Wife signed confession during interview

[FortLaudy 10]

I think it's funny that even I, at first glance, read it as "2 years ago" instead of the 2 days ago that the OP actually mentions. I had to reread it twice. Three of us who thought the same thing--strange, jah?

Maybe some letters jump out more than others: "mY grEen cARd 2 dayS AGO."

Oops. Sorry to digress.

oooooooooohhhhhhhhh weird but true!!! lol

[Rob and Jill 82]

Someone mentioned to me that if the officer threatened her with criminal charges he should have respected her wishes to have an attorney present.

She was not entitled to a lawyer as NO CHARGES were being FILED RIGHT THEN. She was entitled to tell him to F OFF, walk out, and go GET a lawyer.

The only time you are "entitled" to a lawyer is if you are arrested and charged with a crime, or if you pay for one yourself.

I realize this is very stressful on the both of you, but clinging to the idea that she asked for a lawyer and was not given one is not likely to get you far. Look for something constructive. Wait til you talk to the lawyer on Monday. Mostly, make sure since she is going to "visit" her mother that she is actually staying and not throwing you under the bus...

[thongd4me 69]

This is not a rhetorical question -- WHAT specifically did they say they were going to charge her with? You said something about some business being investigated? Because I'm really curious to find out what it would take for a USC petitioner to sign a false sworn affidavit that testifies that her legitimate marriage is a fake one. Speaking for myself (and I'm NOT the USC petitioner) I know for sure that I wouldn't be signing any damn thing unless someone was holding a gun to my head. Or my husband's. Or threatening the life of loved one -- all bets are off then. However, "yelling" at me isn't going to make me sign a false confession.

If it gets too ugly, just walk out. Screw the GC.

Your quick marriage to another USC petitioner after an annulment is indeed a big red flag. Perhaps, that is something that triggered this.

I think you need to get a blow-by-blow account of the interview from your wife and your MIL including ALL questions asked. Ask them to stop being upset and instead be constructive and helpful. Things are not looking too good for you -- I hope you are given good legal counsel by your lawyer. If your motives and marriage is truly genuine, then I wish you luck.

The beauty of these interrogation techniques is that they can make up the charges later.

It's straight out of "Perry Mason" where one side totally intimidates the other side and

gets a freely admissable confession from the victim just obtained on the basis of fear alone.

The victim has no clue but fears something can be proven even if he/she is not aware of that proof.

That sounds like some "third world" interrogation technique but the first world (US?) has

been using it with distinction for many many years.

That's why lawyers can ask for and obtain such outrageously large retainers.

- because they can.

[thongd4me 69]

Although they will NEVER admit it, the interrogators may on occasion work on a QUOTA system,

where they may be told by supervisors to either be more lenient or more strict - they have

techniques that allow this flexability which may have nothing to do with the merit of the

application before them.

[Boiler 45,948]

Fascinating stuff

I wonder what really happened....

[JD63 4]

What on Earth could they charge her with? They're not law enforcement or a prosecuting office. If the marriage was bonafide she shouldn't have been worried.

[fech75 1]

To recap, the OP is in the U.S. illegally now, since he never filed the AOS for whatever reason. He "quickly" married a USC and filed for AOS. The day of the interview, she had a few fortifying drinks. She was interviewed separately from the OP. She admitted (maybe in a bit of an alcohol-induced haze) that the marriage was a sham. Her mom was also present?

If the interview was for HIS green card, where was he? Was she a bit tipsy? Am I wrong in believing she is a U.S. Citizen? Why was her mom there? Did she also have a bit of juice before going?

Corrections:

"I arrived as an F-1, but I have been here for over 15 years between F-1 and H1B - always legally in this country"

The mother-in-law was on the phone with the immigration officer & wife, not present

He was at the interview, but they called the wife first and made him wait in the wating room

He married again 2 months after the annulment of his first marriage.

TO THE OP

1. What visa are you on now and when does it expire?

2. How long did your first marriage last?

3. You said your first wife petitioned for you - she signed and mailed off the I-130 but then you never followed it up with the AOS application?

4. Was the I-130 from the previous marriage approved?

*****

1.- I guess I am now out of Status. I was on and H1B that expired in November.

2.- First marriage lasted a month then we got annulment

3.- No. I didn't want to send the AOS application because my marriage was not consumated. She had some psychological issues that were never disclosed to me.

4.- I don't know.

[fech75 1]

What on Earth could they charge her with? They're not law enforcement or a prosecuting office. If the marriage was bonafide she shouldn't have been worried.

