Wife signed confession during interview

[FortLaudy 10]

Is there a big difference in age or cultural background or financial situation? legitimate... do you have a lot of bonafide evidence such as: joint bank/ credit card statements, join lease/mortgate? How long did you know her before you got married?

If some of these situations or documentation is not sufficient for the IO, it raises red flags, maybe you guys are legit but just did a sloppy job of collecting the evidence that they require?

Did they ever interview the two of you together before taking your wife seperate and what documentation did she take with her?

[thongd4me 69]

Was your wife married before and petioned before for anyone else??

No. She was not married. I am her first husband.

Normally I would counsel to keep the lawyers away from the interview part and concentrate

on making sure you know each other well, but here is a case that looks like you may have

to bring in bigger guns.

It appears that they were taking a yes or no question/answer as a basis upon which to draw

broader conclusions about your relationship that were very false and damaging.

Best of luck sorting this out; I'm sure my friend TboneTX may have a lot further to say about

that. He would be a good one to run this by.

Si, man

[C0881 2]

I am really sorry about what has happened to you. This is extremely unfair and unjust. They did this without regulations like barbarians. I agree with other users that you should take a competent immigration lawyer with you. I really hope things be OK with you guys soon. Best wishes.

[fech75 1]

Is there a big difference in age or cultural background or financial situation? legitimate... do you have a lot of bonafide evidence such as: joint bank/ credit card statements, join lease/mortgate? How long did you know her before you got married?

** She is 25 and I am 34

** We have known each other for 3 years and were dating on and off. We decided to get married after I got an annulment from my first wife. She was here for me during the hard times and we just realized that we didn't want to be apart anymore.

** We live together so we have: apartment lease, joint checking account, gym membership, 2 years worth of phone records (talking almost every day for 2 years), renter's insurance, Cable bill, Gas bill, mail (to prove we live together)

If some of these situations or documentation is not sufficient for the IO, it raises red flags, maybe you guys are legit but just did a sloppy job of collecting the evidence that they require?

** No. They interviewed her alone. Asked me to stay in the waiting room.

Did they ever interview the two of you together before taking your wife separate and what documentation did she take with her?

** She took all of our documents with her

[FortLaudy 10]

Did you have friends / family members write affidavits that they know the marriage is legit??

Well, if all you're saying is true then it sounds like only the age difference might have been a red flag... although of course it happens, it is still pretty uncommon for a girl to marry a guy 9 years younger. Your previous attempt at AOS through your first marriage might also have been a red flag... maybe the previous "crazy" wife sent a detailed letter to USCIS telling them that you tried to marry her for a GC and that's why they started the interview off immediately with suspicion and interviewed your wife seperately? Normally the couple is interviewed together first, then if there's suspicion they're "fraud interviewed" seperately where they ask questions and see if the answers match up... what you're describing sound incredibly uncommon and it tells me that the IO probably knew about some damning evidence Before you even got there.

I have heard that immigration officers have the right to fabricate certain things and try their hardest to get one of the parties to admit to fraud or even lie to the one party saying that the other one confessed in an effort to weed out fraud marriages during interview stage. The fact that she wrote a confession is incredibly damning evidence in your case, I really don't know if there's any turning back from that point, because I just know that no one can convince me to write lies and sign that piece of paper just through some common interrogation techniques, and for your wife to have done so is solid proof that the marriage was a "sham"...

I found this on USCIS:

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

How Can I Appeal?

The only applications for permanent residency (Form I-485) which can be appealed to USCIS are those based on a marriage which took place while the alien's application was in process or those based on Section 586 of Public Law 106-429, adjustment of status for certain nationals of Vietnam, Cambodia and Laos. These appeals must be made to the Administrative Appeals Unit (AAU).

Generally, you may appeal within 33 days after the immigration judge decides to remove you from the country. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C. For more information, please see, How Do I Appeal A Denial of My Application or Petition?.

[fech75 1]

Did you have friends / family members write affidavits that they know the marriage is legit??

** No I didn't have that

Well, if all you're saying is true then it sounds like only the age difference might have been a red flag... although of course it happens, it is still pretty uncommon for a girl to marry a guy 9 years younger. Your previous attempt at AOS through your first marriage might also have been a red flag... maybe the previous "crazy" wife sent a detailed letter to USCIS telling them that you tried to marry her for a GC and that's why they started the interview off immediately with suspicion and interviewed your wife seperately? Normally the couple is interviewed together first, then if there's suspicion they're "fraud interviewed" seperately where they ask questions and see if the answers match up... what you're describing sound incredibly uncommon and it tells me that the IO probably knew about some damning evidence Before you even got there.

I have heard that immigration officers have the right to fabricate certain things and try their hardest to get one of the parties to admit to fraud or even lie to the one party saying that the other one confessed in an effort to weed out fraud marriages during interview stage. The fact that she wrote a confession is incredibly damning evidence in your case, I really don't know if there's any turning back from that point, because I just know that no one can convince me to write lies and sign that piece of paper just through some common interrogation techniques, and for your wife to have done so is solid proof that the marriage was a "sham"...

I found this on USCIS:

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

How Can I Appeal?

The only applications for permanent residency (Form I-485) which can be appealed to USCIS are those based on a marriage which took place while the alien's application was in process or those based on Section 586 of Public Law 106-429, adjustment of status for certain nationals of Vietnam, Cambodia and Laos. These appeals must be made to the Administrative Appeals Unit (AAU).

Generally, you may appeal within 33 days after the immigration judge decides to remove you from the country. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C. For more information, please see, How Do I Appeal A Denial of My Application or Petition?.

