Strange infopass

[tuesdaysgone 0]

Our situation, filed for AOS i130 and i485 in June. We had the GC interview in September and was not given a decision there and then, but was told we would know by the end of September. The gc interview was a bad experience as the I/o officer seemed disinterested in getting to know us and our relationship. It was as if we were guilty until proven innocent.

We heard nothing so I made a case update request and was told it is outside the normal processing timelines because it is undergoing additional review.

In November I wrote to my congressman and senator seeking assistance. Early January the congressman informed us that the case is going under final review. Come February and still nothing so we requested an info pass.

Today we attended USCIS infopass. When we were attended to by the clerk, I told her I need a case update as the online case status system hadnt been updated since august. She told me to sit down and wait. 5 minutes late she said please wait as I need to contact my supervisor. Half and hour later I reocognised the I/O walk past me and spoke to the clerk. The I/O then hid behind a wall as the clerk spoke to me.

I asked the clerk what is going on. She said my case is pending, I said yes I know but what exactly is going on now and what happens next.

She said that we will have to attend another interview. I asked why, she said she did not know why. I asked when would we receive the notice re the interview she said she did not know.

Does anyone know why we would have to attend another interview?

I'm reading some pages on google regarding stoke interviews, putting us in separate rooms and asking us each questions about one another?

[tuesdaysgone 0]

To add to this, when we had the interview, the I/O was barely interested in us or our story. We provided loads of evidence and photos, most of the evidence she had flicked through very quickly. As ive said before she looked like she was new to the job and didnt want to be there on a Saturday. I get the impression we are being suspected of not being bonafide due to the lack of info gained in the first interview. In my opinion this is because the i/o didnt ask us questions that other people on here have been asked.

I really hope this 2nd interview is the so called stokes style interview because we know each other so well and are legit.

[trillium13 84]

I really hope this 2nd interview is the so called stokes style interview because we know each other so well and are legit.

I think that generally if you have a second interview it is this type. What kind of evidence did you bring to the first interview? Do you think they have a reason to suspect you?

I hope you hear something soon. I know the waiting is agonizing.

Edited February 5, 2010 by trillium13

[trillium13 84]

It would be great if you could fill in your whole timeline. I read a couple of your previous posts-they say you are here on an F1 but your timeline says K3. Maybe it's just me that's confused.

Sounds like some of your issues may be due to the fact that you married so soon after your wife was divorced.

[sasaqlain 24]

I am sorry to hear about your situation. I can understand your feelings since I briefly went through such a process myself. I constantly log on to check on those friends who started the AOS process with me. Seems like you are about to face the stokes interview. DOn't worry, if your relationship is legit, you'll sail through in the second interview. Just be prepared in terms of evidence and documents. My prayers are with you.

[SunDrop 59]

Having googled Alabama state laws pertaining to remarriage, it would appear that your marriage is indeed considered void by the state of Alabama, as you traveled outside of the state to circumvent the 60 day restriction. Just because one state permits remarriage, does not mean that the divorce-issuing state, when it is the state in which you continue to reside in, honours that marriage legally. In other words, if you'd divorced in Alabama but moved to Florida, you wouldn't have any problems. The SSA guidelines are what I referenced, but it's been shown here (in relation to work authorisation) that what the SSA guidelines show as permissible and what the USCIS guidelines stipulate do not always correspond. And the USCIS supersedes the SSA from a regulation standpoint.

I wouldn't be preparing for a stoke's interview, I'd be hiring an immigration lawyer. You have to establish what your status would be if the USCIS have indeed found your marriage to be invalid.

[juliava 80]

I am really sorry to read this. I don't know what else to say. I am not familiar with the divorce regulations /out of state marriage after divorce rules, because it was not my case. It seems like this is the big issue, and probably when they saw that in your documents they didn't feel like asking anything more, they were just not interested. I remember reading your interview and your IO officer asked something about it. Have an immigration lawyer by your side during your second interview. And be prepared with lots of evidence. You will be in my prayers.

[juliava 80]

ps: You can also consider the 2nd interview as a good sign, as a second chance. If they wanted to deny you, they wouldn't have scheduled another interview, right?I know it's hard, but be positive.

