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Posted

I got here March 5,2010 with a fiance visa. We got married but after the marriage we're really having conflicts already. But still my husband is willing to continue what we've started. However, after the marriage we didn't live together in one roof. So now we're having troubles on how we'll get through if ever there will be an interview.

I just had my biometrics last tuesday. But a week before my biometrics USCIS sent me another letter ( a yellow letter ) asking for Request for Initial Evidence (I-485) They're asking again to submit a completed and signed form I-864 Affidavit of Support. which we both remember we submitted these things already twice before. What does this thing means? We're given 87 days for this. And i'm done with my biometrics.

I am so confused what this thing is. My husband is quite getting irritated about this.

And can someone tell me what's next after my biometrics? We're both nervous because I heard there might be an interview at once. And we're nervous because we don't live together because our marriage is on the rocks because of his family. But still my husband wants us to be married but only that we can't live together at the moment coz his mom and family can't accept me yet.

Is there an interview after my biometrics?

Posted

[quote name=NVC FAN :(' date='23 July 2010 - 07:49 PM' timestamp='1279932564' post='4084775]

yes it is more likely than not, that you will have an interview.

check your I-864, is everything correct, that may be why they keep asking for it again. an error maybe of some sort?

I guess. Because we attached everything that they needed. So we're both curious why they sent me this. So we're providing them again the most recent ones again. And if there was a mistake I shouldn't been instructed yet to have my biometrics,right?

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Did you submit all of the evidence that's required with the I-864? You don't submit only the form. You also have to include, at a minimum, a copy of the most recent year's complete tax return, including supporting documents like W2's and 1099's. In lieu of the complete tax return, you can submit tax transcripts from the IRS. Without the supporting evidence, the form is not much use. They will send an RFE if you didn't include the supporting evidence.

Is your husband's income sufficient to be the sole sponsor? If the household size is only you and him then he needs an income of $18,212 per year. If he doesn't have sufficient income, or enough assets to make up the difference, then you need a joint sponsor. They will send an RFE if your husband's income is not sufficient.

Figure out what they want, and provide it to them in the time frame given. If you don't, they will deny your AOS.

There may or may not be an interview. The odds depend, in part, on how busy your local USCIS office is. This will also have a determining factor on how long after the biometrics they will schedule an interview, if they do choose to schedule one. My local USCIS office is supposedly 7 months behind in processing AOS applications, yet they still managed to schedule our interview about 1 1/2 months after the biometrics. If they determine at the interview that you don't have a bona fide marital relationship then your AOS will be denied. If you aren't living together, for whatever reason, then you are going to have a very hard time convincing an immigration officer that you have a bona fide relationship.

If your marriage is really on the rocks, then you should divorce and go back to your home country. Pretending to have a bona fide relationship for the purpose of obtaining an immigration benefit is fraud. If you lie to the immigration officer, and your lie is discovered, you will be deported and your husband could go to jail.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Posted

We still love each other and his family is the only reason why we don't live together yet. His the one paying for his moms apartment. So we can't afford yet to get our own since I'm not working yet. Yes his income is sufficient and we passes everything together with the form.

Filed: K-1 Visa Country: Ecuador
Timeline
Posted

I am sorry... If I was an officer that marriage would look fraud to me. The reason is that the USCIS will not believe that you don't live together because his family does not accept you. They are going to say if you thought you were responsible and mature and brought your fiancee with you to marry her why would you not support her? Is this only for papers. IF the relationship is in the brink of failure then all that is being done is getting you papers. "FRAUD"

2010-05-15 I-129F Application sent to CSC

2010-05-17 I-129F Application received by VSC

2010-05-19 I-129F Application Forwarded to Dallas Lockbox

2010-05-25 Check cashed

2010-05-25 NOA1 Receipt

2010-07-07 NOA2 Received email that our I-129F application was approved

2010-07-14 NOA2 hard copy received, Petition sent to NVC

2010-07-12 NVC sent Petition sent to embassy

2010-07-15 Called NVC and got case number

2010-07-14 Petition received at Ecuador Embassy

2010-XX-XX Packet 4 letter of instructions from the Ecuadorian Embassy

2010-07-30 Medical appointment scheduled

2010-08-10 Passed medical

2010-09-13 Appointment for visa at Guayaquil Consulate

2011-01-04 Travel to the United States and get married

2011-01-16 Got Married

2011-03-19 Submitted AOS application

2011-04-05 Received RFE

Posted

Part of the interview process is to show evidence of a bona fide marriage. That's going to be very difficult for you to do if you're not even living together.

