Had AOS Interview last week...

[EvilPenguin 0]

Hi, I'm new here so I'll give the thumbnail version of things. My now-husband came to visit me for the first time in February of last year. He was here almost three weeks and went home. He came back in September of '05 for another visit. We already knew we were going to file a fiance visa for him but we figured we could do the paperwork together while he was here. Then he'd go home for a few months and sell his house, talk a couple of friends into adopting his dogs and cats, sell his car, etc. and come back when the documentation was approved here.

But as the time between visits felt like an eternity and neither one of us WANTED to be apart for months again, we delayed his return for a few more weeks and eventually decided to just get married. We thought we'd just go to the clerk's office and have a civil ceremony as neither of us had ever wanted some big white wedding and we're a bit long in the tooth for that anyway. It's fine if that's your thing, but it's not ours. Turns out my mother was going to be really disappointed if she didn't get to do something for us, so over the course of maybe a week, she and my sister hired a local marriage commisioner, invited my brother and his daughter and an aunt and uncle and we had our tiny impromptu wedding in mom's backyard and we ate dinner around the same old table we always eat dinner around.

Anyway, I filed all the paperwork, he got his physical and we submitted it all at the same time. Two months later, we find out they've lost our affidavit of support information and we resubmit that. He got fingerprinted, he got approved to work, we went for our AOS interview last week...and I think the officer took an instant dislike to us. She led us from the waiting area through a door to the back and she was behind us and the way the layout was back there, you could have gone down a hall to your left or right...so I turned around to look and see where she'd direct us and she looked at me coldly and said "Are you all right?" I said "Uh, yes, I just wasn't sure which way to go." And she didn't get any nicer than that during the course of the interview.

She asked us for documentation of this, that and the other. She said that we needed to submit evidence that we'd been living together since my husband got here and that we commingled funds. Well he only just got his social security number two months ago and so he's not listed on the lease as living here, but he's not the leaseholder. I got him cards on my credit card accounts, but they're not officially in his name. Same with the utilities. Everything seems to require a social security number.

Anyway, I went home the day after our AOS fiasco and got everything I could to show we'd shared expenses. I got a letter from human resources where I work that said that the $500/month coming out of my check each month for health insurance was to cover him (as coverage for myself would be free). I thought I'd really given her everything she could want.

I wait for an update. Nothing. Nothing. Nothing.

Then in today's mail...ANOTHER request for evidence. Now that I've satisfied them that we DO share funds and live together -- they need "documentary evidence of your intent to leave the United States within 90 days of admission." I'm starting to feel like they're TRYING to find a reason to deny us. My husband is educated, speaks four languages, has no criminal history. Why do I feel like they're trying to meet some sort of rejection quota? Are they just extra careful if someone with beige skin and black hair shows up now? Everyone is a terrorist unless they're blue-eyed and rosy-cheeked?

So, from your experience, is it time to just hire an immigration attorney? I really don't think we're going to get a fair shake here. If I send them a copy of his round-trip ticket, that's not going to be enough. They even asked for proof he'd sold his home in his homeland...well he didn't sell it, because he was going BACK to it. Geez.

I feel sick. If he was Mexican and just snuck in, someone would be screaming for amnesty on his behalf. There are countless fraudelent green card marriages every year. This is anything but fraudulent but we're really getting raked over the coals here.

Thanks for listening. I appreciate any advice.

C

[Kez/JWolf 6]

I think you should get a good immigration lawyer... the problem is that you had already deceided to get married before he entered the country.... althought you had not set a date... they will be questioning if he had intent to remain when he came here....

Yes you can file for AOS if you get married on the spur of the moment and by that they mean you had not been asked or decieded you would marry before your entry to the States...

You really do need to have all this checked out by a Lawyer...

Good Luck Kezzie

[LaL 418]

Then in today's mail...ANOTHER request for evidence. Now that I've satisfied them that we DO share funds and live together -- they need "documentary evidence of your intent to leave the United States within 90 days of admission." I'm starting to feel like they're TRYING to find a reason to deny us. My husband is educated, speaks four languages, has no criminal history. Why do I feel like they're trying to meet some sort of rejection quota? Are they just extra careful if someone with beige skin and black hair shows up now? Everyone is a terrorist unless they're blue-eyed and rosy-cheeked?

well they are trying to prove at the time you married there was no immigrant intent. From what you wrote, it sounds as though you just didnt have a date (as Kezzie stated). You will need to submit proof that your husband intended to leave.

Return ticket for the flight?

Apartment?

Job?

Im sure they are just scrutinizing you because it seems to the officer you had immigrant intent, and the onus is on you to prove otherwise.

[EvilPenguin 0]

well they are trying to prove at the time you married there was no immigrant intent. From what you wrote, it sounds as though you just didnt have a date (as Kezzie stated). You will need to submit proof that your husband intended to leave.

Return ticket for the flight?

Apartment?

Job?

Im sure they are just scrutinizing you because it seems to the officer you had immigrant intent, and the onus is on you to prove otherwise.

Well he had a return ticket for the flight. And he owned a house in his country that was unsold when he came here (and which, as he wasn't able to go back and take care of things, was foreclosed on by the bank some months ago). He had a car there as well. We knew we'd eventually be together but he didn't ask me to marry him until he was here for the second visit. If he'd intended to stay when he came the second time, he'd have sold his belongings, sold his car, sold his house and gotten SOMETHING out of it. But as it was, he came with only enough $$ for a visit. His ex-wife went and got some of his belongings from his house for him and she's shipping them to him, piece by piece, as she can afford it. That's not exactly how someone would deliberately relocate. I'm just frustrated by this all. I'm looking online trying to find out what will happen if they go ahead and deny his adjustment of status but honestly it's hard to think clearly right now.

