Denied at interview

[johnbull81 0]

Hello

I went with my wife to the interview yesterday and we were denied outrightly.The officer asked me a few questions and i answered well. She asked my wife who is Asian American and doesn't understand English language very well a few questions and that was it.The interview was over. My wife and i met in in medical school in Russia. I graduated last year and she has one more year to go.She studies in Russia and lives with me here in the states. So during the interview she asked my wife where she lives and my wife said she doesn't live here in America. The interviewer twisted the question until my wife couldn't understand and she said since my wife wasn't living here in the states everything was denied.What can we do now. Please help.

[one...two...tree 2,762]

What embassy did the interview take place at? More specifically, what country is she immigrating from?

[johnbull81 0]

What embassy did the interview take place at? More specifically, what country is she immigrating from?

We had the interview in Detroit. She is the american citizen and i am on F1.

[spookyturtle 9,466]

Your wife is the US citizen, doesn't understand English very well and told them she didn't live in the US? It sounds like a big misunderstanding but may be a problem to resolve. It might be a good idea to at least have a consultation with a good immigration lawyer.

[belinda63 3,041]

You can re-file after her studies are complete and she is ready to move to the US.

[Nartaki 7]

You are on F1? Is your wife a US citizen?

You say she studies in Russia but lives in the US? Hows it possible? Is it an online education course?

If she is a US citizen but lives in another country, she is eligible for Direct Consular Filing and ineligible for adjustment of status.

Next time take a translator with you.

[VanessaTony 3,567]

I don't know what to tell you. Russia isn't the closest place. you're not living together, you're living in the US, she's living in Russia.. whether temp or not. As the USC your wife needs to show she LIVES in the US.. it appears she didn't prove that. Try again when she's actually living in the US again.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you appear to have been adjusting from a visa other than K1, K2, K3 & K4**

[besaangel 18]

How is she the USC and cannot speak English well... That was a huge red flag for u both... consult an attorney cause you guys are gonna need it to appeal

[baron555 934]

Hello

I went with my wife to the interview yesterday and we were denied outrightly.The officer asked me a few questions and i answered well. She asked my wife who is Asian American and doesn't understand English language very well a few questions and that was it.The interview was over. My wife and i met in in medical school in Russia. I graduated last year and she has one more year to go.She studies in Russia and lives with me here in the states. So during the interview she asked my wife where she lives and my wife said she doesn't live here in America. The interviewer twisted the question until my wife couldn't understand and she said since my wife wasn't living here in the states everything was denied.What can we do now. Please help.

Being an Asian American one would normally think that person could speak English. Any way, I believe there is a requirement of living in the US for a certain period of time per year. Obviously your wife doesn't meet this requirement and you were denied. Try again when you two are actually together.

And what does Nigeria have to do with anything?

[GabiandVi 34]

I think you need to clarify some information before anyone can give you appropriate responses.

Are you the intending immigrant? Or is your wife?

If your wife is the USC, how did she get her citizenship? Did you answer that way on the I-130?

Is she studying online? Or is she living in Russia?

If she is a student, did you submit appropriate affidavits of support?

Your information is a bit confusing as you say your wife is American but she doesn't speak English. I assume that makes you Nigerian. How is it your wife is an adult USC but she can't speak English? Has she lived any of her life in the US or did she gain citizenship through one or more parents? I remember some talk about 15 years ago about some sorts of restrictions for people who have citizenship through their parents but who have never lived in the US. I didn't pay any attention because it didn't apply to me, but I knew some people abroad who fit that category and they were discussing it. It doesn't seem like there could be any truth to that, but who knows?

It seems more likely to me that your wife can prove residency and so she can't petition if she is the USC nor benefit if she is not, for an AOS. If that is the case, the burden falls on you to prove her residency.

[SMR 368]

Hello

I went with my wife to the interview yesterday and we were denied outrightly.The officer asked me a few questions and i answered well. She asked my wife who is Asian American and doesn't understand English language very well a few questions and that was it.The interview was over. My wife and i met in in medical school in Russia. I graduated last year and she has one more year to go.She studies in Russia and lives with me here in the states. So during the interview she asked my wife where she lives and my wife said she doesn't live here in America. The interviewer twisted the question until my wife couldn't understand and she said since my wife wasn't living here in the states everything was denied.What can we do now. Please help

There was no twisting required on the interviewer's part. If your wife doesn't live in the US (and she said that she didn't), you can't apply for AOS on the basis of your marriage. You have a difficult situation that the immigration policy is not designed to accommodate. AOS on the basis of marriage is to allow you to live together as a family. At present, your wife is studying (I assume full-time) in another country. She may be maintaining a domicile in the US, but no reasonable immigration officer is going to buy that she is living in the US and studying full-time in a country that is a twelve hour flight away. If you want to live with your wife, you can do so in Russia, since that is where she is de-facto living at present.

[Otto 83]

** Multiple 'duplicate' topics merged.

[lostinlove228 0]

There is a requirment of setting up Domicile in the USA for the Affidavit of support. If she can't prove that she is planning to set up domicle at the latest the same time as your US entry. They will not give a visa.

[lala_xoxo 2]

I am a little confused...what has all this got to do with Nigeria or being Nigerian. And yes, I am taking it personally!

[JimVaPhuong 4,863]

I am a little confused...what has all this got to do with Nigeria or being Nigerian. And yes, I am taking it personally!

Because the OP selected Nigeria for his country in his profile. He then said his wife is Asian American, lives and goes to school in Russia (where they originally met), and they had their AOS interview in Detroit. So, everyone is wondering exactly what you're wondering - what does Nigeria have to do with this? It's not a slur against Nigeria or Nigerians, but trying to determine why the OP selected Nigeria for his profile since it sounds like the country he immigrated from was Russia.