Not that this is any of my business, but why is his family so involved in your marriage at all? Did he not tell them about you before you came to the US?

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Posted

They knew it. That's why it is so painful to know that they cannot accept me when I was here already. Maybe they thought our relationship won't last that long. But when they heard I passed everything and we're gonna get married for then that's the time his mom retaliated. She thought he I'll take away his son from her. And he doesn't have work and fully dependent on him. Before she was ok with the idea, but when i got my visa already and prepared for the wedding then she objects. Which gave me a hard time seeing my husband in between of it. They don't like me first reason it's because I am a single parent I already have a kid. Next was she thought if her son will get married already she won't be given home and money anymore. Those stuff. Our relationship was good until his mom got on the way already. That shakes our relationship.

Posted

It is only my opinion but if you are not living together and cant prove the marriage is valid you will probably be sent back to your country. Now if all the problems are his family as you say then your husband needs t0 grow up and stop being mama's little boy. As difficult as it might be he needs to stand up to her and his family and defend his decision to marry you. I understand that this does not help you but I think if he really loves you then this is what he needs to do. Ask him it he loves you enough to stand up for you and tell his family that he will not change his mind and that they need to stop interfering in your relationship. Where are you living now? Ask him to come live with you. He can still go check on his mom and help her but he belongs with his wife now. I believe that the only way you will survive this ordeal is by protecting your feeling for each other and stick together through it all. I have been in a similar situation in the past and when my family finally realized that i loved this woman so much that they were only hurting me by their disapproval. In a short time they came to accept her and the whole family developed a very caring relationship with her that continued until her death 6 years ago. Your husband is in a very difficult position. He is being forced to choose between the woman he loves and the only family he ever had. A loving family will forgive and forget each other and if they really love him they will want him to be happy. If you make him happy then they need to accept you. If you wish you can show him this message and even have him PM me here if he wants to talk to someone who has had a similar experience years ago. Pray that his mother and family do the right thing and be strong through it all.

* Aug 2008...........Initial meeting

* July 2009...........Proposed

* Nov 24, 2009.....Married in Philippines

USCIS PROCESS

* April 11, 2010...I-130 mailed to Chicago LockBox

* April 14, 2010...I-130 package received at CSC

* April 21, 2010...Checks cashed

* April 21, 2010...NOA1

* July 15, 2010....NOA2

NVC PROCESS

* July 26, 2010...Cases received

* July 29, 2010...Received DS-3032 and AOS Fee Bill

* July 29, 2010...Returned DS-3032s by Email

* July 29, 2010...Paid AOS Fee Bill online

* Aug 03, 2010...Mailed AOS Package

* Aug 03, 2010...Case complete, forwarded to Embassy

CONSULATE PROCESS

* Aug 09, 2010...Our Nightmare with USEM begins

* Aug 09, 2010...USEM received Package from NVC (verified delivered by DHL tracking number)

* Aug 09, 2010...USEM losses Package.

* Aug 16, 2010...USEM claims case not received from NVC

* Aug 16 through Sept 16...Many phone calls and faxes to try to get embassy straightened out

* Sep 16, 2010...Finally received Interview Appts. (Oct 12, 7:00 am)

* Oct 04-07, 2010...Medical Exams - Passed

* Oct 12, 2010, 07:00 ...Interview --- Approved!

POE and more

* Oct 26, 2010...POE Houston, Texas - Very quick and easy immigration process. No problems.

SSN Received 2 weeks after POE.

Posted

I just had my biometrics last tuesday. But a week before my biometrics USCIS sent me another letter ( a yellow letter ) asking for Request for Initial Evidence (I-485)

Have you called USCIS about this?

Because they must've just overlooked things and was too lazy to rectify the mistake.

Since you mentioned BEFORE your biometrics, so I would assume the local office could have figured that out when you need to re-submit I-864 when you had your biometrics.

Is there an interview after my biometrics?

