GIVE ME A REASON TO BE HOPEFUL

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I came to the US in 1996 with a passport that was not mine fleeing a war in my country Liberia, I was however arrested at the airport and detained .I went before an immigration Judge seeking political asylum but was denied but was paroled within a month. I was able to get a EAD my SS and in the meantime my lawyer appealed the my asylum denial which was neither denied nor approved but wait administratively closed. Every Lawyer I have consulted with has always said they do not know how to proceed with my case so I just gave up even though Liberia was at war at that time.

In 2006 I met this wonderful USC we dated for about a year and we both decided that we should go to next level. I asked her to marry me on her birthday which she accepted, we got married in Oct 2007. We consulted with a few lawyers regarding what our options were one told us the best way to proceed was to file I 130 and wait for approval then proceed with the AOS. We did that and it was approved in June 2008 but by then my wife had been diagnosed with cancer Iso I had to shelf my AOS filing until further notice. She was declared to be cancer free in late 2009 but I had to make sure she was emotionally well before we started the AOS. In May of 2010 we consulted with a new lawyer who agreed to take my case. In July she submitted my I 485,I 765 and I 601.Everything went smoothly within a week of sending off the package we received receipt notices a couple of weeks later I had an appointment letter for my biometrics two weeks after my biometrics appointment got another letter for our interview. We got there 40 minutes before our appointment 10 minutes later our lawyer joined us we called 40 minutes after our appointment time. We followed the IO to her office before she administered the oath she told us that she has not had time to review my file because she got it just that morning.She asked us a few questions whilst complaining that my case was too complicated for any decision right then. She asked me the yes or questions there were two questions that I answered yes to and to had to her what happened, the first was my entry into the US with someones passport and second was my arrest for DUI and for disorderly conduct.The DUI I was not prosecuted and the disorderly conduct I was sentenced to a fine. She then went on about my I 864 sponsor she wanted to know whether she was a USC there was a copy of her US passport in my file and she wanted a letter from my sponsors employer and then copies of her stub her tax return for three years she concluded was not enough.In the end she did not make any decision but only said she will recall has for another interview. We did submit a lot of evidence of our marriage wedding pictures, family pictures, letters from my three step children,letters from family and friends,joint bank statements,auto insurance policies,health insurance policy and cards , miscellaneous mail, phone bills , utility bills ,letter from my wife's oncologist and divorce decrees from my wife's previous marriage and our leases. What am I missing.

Has anyone had an experience like mine? Please help

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*Moved from Adjustment of Status-Family Visa to Adjustment of Status-Work, Student, Travel. OP not adjusting from family visa.*

[TyandAllie 17]

I don't have any advice for you, but I wanted to wish you luck, it sounds like you've had a long, hard road. I'm especially glad your wife got better.

[BethandBilly 86]

I wish I had some advice for you also, but instead all I have are my best wishes for the future and hope that your wife stay's cancer free. Good Luck

[Harpa Timsah 13,258]

I have a reason to be hopeful: You didn't get denied!

The IO said she only got your file the morning of your interview and that is certainly not enough time to understand all that is going on there. A lot of people are not approved at the interview and are approved later, sometimes with a second interview, sometimes with no interview. Good luck!

[JimVaPhuong 4,863]

I think it's safe to say that few if any members of this forum have had an experience similar to yours. I'm not saying your situation is unique. I'm just saying that it's very far from typical. Even a seasoned immigration lawyer might have a hard time predicting what will happen. That's why the lawyers you consulted with didn't how to proceed with your case.

Using a fake passport is usually an automatic lifetime ban from the US. The asylum application is the only way you could have been paroled into the US after that stunt. The upside is that you were paroled into the US, which means you're not automatically barred from adjusting status.

The IO who interviewed you was right - your situation is too complicated to adjudicate on the spot. You married a US citizen after 10 years of unsuccessfully fighting a denied asylum application. There is no way they're not going to suspect the marriage was primarily to gain an immigration benefit. I suspect the bit about the DUI and the affidavit of support was just the IO fishing for an obvious reason to deny the AOS without having to deal with the fake passport, failed asylum application, and more than a decade of overstay.

I could only guess what your chances are of being approved. I think you have a pretty good shot at ultimately winning, but I suspect you'll initially be denied. You might win in immigration court with a hardship appeal, or a BIA appeal. Dunno. The fake passport is your real weakness here. I hope you have an excellent attorney.

Good luck.