** She is 25 and I am 34 so I am older by 9years. i don't think that is very uncommon. We have a very active social life and a lot of the couples we meet have about 5 to 10 yrs difference in age.

** Many things happened that day.

1.- She found out that her best friend's fiance (30 yrs old) passed away (We still have the text message). So we had a few drinks to calm her down, which was probably a mistake.

2.- She was surprised that she went in alone

3.- When she entered the office her mom was on the phone crying bc the officer said her daughter was facing criminal charges

4.- The officer told her she was my 3rd wife

Even though I was upset and confused at first because she signed anything. IU understand that unlike me she is just not used to these type of things and she said she was scared and just wanted to get out of there.

[FortLaudy 10]

Tried to edit my previous post as I read the age thing wrong but it wouldn't let me, so please ignore my above post...

Did you have friends / family members write affidavits that they know the marriage is legit??

Well, if all you're saying is true then what you're describing sound incredibly uncommon and it tells me that the IO probably knew about some damning evidence Before you even got there.

It sounds like your previous attempt at AOS through your first marriage might have been a red flag... maybe the previous "crazy" wife sent a detailed letter to USCIS telling them that you tried to marry her for a GC and that's why they started the interview off immediately with suspicion and interviewed your wife seperately?

Normally the couple is interviewed together first, then if there's suspicion they're "fraud interviewed" seperately where they ask questions and see if the answers match up...

I know this is far-fetched too, but I've heard that it's possible for the USCIS to get access to your facebook/myspace page and can see what you've got goin on on there, forget to update your relationship status and that's a huge red flag !!! it's simple things like that, that seem to cause doubt...

I have heard that immigration officers have the right to fabricate certain things and try their hardest to get one of the parties to admit to fraud or even lie to the one party saying that the other one confessed in an effort to weed out fraud marriages during interview stage. The fact that she wrote a confession is incredibly damning evidence in your case, I really don't know if there's any turning back from that point, because I just know that no one can convince me to write lies and sign that piece of paper just through some common interrogation techniques (They'd have to threaten to kill my sister or something like that, but that's higly unlikely) so for your wife to have done so is solid proof to the USCIS that the marriage was a "sham"...

Did they tell you what to do after the interview, how to appeal, come back for another interview etc.??

I found this on USCIS:

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

How Can I Appeal?

The only applications for permanent residency (Form I-485) which can be appealed to USCIS are those based on a marriage which took place while the alien's application was in process or those based on Section 586 of Public Law 106-429, adjustment of status for certain nationals of Vietnam, Cambodia and Laos. These appeals must be made to the Administrative Appeals Unit (AAU).

Generally, you may appeal within 33 days after the immigration judge decides to remove you from the country. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C. For more information, please see, How Do I Appeal A Denial of My Application or Petition?.

[TBoneTX 45,956]

immigration officers have the right to fabricate certain things

They can fabricate anything. The courts have ruled, over & over, that any Federal agent (or state/local policeman) need not tell the truth to anyone about anything, ever. Sadly, your wife got sucked in.

The fact that she wrote a confession is incredibly damning evidence in your case

Agreed. Caucus immediately with the nastiest, meanest, most aggressive constitutional, civil-rights, or immigration attorney whom you can find.

I really don't know if there's any turning back from that point, because I just know that no one can convince me to write lies and sign that piece of paper just through some common interrogation techniques, and for your wife to have done so is solid proof that the marriage was a "sham"...

Si, man (sigh, man). I personally fear that you're hosed, but caucus with the above type of attorney immediately. Let us know, si man.

[Usui Takumi 1,562]

I'm going to guess they weren't recording the conversation? They typically only do that for a Stokes Interview but this sounds very unusual....

[fech75 1]

I'm going to guess they weren't recording the conversation? They typically only do that for a Stokes Interview but this sounds very unusual....

I don't know if they were recording the interview. We are assuming they were because the officer was not taking any notes.

[Usui Takumi 1,562]

Tbone, do you think this is a miranda rights issue...ie they were saying she faced charges but refused her representation?

Edited December 18, 2009 by Sousuke

[Ladylethal 12]

You say your wife was there to get your through you annulment, how long after the first marriage ended did you get married to your current wife? If it was right after annulment that could be your reason right there, you had just ended a marriage and were already marrying another citizen, they might see that as a means to get your permanent residency and not as a legitimate marriage.

[FortLaudy 10]

Do you get along with your mother-in-law?? maybe in an attempt to seperate her daughter from you she called up the USCIS and told them the marriage is a sham... it's weird that they had your mother-in-law on the phone...

[Rob and Jill 82]

Tbone, do you think this is a miranda rights issue...ie they were saying she faced charges but refused her representation?

Miranda Rights are only violated if they are not read to someone if they are actually arrested. I am not sure of the time limit, but I believe you can be "held for questioning" for a certain amount of time without being arrested. She is not "allowed" a lawyer unless he is arrested, OR unless she refuses to answer any more questions without a lawyer present. She could have refused to answer any questions from there on, but I cannot understand why she signed those papers!

I am a little disappointed that the wife let her own rights be violated to this extreme, and I'm sorry, if the interviewing officers ever treated me like that, they would find a raging tiger on their hands in about 1 minute of that #######. If they are "allowed" to go to those extremes, I have a serious problem with it, and we should find out WHO made those laws and work to have them changed. It was shady and way out of line.

[Old Dominion 26]

I agree with TBone...it's over with, unless you can get a good lawyer working for you ASAP.