More and likely, if you had a successful biometrics appointment, (or should I say if you didn't have that concern about the I-864)

you just have to wait for your Green card in production and wait for it to hit the mail.

F2A

Petitioner (My Mom)

Beneficiary (My Sister 18 y.o)

06-07-19- Sent I-130

06-11-19- NOA1

02-19-20- "Initial Review, Transferred to another Visa Center"

03-11-20- APPROVED!!!

Posted

It is only my opinion but if you are not living together and cant prove the marriage is valid you will probably be sent back to your country. Now if all the problems are his family as you say then your husband needs t0 grow up and stop being mama's little boy. As difficult as it might be he needs to stand up to her and his family and defend his decision to marry you. I understand that this does not help you but I think if he really loves you then this is what he needs to do. Ask him it he loves you enough to stand up for you and tell his family that he will not change his mind and that they need to stop interfering in your relationship. Where are you living now? Ask him to come live with you. He can still go check on his mom and help her but he belongs with his wife now. I believe that the only way you will survive this ordeal is by protecting your feeling for each other and stick together through it all. I have been in a similar situation in the past and when my family finally realized that i loved this woman so much that they were only hurting me by their disapproval. In a short time they came to accept her and the whole family developed a very caring relationship with her that continued until her death 6 years ago. Your husband is in a very difficult position. He is being forced to choose between the woman he loves and the only family he ever had. A loving family will forgive and forget each other and if they really love him they will want him to be happy. If you make him happy then they need to accept you. If you wish you can show him this message and even have him PM me here if he wants to talk to someone who has had a similar experience years ago. Pray that his mother and family do the right thing and be strong through it all.

Thanks to you! Well, at the moment I live here in my sister and mom's house. I am with my family. And he just goes here to see me. We don't have our own house yet coz we can't afford yet. Since he's also the one paying for the apartment where his mom lives. But once I get a job we talked about it that we'll get our own place but still help his mom. I am in pain to see him like that so I decided to stay with my family for a while since I dont have a job yet to help my husband to get another place for us. His salary isnt enough to sustain another house you know. So I can't live there in the apartment he pays for because his mom is there. So I know it'll only be chaotic if I insist to live there with his mom. He already fought for me and ended up marrying each other and none of their family wanted to attend our wedding. It was actually first a plan of church wedding, but as soon as i heard they won't attend the wedding.. we didn't push through with that instead we became practical enough to just have a civil wedding. I am happy that my family is still very supportive of us.

Posted

Yes I did. The person i've talked to said.. just do what they stated in the letter. Submit it on time given to me. I even said.. we even submitted it twice already and I've had a biometrics already. He said " well, biometrics is just to verify your records." It's not connected with the forms you previously submitted or the evidences we're asking of you now. That is just to check your background if you have some records in FBI or others link to that. YOu still have to submit what we're asking for.

That was the answer to me of that person from NCSC. I am very nervous of an upcoming interview. :crying:

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Thanks to you! Well, at the moment I live here in my sister and mom's house. I am with my family. And he just goes here to see me. We don't have our own house yet coz we can't afford yet. Since he's also the one paying for the apartment where his mom lives. But once I get a job we talked about it that we'll get our own place but still help his mom. I am in pain to see him like that so I decided to stay with my family for a while since I dont have a job yet to help my husband to get another place for us. His salary isnt enough to sustain another house you know. So I can't live there in the apartment he pays for because his mom is there. So I know it'll only be chaotic if I insist to live there with his mom. He already fought for me and ended up marrying each other and none of their family wanted to attend our wedding. It was actually first a plan of church wedding, but as soon as i heard they won't attend the wedding.. we didn't push through with that instead we became practical enough to just have a civil wedding. I am happy that my family is still very supportive of us.

Please don't take this the wrong way. I'm just going to look at this the way an immigration officer might. Ok? :blush:

You've only been in the US for a few months. You married within the 90 day window, which is good. But now, only a few short months later, you're living with your mom and sister. An immigration officer is likely to think that you got a K1 primarily to reunite with your family, and not to be with your husband. This suspicion will be even stronger if you happen to be from a country with a very long wait for a family preference visa, like Mexico or the Philippines.

Your future life in America with your husband is at stake. You and your husband need to get this situation straightened out. If you are in the same boat when it comes time for the AOS interview then you will probably not be getting a green card.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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