She was scared. The officer said that the case was already denied and they just needed her statement. If they got it then they wouldn't charge her and send her to prison. (Silly since she just ended up incriminating herself). The officer also told her she was my third wife. When she asked for counseling they denied it to her so she saw no other choice but to sign the confession. She just didn't know what to do.

In my opinion she should have been allowed counseling.

What on Earth could they charge her with? They're not law enforcement or a prosecuting office. If the marriage was bonafide she shouldn't have been worried.

I know is easy to say that she should have never done that, but unlike most people in this forum she is not used to this type of situations. I was upset at the beginning, but I love my wife and I understand her situation now.

[fech75 1]

Someone mentioned to me that if the officer threatened her with criminal charges he should have respected her wishes to have an attorney present.

She was not entitled to a lawyer as NO CHARGES were being FILED RIGHT THEN. She was entitled to tell him to F OFF, walk out, and go GET a lawyer.

The only time you are "entitled" to a lawyer is if you are arrested and charged with a crime, or if you pay for one yourself.

I realize this is very stressful on the both of you, but clinging to the idea that she asked for a lawyer and was not given one is not likely to get you far. Look for something constructive. Wait til you talk to the lawyer on Monday. Mostly, make sure since she is going to "visit" her mother that she is actually staying and not throwing you under the bus...

Thanks. She would never do that throw me under the bus. She just thought she had no other option, especially since they denied her an attorney. She didn't know she could just walk out.

[fech75 1]

This is not a rhetorical question -- WHAT specifically did they say they were going to charge her with? You said something about some business being investigated? Because I'm really curious to find out what it would take for a USC petitioner to sign a false sworn affidavit that testifies that her legitimate marriage is a fake one. Speaking for myself (and I'm NOT the USC petitioner) I know for sure that I wouldn't be signing any damn thing unless someone was holding a gun to my head. Or my husband's. Or threatening the life of loved one -- all bets are off then. However, "yelling" at me isn't going to make me sign a false confession.

If it gets too ugly, just walk out. Screw the GC.

Your quick marriage to another USC petitioner after an annulment is indeed a big red flag. Perhaps, that is something that triggered this.

I think you need to get a blow-by-blow account of the interview from your wife and your MIL including ALL questions asked. Ask them to stop being upset and instead be constructive and helpful. Things are not looking too good for you -- I hope you are given good legal counsel by your lawyer. If your motives and marriage is truly genuine, then I wish you luck.

** I know what you are saying, but it would be really hard to say screw the GC and ask her to move with me back to my country. Her life is her, her parents are here... it would just not be fair to her. We will be fighting this and see what happens.

[Bmore 1]

Hi Fech75,

I am really sorry for what happened to you...your post has quickly become one of the most read threads on this forum, I guess it's because your experience is everybody's worst nightmare.

My only worry, and I'm sorry to say this, is that I'm wondering why the pressure (even if it's as excessive as this) made your wife confess to your marriage being a fake. In my experience, it should make her angry or sad, but it sounds to me like they not just got her to sign the confession, but she actually at that point doubted your marriage herself. And her next step is to go home to her mother (and thus she won't be able to come with you to meet your lawyer?). From your posts it sounds like you care deeply about her, and I respect that very much. I am only playing the devils' advocate here, but maybe it's time to make sure that you and your wife are on the same page. The best decision you made is to get a lawyer, I hope he will make a difference.

All the best, once again, I am very sorry for what you are going through right now.

Great news!!!

I received my green card in the mail today!!

For anybody who has trouble making an infopass appointment: (based on a post from juliava, thanks!) I called USCIS today (before I knew the card had arrived ) and actually spoke with a lady who knew what she was doing (!!!!!), and she told me that it is at your own discretion to determine where you want to schedule your appointment. So I actually scheduled an appointment to go down to virginia next week since the baltimore field office doesn't have any open slots. Lucky for me I don't have to drive down there now!!

Timeline:

Nov 2006 Enter US onJ1

Dec 2006 Met my (future) husband

Sep 2008 Moved in together

Feb 2009 Married!

May 2009 switched to H1B

Sep 18 2009 Sent out AOS based on I130

Sep 28 NOA's

Oct 5 received bio appointment for oct 28

Oct 7 walk-in Bio

Oct 8 touched

Oct 26 received interview appointment letter (Dec 1)

Nov 3 received EAD

Dec 1 Interview No Decision

Dec 8 card production ordered e-mail

Dec 10 card production ordered e-mail again

Dec 12 Received welcome notice

Dec 14 Online status changed to: Approval notice send

Dec 18 GC received in mail

[Bmore 1]

Hi Fech75,

I am really sorry for what happened to you...your post has quickly become one of the most read threads on this forum, I guess it's because your experience is everybody's worst nightmare.