[tuesdaysgone 0]

At the 1st interview I brought a stack of evidence, I literally mean a stack, I will bringing more up to date evidence this time.

Do they have a reason to suspect me? I would say yes, the i/o has a reason to suspect me BECAUSE she did not ask the proper questions and take time to get to know us. I'm not sure what the timeline says, I deleted the timeline from my signature as it was out of date and I don't have the time to update it as I no longer have internet access, when I do it is very short.

The issue of marrying after the divorce has been settled. Basically we got married 50 days after my wifes divorce, did the I/O ask how long my wife had been separated from her ex husband, no she didnt, which was approx 1.5years. Regardless I have read many stories on here of people travelling on a tourist visa and marrying after 2 weeks from meeting the person. I have known my wife 11 months before we married, lived together 6 months before we married, in my opinion that is not a short time.

I'm not worried about being questioned about our relationship, no worries, its the waiting and uncertainty that is the problem.

Sundrop, my marriage is actually considered legal. I had already contacted the court house in Florida to check if indeed the marriage was legal before and after marriage while living in Alabama. They can do this as long as the bride and groom is out of state. I also know that Alabama does recognize our marriage. I know USCIS had contacted their immigration attorneys to check this, while if USCIS had found our marriage invalid I certainly would not be going back for a second interview.

I do not have the luxary of affording an immigration lawyer, while the few I have spoken to were a waste of time.

[Rebecca Jo 1,962]

At the 1st interview I brought a stack of evidence, I literally mean a stack, I will bringing more up to date evidence this time.

Do they have a reason to suspect me? I would say yes, the i/o has a reason to suspect me BECAUSE she did not ask the proper questions and take time to get to know us. I'm not sure what the timeline says, I deleted the timeline from my signature as it was out of date and I don't have the time to update it as I no longer have internet access, when I do it is very short.

The issue of marrying after the divorce has been settled. Basically we got married 50 days after my wifes divorce, did the I/O ask how long my wife had been separated from her ex husband, no she didnt, which was approx 1.5years. Regardless I have read many stories on here of people travelling on a tourist visa and marrying after 2 weeks from meeting the person. I have known my wife 11 months before we married, lived together 6 months before we married, in my opinion that is not a short time.

I'm not worried about being questioned about our relationship, no worries, its the waiting and uncertainty that is the problem.

Sundrop, my marriage is actually considered legal. I had already contacted the court house in Florida to check if indeed the marriage was legal before and after marriage while living in Alabama. They can do this as long as the bride and groom is out of state. I also know that Alabama does recognize our marriage. I know USCIS had contacted their immigration attorneys to check this, while if USCIS had found our marriage invalid I certainly would not be going back for a second interview.

I do not have the luxary of affording an immigration lawyer, while the few I have spoken to were a waste of time.

You do realize that you can be called back into the offices of US Citizenship and Immigration under the guise of an interview and ICE agents can be waiting for you, don't you?

[SunDrop 59]

Sundrop, my marriage is actually considered legal. I had already contacted the court house in Florida to check if indeed the marriage was legal before and after marriage while living in Alabama. They can do this as long as the bride and groom is out of state. I also know that Alabama does recognize our marriage. I know USCIS had contacted their immigration attorneys to check this, while if USCIS had found our marriage invalid I certainly would not be going back for a second interview.

I do not have the luxary of affording an immigration lawyer, while the few I have spoken to were a waste of time.

*shrugs* I just discussed the remarriage laws that were available online:

1. Alabama

A final decree of divorce ends the marriage relationship as of the date of the decree. The remarriage of either party to the divorce to a third person is prohibited for 60 days following the decree. A divorce decree may also indicate whether the guilty party may ever remarry. However, if there is no such prohibition in the decree against the defendant's remarriage, any marriage of the defendant after 60 days following the decree is valid. A marriage contracted in Alabama before the end of the 60-day prohibited period or in violation of the prohibition against remarriage would be held to be void in Alabama. (See GN 00305.160D.) However, Alabama would hold to be valid a marriage entered into in another State within the 60-day period or contrary to the prohibition against the remarriage of the guilty party if the marriage met all statutory requirements of that second State and if the parties had not gone outside Alabama for the marriage in order to evade its prohibitions against remarriage. A marriage entered into in another State in contravention of the restrictions imposed by Alabama would be recognized as valid in other States, since such restrictions have no extraterritorial effect. (See GN 00305.155 for validity of remarriage in States which have adopted the Uniform Marriage Evasion Act.)

