aos interview at garden city

[smalik2 0]

Difficult AOS interview at Garden City, NY

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Hi All:

OK I am back after a recess of approximately 6 months. i.e. since I received my natz in Oct 09. So, I filed I-130 and I-485 for my wife in 10/09 and were interviewed about two days ago. The IO was a lady about 58 yr old. Very stern looking and no sense of humour at all. We had our 1 1/2 yr old son with us, which she was not comfortable having him there. But to that end, she was not comfortable us being there too for the interview.

She took the oath and staring asking me questions about my previous marriage to a USC and AOS in 2002. I told here how I met that woman and how were we married in 2001 and why i filed and obtained divorce in 2004. She tried to state that "How convenient it is for you to obtain GC by marriage and now confer to another person" or something to that extent and she needs to examine this case carefully that this is not "fraud". Yes, she uttered that dreaded word, which was shocking to me. I stated I did do every thing according to law and nothing illegal here.

Next she proceeded to ask me for my original Natz Certificate. I stated that I have included a copy in my file but I have my US passport here as proof of Citizenship. She took the passport, looked at it for a moment and stated, nope, she needs original natz cert as "This passport is issued by State Department and ntaz cert was issued by us". Any way she took the copy of natz cert to her records.

Than she asked what other evidence I have for living together with my current spouse. I gave her copy of apartment lease, she wanted the original, I stated I did not bring original, she took it any ways, than we handed her the copy and originals of our driving licenses listing same address, than I gave her original or one verizon and one Con Ed bills listing both our names and at the end gave her original of bank letter stating amount and date in our joint account. She asked us if we have original birth cert of our child born in US, which I did provide original and copy.

At the end she again started this tirade that I should have brought my original natz cert and I should have been paying more attention to notice of interview I had received and blah blah. I said that its not mandatory that I should have brought natz cert but passport is also a proof of citizenship.

She stated that your file is quite extensive and she needs time to review it and look at my "A" file and see every thing is in order and than she will make her decision and inform us by mail.

Now my wife had received EAD and AP. We did visit Canada in Nov 09 on AP. I did see that she did had a copy of stamped AP from the border in front of her. She unstapled the I-94 than gave it back to my wife and she did not collect AP original or the EAD? Were they suppose to collect if they intended to approve the AOS? My wife originally came on F-1 visa and has maintained her lawful status in the past 3 years.

So, on the basis of above facts, what shall I expect:

1. I was awarded naturalization after filing my own I-751 waiver and filing a writ of mandamus in Fed Court.

2. I was told by my attorney that now they can not revoke my citizenship.

3. I was also informed by an attorney ( I did not have an attorney at interview) that once you have common children, the suspicion goes away to most part.

4. I read in the immigration law that "presumption" of fraud to a subsequent marriage based AOS goes away altogether once the petitioner obtains "citizenship' or 5 years are past. In my case both are true.

So, why did she kept that demeanor and what are our chances for NOID or denial?

If I wait for 120 days and do not get an answer after making info pass, do you recommend filing a mandamus again to have the AOS adjudicated or shall I wait longer like 6 months.

(Please substitute "I" and me with "we" or "her", as appropriate, as I am authorized to speak for her)

[xdream39 0]

Difficult AOS interview at Garden City, NY

--------------------------------------------------------------------------------

Hi All:

OK I am back after a recess of approximately 6 months. i.e. since I received my natz in Oct 09. So, I filed I-130 and I-485 for my wife in 10/09 and were interviewed about two days ago. The IO was a lady about 58 yr old. Very stern looking and no sense of humour at all. We had our 1 1/2 yr old son with us, which she was not comfortable having him there. But to that end, she was not comfortable us being there too for the interview.

She took the oath and staring asking me questions about my previous marriage to a USC and AOS in 2002. I told here how I met that woman and how were we married in 2001 and why i filed and obtained divorce in 2004. She tried to state that "How convenient it is for you to obtain GC by marriage and now confer to another person" or something to that extent and she needs to examine this case carefully that this is not "fraud". Yes, she uttered that dreaded word, which was shocking to me. I stated I did do every thing according to law and nothing illegal here.

