Need some help - received letter

[crazymazy 0]

Let me get this straight:

- wife = USC

- husband = immigrant

If this is the case and you, as the USC received a letter that YOUR K1 would be revoked, that's very weird because you don't HAVE a K1 visa, you're a USC... If you meant his K1 visa would be revoked this is also odd but I suspect that this letter was sent to you to prove you live together or something like that. Perhaps giving you the chance to not respond in case they think you're being pressured to AOS him or something...

Worst case scenario and you're denied, you can appeal the decision. it means more money though so get everything you can to prove a real relationship. It seems like there's some red flag that you might not know about. You said 3 qns out of 20 wrong, so does this mean you had a stokes interview? Any idea what caused the stokes? I.e. what made them think you required one?

Just to update this nightmare - The letter was sent to me because the interviewing officer is trying to revoke the k-1 not just denying the AOS.

If he succeeds then my husband can be found illegally here since our k-1 will be voided and face a 10 year ban since his k-1 visa will be no more. This will make a hearing pitting the Federal against the state as the federal approved our k-1 and now the state is trying to revoke it. it is just crazy . We have hired a lawyer and we have to the 21st to turn in our evidence of bona bide relationship. The lawyer will request our application to review by Superior but the guy who interview us is already top dog - she was amazed he did interview to start with.

It has turned into nightmare for us. Wish us luck

Edited October 9, 2010 by crazymazy

[Deputy Purple 1,294]

Just to update this nightmare - The letter was sent to me because the interviewing officer is trying to revoke the k-1 not just denying the AOS.

If he succeeds then my husband can be found illegally here since our k-1 will be voided and face a 10 year ban since his k-1 visa will be no more. This will make a hearing pitting the Federal against the state as the federal approved our k-1 and now the state is trying to revoke it. it is just crazy . We have hired a lawyer and we have to the 21st to turn in our evidence of bona bide relationship. The lawyer will request our application to review by Superior but the guy who interview us is already top dog - she was amazed he did interview to start with.

It has turned into nightmare for us. Wish us luck

FWIW, there is now "Federal vs State". All immigration is a federal issue, all USCIS offices are USCIS (United States Customs & Immigration Service).

I don't understand how they can revoke a K-1 that has already been used. Why would they bother with that when all they have to do is deny his Adjustment of Status.

[crazymazy 0]

FWIW, there is now "Federal vs State". All immigration is a federal issue, all USCIS offices are USCIS (United States Customs & Immigration Service).

I don't understand how they can revoke a K-1 that has already been used. Why would they bother with that when all they have to do is deny his Adjustment of Status.

I totally agree - maybe is local vs national because the k-1 was approved at the national level - like i said is just nuts

[VanessaTony 3,567]

moving this for wider coverage.

Any news??

** moved from "Adjustment of Status Case Filing and Progress Reports" to "Adjustment of Status (Green Card) from Family Based Visas" as the prior forum is for case updates/progress and this one is for questions**

[crazymazy 0]

we meet again with the lawyer this Thursday to turn in originals and she will file the papers for us. I will keep you updated as things progress. She is going to try to get our case reviewed by higher ranking officer at the Houston office as we have solid proof and is a solid marriage or a new interview.

Hopefully just approval and be done with this step :|

[belinda63 3,038]

The only way they could revoke his K-1 now that he is here, as much as I know, would be if there were misrepresentation on the paperwork thus rendering it void.

[JimVaPhuong 4,863]

If they are threatening to revoke the K1 petition approval at this stage then they are going to accuse you of material misrepresentation; i.e., fraud. They think you lied when you filed the petition.

They conduct a Stokes interview when they think the relationship is a sham. Consulates in high fraud countries will sling accusations of sham relationship around like they were party balloons, but USCIS doesn't do this unless they have evidence. You need to take a very hard look at your circumstances and anything in yours or your husbands background that might cause them to believe this. It's possible the evidence they have is NOT something you gave them, but something that came up in their background checks. Unfortunately, this isn't a court of law, and they are not obligated to share what evidence they have with you. You can file an FOIA request to try to get the files, but they will likely sit on the request for the maximum amount of time allowed by law, which unfortunately is after your deadline to submit your evidence.

You really need to try to figure out what they suspect, and focus your evidence on addressing this. Frankly, I think you could flood them with bank statements and insurance documents and other 'neutral' evidence and it won't make any difference. Unless you can confront whatever it is they're suspicious of then you'll probably be denied.

There is no state vs. federal government issue. USCIS is an agency under the executive branch of the federal government. This applies to local field offices the same as it applies to national service centers. The immigration officers who interviewed you were officers of the US government.