My only worry, and I'm sorry to say this, is that I'm wondering why the pressure (even if it's as excessive as this) made your wife confess to your marriage being a fake. In my experience, it should make her angry or sad, but it sounds to me like they not just got her to sign the confession, but she actually at that point doubted your marriage herself. And her next step is to go home to her mother (and thus she won't be able to come with you to meet your lawyer?). From your posts it sounds like you care deeply about her, and I respect that very much. I am only playing the devils' advocate here, but maybe it's time to make sure that you and your wife are on the same page. The best decision you made is to get a lawyer, I hope he will make a difference.

All the best, once again, I am very sorry for what you are going through right now.

Great news!!!

I received my green card in the mail today!!

For anybody who has trouble making an infopass appointment: (based on a post from juliava, thanks!) I called USCIS today (before I knew the card had arrived ) and actually spoke with a lady who knew what she was doing (!!!!!), and she told me that it is at your own discretion to determine where you want to schedule your appointment. So I actually scheduled an appointment to go down to virginia next week since the baltimore field office doesn't have any open slots. Lucky for me I don't have to drive down there now!!

Timeline:

Nov 2006 Enter US onJ1

Dec 2006 Met my (future) husband

Sep 2008 Moved in together

Feb 2009 Married!

May 2009 switched to H1B

Sep 18 2009 Sent out AOS based on I130

Sep 28 NOA's

Oct 5 received bio appointment for oct 28

Oct 7 walk-in Bio

Oct 8 touched

Oct 26 received interview appointment letter (Dec 1)

Nov 3 received EAD

Dec 1 Interview No Decision

Dec 8 card production ordered e-mail

Dec 10 card production ordered e-mail again

Dec 12 Received welcome notice

Dec 14 Online status changed to: Approval notice send

Dec 18 GC received in mail

Sorry but my earlier post about the GC also got attached to this message and I don't know how to edit it. I didn't mean to post it here

[FortLaudy 10]

To the OP, let me get this straight..

Your visa expired in November?

You married your first wife and it got annulled after one month because it was not consummated? So obviously you didn't date her/engaged to her for very long either or are you THAT religious that you didn't at least want to do a test drive before marriage??

This first marriage occured, say 5-6 months ago? Two months after annulment you marry your current wife? This has RED FLAG written all over it... two marriages in quick succession just before your current visa is about to expire?? oh boy... I'm sorry but they had really good reason to suspect this was a fake marriage... people just in general don't get married so quickly after a previous marriage/annulment... and when this does happen just before a visa is expiring it screams fraud... even if you are deeply in love and have a bonafide marriage with your current wife I just don't see how you'll get out of this mess you created for yourself... Why did you not try and get an extension on your visa, or went home and returned on a K1 visa and waited a little while so to really get to know your current wife well before marrying again?

[fech75 1]

To the OP, let me get this straight..

Your visa expired in November?

You married your first wife and it got annulled after one month because it was not consummated? So obviously you didn't date her/engaged to her for very long either or are you THAT religious that you didn't at least want to do a test drive before marriage??

This first marriage occured, say 5-6 months ago? Two months after annulment you marry your current wife? This has RED FLAG written all over it... two marriages in quick succession just before your current visa is about to expire?? oh boy... I'm sorry but they had really good reason to suspect this was a fake marriage... people just in general don't get married so quickly after a previous marriage/annulment... and when this does happen just before a visa is expiring it screams fraud... even if you are deeply in love and have a bonafide marriage with your current wife I just don't see how you'll get out of this mess you created for yourself... Why did you not try and get an extension on your visa, or went home and returned on a K1 visa and waited a little while so to really get to know your current wife well before marrying again?

** Sorry, my visa expired in September

** I did date her for 5 months but she said she was religious. I later found out that she had psychological issues due to a traumatic experience. My marriage was hell and I finally found the receipts for the counseling sessions and confronted her. I wanted to understand her issues but she never wanted to talk about it. She agreed on an annulment. She did petition me, but because my marriage didn't seem healthy I refused to file for 485 with her.

** My current wife who I have known for 3 years and dated on and off was there for me through out the whole thing. I crashed with her a few times and moved with her after my annulment. I know is hard to understand, but through my hardship I saw her in a different light. One morning we woke up next to each other and decided that we didn't want to be apart again.

** Yes I know is a tough situation

[Old Dominion 26]

What reason was given that her mother was on the phone talking with the interviewing officer?

The experience the two of you have had is sad, and maybe the lawyer can help fix it, but if your wife is back with her mom, and not with you, how can he have any reason to believe that your marriage is real? Is her mother the one messing things up for you?

Edited December 19, 2009 by Old Dominion