Next she proceeded to ask me for my original Natz Certificate. I stated that I have included a copy in my file but I have my US passport here as proof of Citizenship. She took the passport, looked at it for a moment and stated, nope, she needs original natz cert as "This passport is issued by State Department and ntaz cert was issued by us". Any way she took the copy of natz cert to her records.

Than she asked what other evidence I have for living together with my current spouse. I gave her copy of apartment lease, she wanted the original, I stated I did not bring original, she took it any ways, than we handed her the copy and originals of our driving licenses listing same address, than I gave her original or one verizon and one Con Ed bills listing both our names and at the end gave her original of bank letter stating amount and date in our joint account. She asked us if we have original birth cert of our child born in US, which I did provide original and copy.

At the end she again started this tirade that I should have brought my original natz cert and I should have been paying more attention to notice of interview I had received and blah blah. I said that its not mandatory that I should have brought natz cert but passport is also a proof of citizenship.

She stated that your file is quite extensive and she needs time to review it and look at my "A" file and see every thing is in order and than she will make her decision and inform us by mail.

Now my wife had received EAD and AP. We did visit Canada in Nov 09 on AP. I did see that she did had a copy of stamped AP from the border in front of her. She unstapled the I-94 than gave it back to my wife and she did not collect AP original or the EAD? Were they suppose to collect if they intended to approve the AOS? My wife originally came on F-1 visa and has maintained her lawful status in the past 3 years.

So, on the basis of above facts, what shall I expect:

1. I was awarded naturalization after filing my own I-751 waiver and filing a writ of mandamus in Fed Court.

2. I was told by my attorney that now they can not revoke my citizenship.

3. I was also informed by an attorney ( I did not have an attorney at interview) that once you have common children, the suspicion goes away to most part.

4. I read in the immigration law that "presumption" of fraud to a subsequent marriage based AOS goes away altogether once the petitioner obtains "citizenship' or 5 years are past. In my case both are true.

So, why did she kept that demeanor and what are our chances for NOID or denial?

If I wait for 120 days and do not get an answer after making info pass, do you recommend filing a mandamus again to have the AOS adjudicated or shall I wait longer like 6 months.

(Please substitute "I" and me with "we" or "her", as appropriate, as I am authorized to speak for her)

Hey, I was asked for my nat certificate as well as proof of citizenship. I did not have it but I know fully well that a passport is conclusive proof of citizenship and they must accept it (see 22 U.S.C. 2715) I think they have no right to ask us for the nat certificate. did u get any updates on ur case?

[Luckygoat 2]

You guys will be ok. You provided sufficent evidence and everything sounds in order. Officers just like to give you a hard time, esspecially in New York, but you will pass. Its almost impossible for them to deny you if you have a common child.

Just wait for a response, and if it takes longer than expected then make an infopass appointment.

[xdream39 0]

You guys will be ok. You provided sufficent evidence and everything sounds in order. Officers just like to give you a hard time, esspecially in New York, but you will pass. Its almost impossible for them to deny you if you have a common child.

Just wait for a response, and if it takes longer than expected then make an infopass appointment.

Yeah I agree with you as well, its just annoying because I am an attorney, practice this stuff and thus know the law. So I find it weird that a person that is supposed to be tasked with adjudicating our application has no clue that a passport has been held to represent conclusive evidence of citizenship. Having said that, I'm pretty sure we'll be ok.

[MISSINGYOU 0]

My hus's AOS interview will be coming up in Feb, also in Garden City, NY. I hope all will be fine and I do not have that same woman.

[FRJ 0]

i did mine in Garden city..my experience was pleasant tho, so u mighta caught this lady on a bad day.. based on what you said, i wouldn't be too worried.

My hus's AOS interview will be coming up in Feb, also in Garden City, NY. I hope all will be fine and I do not have that same woman.

[smalik2 0]

Hey, I was asked for my nat certificate as well as proof of citizenship. I did not have it but I know fully well that a passport is conclusive proof of citizenship and they must accept it (see 22 U.S.C. 2715) I think they have no right to ask us for the nat certificate. did u get any updates on ur case?

this is OP here.