Normally, when an AOS petition is denied you can file a motion to reopen. Technically, there is no 'appeal' of the denial. However, if the underlying petition approval is revoked then you've got a serious problem. There would be no basis to reopen the AOS case. That does not mean that everything ends there! You can still file an I-130 petition and another I-485, and attempt to adjust your husband's status based on a CR1 visa eligibility. Whatever happens, you must keep SOME process moving - a motion, appeal, new petition, even a federal court lawsuit - or your husband will end up being deported.

I think you should have a serious discussion with your attorney and vet him regarding his qualifications and experience dealing with AOS denials involving a material misrep accusation against the petitioner. If he isn't well experienced, then thank him for his assistance and go shopping for a more experienced attorney. You really need a very very good attorney on your side right now.

Good luck!

[TBoneTX 45,309]

You really need a very very good attorney on your side right now.

In Houston: http://www.fosterquan.com

[crazymazy 0]

Before we filed for the k-1 visa, my husband had tried to get a visitor visa. During this process, he was asked if he was romantically invoked with me - the sponsor- for his visitor visa - he said no we were not because of bogus advice we had received from a friend - thinking they would deny his visitor visa because of flight risk - he was denied anyway.

During the Strokes interview at the Romanian Embassy for the K-1 visa- he was called on this and explained this was reason, and the embassy said ok, they understood this and approved his k-1 visa.

Now the AOS interviewer is basing the revoking of the k-1 on this statement and the time line of the trying to get a visitor visa and filing the k-1.

Our lawyer is a very good immigration lawyer and she is aware of these things, we are submitting proof of bona fide love relationship before and after and she will address this issue in her legal brief. Like I said before we do have a age difference of 20 years and is older female in the mix.

It was wrong for us and in way was simple mistake made that is haunting us along with the age factor.

[JimVaPhuong 4,863]

Before we filed for the k-1 visa, my husband had tried to get a visitor visa. During this process, he was asked if he was romantically invoked with me - the sponsor- for his visitor visa - he said no we were not because of bogus advice we had received from a friend - thinking they would deny his visitor visa because of flight risk - he was denied anyway.

During the Strokes interview at the Romanian Embassy for the K-1 visa- he was called on this and explained this was reason, and the embassy said ok, they understood this and approved his k-1 visa.

Now the AOS interviewer is basing the revoking of the k-1 on this statement and the time line of the trying to get a visitor visa and filing the k-1.

Our lawyer is a very good immigration lawyer and she is aware of these things, we are submitting proof of bona fide love relationship before and after and she will address this issue in her legal brief. Like I said before we do have a age difference of 20 years and is older female in the mix.

It was wrong for us and in way was simple mistake made that is haunting us along with the age factor.

It would have been helpful to mention this stuff previously. You didn't tell us you also had a Stokes interview at the embassy.

If what you say is accurate then it's not you they are accusing of misrepresentation, but your husband. They think he lied about his intent when he applied for his tourist visa. From what you describe, he apparently admitted the lie at the visa interview. It may seem like an insignificant little fib, but it's material because the answer could affect the approval of the visa request. When you lie about something that could affect the outcome then it's a material misrepresentation. All of the bona fide relationship evidence in the world is not going to erase that lie now.

I have no advice to give you because I have no idea how to fix this now. If they revoke the approval of the petition then it will depend on what the finding against him is. A P6C misrep can be overcome with a hardship waiver, but it would need to be submitted after a visa is denied at the consulate in Romania. If he'####### with a hard finding of fraud then he could potentially receive an unwaiverable lifetime ban. Frankly, this would be pretty harsh for lying about being in a relationship. Hopefully, your lawyer will be able to deal with this before it ever gets that far.

This is why people are advised to never ever lie to any immigration authority about anything.

[crazymazy 0]

Finally ......

On January 28, 2011, 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

[NigeriaorBust 4,087]

Wow A long hard road. My husbands friend is facing something similar and we are hoping for a positive outcome.

[JimVaPhuong 4,863]

Finally ......

This is awesome beyond words! Major congratulations!

[crazymazy 0]

It is such a relief, we feel like we have been holding our breath since we received the letter for more evidence. I was at work when I received the text message the case status had been updated, and when I checked at work on the internet, and saw the "Card production had been ordered" i broke down and cried. It has been a long, long road. I thank God in all his glory for seeing us though this long journey and this site has been heaven sent since day one of this process from the beginning. I know is still steps we must take but for now we are taking 2 years vacation ..lol

[haruko83 1]

It is such a relief, we feel like we have been holding our breath since we received the letter for more evidence. I was at work when I received the text message the case status had been updated, and when I checked at work on the internet, and saw the "Card production had been ordered" i broke down and cried. It has been a long, long road. I thank God in all his glory for seeing us though this long journey and this site has been heaven sent since day one of this process from the beginning. I know is still steps we must take but for now we are taking 2 years vacation ..lol

Yay!!! congratulations! As i read the whole thread I was expecting to read good news at the end, I am so glad to hear it had a happy ending