since their son became very upset at the thought. It didn't seem to matter much at that time that they weren't officially divorced as they were otherwise completely separated, so they never pushed the issue with him and only filed for the divorce once we started getting serious about each other. We actually got married about 6 weeks after the divorce came through. I think immigration realizes that marriages can be over *way* before an actual divorce is finalized, so as long as you were separated from your (then)wife when you started seeing your (now)wife, and you have evidence that your current marriage is genuine, I don't think it should be a problem. It didn't come up at our interview, even though we had to show his divorce papers and our marriage certificate.

Best of luck to you.

Removing conditions:

10/9/10 - Package sent to Vermont

10/13/10 - NOA1 date, received 10/18

Posted

Forest

Could you make a timeline so we know where you are in the process? http://www.visajourney.com/timeline/profile.php?id=61960

Like when exactly did you send off the AOS? Have you had your biometrics appointment? Those kinds of things.

What about the Application Support Centers? Have you done an Infopass to go in and discuss your case face to face with a USCIS person? I don't know that much about info Infopass. Is that something they do? Anybody??

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Filed: Other Country: China
Timeline
Posted
That was quite the read. The only question to which I could provide any possible answer is #3. I found that honesty, while not story-telling, is the best approach. If detail is

asked for, then give it. Otherwise, answer questions as directly and truthfully as possible. Sorry to hear about your situation. Best of luck!

For question 4, no moral judgments enter into the adjudication process unless related to material misrepresentation or crimes. I doubt an attorney is needed at your eventual interview but it wouldn't hurt either.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: K-1 Visa Country: Thailand
Timeline
Posted

Hi,

You have your facts and history very well organized, I'm impressed! I'm sure that will help as you complete the process.

I do have one question which, despite your very detailed history, I did not see addressed.

You initially entered the US on a student visa. You've since entered/exited the US several times. Although you received some scrutiny both at POE and by internal agencies within the US (FBI, ICE) apparently all have been satisfied that you have legal right to enter and reside in the US. You are also working here now, I assume (?) legally.

And you are in two parallel visa application processes: H1-B and AOS due to your marriage to USC.

So, basically, what I don't understand is - what is your current visa status in the US? Are you still somehow extending your 2001 student visa? Or have you changed to another visa category? Does your current visa status give you the right to work?

I don't think my questions have any bearing on the outcome of your AOS petition since I don't think you have to be legally in the US to file AOS based on marriage. But from everything else in your history that seems so above-board, it's hard to imagine you're not currently in the country legally, and I guess I'm just curious as to what your status is right now.

In any event, good luck and I hope you get your case resolved satisfactorily and quickly.

Filed: Timeline
Posted
Hi,

You have your facts and history very well organized, I'm impressed! I'm sure that will help as you complete the process.

I do have one question which, despite your very detailed history, I did not see addressed.

You initially entered the US on a student visa. You've since entered/exited the US several times. Although you received some scrutiny both at POE and by internal agencies within the US (FBI, ICE) apparently all have been satisfied that you have legal right to enter and reside in the US. You are also working here now, I assume (?) legally.

And you are in two parallel visa application processes: H1-B and AOS due to your marriage to USC.

So, basically, what I don't understand is - what is your current visa status in the US? Are you still somehow extending your 2001 student visa? Or have you changed to another visa category? Does your current visa status give you the right to work?

I don't think my questions have any bearing on the outcome of your AOS petition since I don't think you have to be legally in the US to file AOS based on marriage. But from everything else in your history that seems so above-board, it's hard to imagine you're not currently in the country legally, and I guess I'm just curious as to what your status is right now.

In any event, good luck and I hope you get your case resolved satisfactorily and quickly.

My legal status was OPT (F1) when I filed for I-130/I-485 last year. Now my status is AOS-pending (I don' know the technical term) and I am working on EAD based of my I-130/I-485 petition. I was student for 6 years (all grad school). The last time I left and reentered the USA was in 2004.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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