"Latest Update on my Difficult Interview"

Today, I receievd the status update as follows: Please read below. I do have follow up questions:

"On January 25, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.

This step applies to applications that result in an applicant receiving a card (such as a green card) or other document (such as a naturalization certificate, refugee travel documents or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application.

Naturalization Applicants: you will receive your certificate at your oath ceremony. You can expect to be scheduled for an oath ceremony within 45 days of receiving your decision. Many offices schedule approved applicants for the oath ceremony on the same day as the day of the interview. Please check the local office profile page on our Web site to determine if this applies to your local office.

If you do not receive your document, please contact our National Customer Service Center at 1-800-375-5283."

Now the follow up questions:

1. If this is really really the approval of I-485, what do we do with the original I-94, EAD and AP we have, since it seems that we shall; not be making any more trips to CIS office in this regard.

2. How many people who received this KIND of emails either get their green card very late or never altogather. I hope the percentage is small but there must be some. And in that case, what shall be our next step.

3. If we do receieve the Green Card, how long do we have to wait to receive the actual physical card.

4. We have a foreign trip planned in Feb, if we do not receive the card in time, can we get a I-551 stamp in passport showing the copy of this status update.

Thanks for every one who listened and contributed to this thread.

Mr. S MALI AOS mariage to usc 1/02 divorce usc 7/04 i-751 aprv 9/04 remarry 3/06 n-400 10/06 wife enter on f-1 5/07 nta 5/07 751 waiver 6/07 removal terminated by ij 11/07 2nd n-400 12/07 gc revoked 1/08 natz interv 8/08 natz denied 9/08 n-336 andenied 10/08 ombundman complaint 10/08 751 waiver approved 12/08 filed mandamus to get n-400 apprvd 1/09 case dismissed 6/09 r3rd n-400 6/2009 n-400 aprv and oath ltr rd 9/2009 file wife aos 10/09 ead, ap 11/09 wife intrw 1/12 aos aprvd 1/25/10

[smalik2 0]

Thanks for prompt response. But as you can see that I married my current wife in 2006, more than two year ago. My wife shall be getting a 10 year card and not a two year card. Right? What are her chances of receiving a 2 yr and not 10 yr card? and why?

One strange thing happened was that I sent copies of natz cert and my second baby birth cert by priority signature confirmation. The signature confirmation receipt states time of Delivery at USCIS Garden City at 2:04PM and the email I receievd for card production is timed 2:15PM. Lightning fast response and approval from USCIS. Is that really really possible or just a stroke of luck?

[Kathryn41 3,205]

Inappropriate post responding to out of date information and making judgmental comments against the OP that are very obviously incorrect based on the recent information provided has been removed, along with two posts quoting the same. Under the circumstances there is no need to comment further on this situation except to congratulate the OP for their approval and answering the last two questions.

Moderator hat off:

Since your marriage is more than 2 years old when the AOS is approved your wife should be getting the 10 year card - there is no reason for her to get a conditional card under the legislation. I suspect the 'speed' was coincidental and the approval was already in the works. Congratulations!

Edited January 27, 2010 by Kathryn41

[smalik2 0]

Inappropriate post responding to out of date information and making judgmental comments against the OP that are very obviously incorrect based on the recent information provided has been removed, along with two posts quoting the same. Under the circumstances there is no need to comment further on this situation except to congratulate the OP for their approval and answering the last two questions.

Moderator hat off:

Since your marriage is more than 2 years old when the AOS is approved your wife should be getting the 10 year card - there is no reason for her to get a conditional card under the legislation. I suspect the 'speed' was coincidental and the approval was already in the works. Congratulations!

Thanks a lot moderator. It been pleasant posting on this site. Very helpful in my wife's AOS. Will be visiting often. Thanks

[smalik2 0]

Hey, I was asked for my nat certificate as well as proof of citizenship. I did not have it but I know fully well that a passport is conclusive proof of citizenship and they must accept it (see 22 U.S.C. 2715) I think they have no right to ask us for the nat certificate. did u get any updates on ur case?

Truly my point. The proof is that they did approve it after all without seeing the original natz cert. I will certainly look up that section of law you quoted. Thanks.