From what you have shared, you went to Florida in order to marry solely for the purpose of evading Alabama's prohibition against remarriage. Florida told you that remarrying was legal, which is true since the restrictions cannot be imposed extraterritorial, meaning they can't cross state borders but my understanding of the passage above is that its legality in Florida doesn't make your marriage legal in Alabama. But I'm not a lawyer, so it is a layman's perspective of the regulations.

How do you know that your marriage in Alabama is legal? At what point do you think the USCIS consulted a lawyer about the legality of your marriage? If it came after your first interview, then I wouldn't rule this out as a possible glitch.

Having said all that, you were the ones at the interview, not us. Of course it's possible that the IO was inexperienced and disgruntled, but there is also the possibility that she was being evasive because they were already querying the legality of your marriage, but didn't have anything confirmed yet. Is it possible that her perceived lack of interest was actually her seeing no point to examining your evidence because of the 'restriction evasion' for want of a better term...

Please know, I'm not trying to be argumentative. You asked for perspective, you're in an unusual situation that involves a lot of very complex laws and by your own admittance, have completely dismissed the idea of even an advisory consultation with an immigration attorney because you've come across a couple who aren't as with it as you'd like. There are good immigration attorneys out there. Google Laurel Scott, who I believe holds a free immigration Q&A on Wednesdays.

[Luckygoat 2]

*shrugs* I just discussed the remarriage laws that were available online:

1. Alabama

A final decree of divorce ends the marriage relationship as of the date of the decree. The remarriage of either party to the divorce to a third person is prohibited for 60 days following the decree. A divorce decree may also indicate whether the guilty party may ever remarry. However, if there is no such prohibition in the decree against the defendant's remarriage, any marriage of the defendant after 60 days following the decree is valid. A marriage contracted in Alabama before the end of the 60-day prohibited period or in violation of the prohibition against remarriage would be held to be void in Alabama. (See GN 00305.160D.) However, Alabama would hold to be valid a marriage entered into in another State within the 60-day period or contrary to the prohibition against the remarriage of the guilty party if the marriage met all statutory requirements of that second State and if the parties had not gone outside Alabama for the marriage in order to evade its prohibitions against remarriage. A marriage entered into in another State in contravention of the restrictions imposed by Alabama would be recognized as valid in other States, since such restrictions have no extraterritorial effect. (See GN 00305.155 for validity of remarriage in States which have adopted the Uniform Marriage Evasion Act.)

From what you have shared, you went to Florida in order to marry solely for the purpose of evading Alabama's prohibition against remarriage. Florida told you that remarrying was legal, which is true since the restrictions cannot be imposed extraterritorial, meaning they can't cross state borders but my understanding of the passage above is that its legality in Florida doesn't make your marriage legal in Alabama. But I'm not a lawyer, so it is a layman's perspective of the regulations.

How do you know that your marriage in Alabama is legal? At what point do you think the USCIS consulted a lawyer about the legality of your marriage? If it came after your first interview, then I wouldn't rule this out as a possible glitch.

Having said all that, you were the ones at the interview, not us. Of course it's possible that the IO was inexperienced and disgruntled, but there is also the possibility that she was being evasive because they were already querying the legality of your marriage, but didn't have anything confirmed yet. Is it possible that her perceived lack of interest was actually her seeing no point to examining your evidence because of the 'restriction evasion' for want of a better term...

Please know, I'm not trying to be argumentative. You asked for perspective, you're in an unusual situation that involves a lot of very complex laws and by your own admittance, have completely dismissed the idea of even an advisory consultation with an immigration attorney because you've come across a couple who aren't as with it as you'd like. There are good immigration attorneys out there. Google Laurel Scott, who I believe holds a free immigration Q&A on Wednesdays.

thats interesting. Not that you guys arent a legit couple but im just curious as to why get married so soon after the divorce. Shud have wait awhile longer