C

[LaL 418]

Well he had a return ticket for the flight. And he owned a house in his country that was unsold when he came here (and which, as he wasn't able to go back and take care of things, was foreclosed on by the bank some months ago). He had a car there as well. We knew we'd eventually be together but he didn't ask me to marry him until he was here for the second visit. If he'd intended to stay when he came the second time, he'd have sold his belongings, sold his car, sold his house and gotten SOMETHING out of it. But as it was, he came with only enough $$ for a visit. His ex-wife went and got some of his belongings from his house for him and she's shipping them to him, piece by piece, as she can afford it. That's not exactly how someone would deliberately relocate. I'm just frustrated by this all. I'm looking online trying to find out what will happen if they go ahead and deny his adjustment of status but honestly it's hard to think clearly right now.

C

submit the docs you have then. thats the only thing you *can* do. The suggestion of a lawyer to look all over could be helpful, you may want to look into that.

[Trompe le Monde 1,107]

All I have to add is I feel your pain - my husband's AOS is "under review" for reasons which are not made clear to us. FWIW, he also has a butterscotch complexion.

[Heracles 417]

Quick question. Was the interviews cubicle the first one in the office on the left as you walk in??

Surname Patterson, maybe??

[EvilPenguin 0]

Quick question. Was the interviews cubicle the first one in the office on the left as you walk in??

Surname Patterson, maybe??

Yes! Did you deal with this same officer? What was your experience?

I'd read all these reassuring stories on here about how great an experience most folks on here seemed to have in their interview and ours was anything but pleasant. We were both nervous and she didn't do anything to put us at ease. I tried to remind myself to relax because we hadn't done anything wrong and this was obviously just a formality. Ha! I've never found myself in a position where I felt like I was guilty until proven innocent before. I felt like one of those characters in a TV drama where they have no alibi for the night a crime occurred and so they're jailed because they were foolish enough to spend the evening home alone without anyone to vouch for their whereabouts.

I had so much trouble sleeping last night that I have to go to work and I feel like my brain is fried. I just keep reminding myself that there must be something we can do if (although it feels like "when") our latest attempt to satisfy them fails.

[Heracles 417]

Ahhh Yes. I just had my interview with her the other day.. Don't even get me started..

I feel for you. When I first saw her I rolled my eyes and thought to myself, “here we go” and I guess I was right about her. There were so many times I just felt like saying to her, are you dumb or just a ######..

When she asked us to show proof of our marriage, I asked her if she just wanted to look through the folder I prepared and she responded by saying it was up to me to prove it was legit. At that point I just knew she was just going to be an unreasonable smartase because she knows she has the power and there is nothing we can do about it… So I just shut up before I said something I might regret.. I seriously felt like saying first of all, just because we have our names on a few pieces of paper doesn't mean jack ######.. She looked through the stuff I handed to her and did not say whether it was enough, whether we were on the right track or whether we needed any more.

Likewise, we were really nervous and tired as our appointment was really early, yet she didn't seem to give any consideration to that. First rule of determining a scammer or crook, pretend you’re their friend to lower their guard. Once again I felt like saying, “Mam maybe you should watch discovery, A&E and court TV a little more to learn how ‘real’ professionals catch people out…”

When she asked me the list of questions from the I-485, illegal activities etc, she would look at me intensely to see my expression. I understand they may be required to ask but once again I felt like saying “are you dumb... Do you seriously think someone who is planning something or is scamming the system is going to answer Yes...””

Nonetheless, in the end she was like, oh your name HAS passed the check so I will have a decision for you in 1 to 3 months... I almost died when I heard that.. The whole process just make me really angry to think that she would assume that I would be leaving a country like Australia, a first world country, to try and scam getting into the US.. Especially considering, as you said, you hear so many people being approved without a glitch and I am talking about people coming from 2nd or 3rd world countries.. Later on my wife and I discussed , what sort of evidence do they expect people to gather in just a few months of living together????

We left the place feeling the same way.

I think you will need to gather as much info as you can. Beat her at her own game.. If your partner worked in Portugal, try getting a letter or some proof stating they were still employed when they came to the US. Copy your partner’s return ticket or itinerary. Have you both sign separate declarations, with a notary public, stating your partner’s intent to return. Get a few people you know to sign a declaration stating you had no plans on getting married. Show proof of him not having sold his assets and how he only came over with XXX dollars for his trip.. I am more than confident in you guys being able to beat this idiot at her own game…

After all of this if I had the option of the electric chair or going through US immigration again, I’d take the electric chair..

PS It’s funny how based on your husbands background, ‘developed’ and ‘progressive’ western countries like the UK, Canada, Australia are begging for good hard working, educated people to further enhance the country. Whereas US immigration is still stuck in the 80’s where they don’t even factor a persons background..

Edited August 23, 2006 by Infidel

[EvilPenguin 0]

Ahhh Yes. I just had my interview with her the other day.. Don't even get me started..

<snip>

PS It’s funny how based on your husbands background, ‘developed’ and ‘progressive’ western countries like the UK, Canada, Australia are begging for good hard working, educated people to further enhance the country. Whereas US immigration is still stuck in the 80’s where they don’t even factor a persons background..

Sorry she put you through the wringer, too. I wonder if anyone here had a GOOD experience with that one. I mean, I try to be patient and I try (though it's hard) to understand that other people have bad days or personal problems and I don't expect people to be perfect. But when you're in a position where you have that kind of power over other people's lives, handle yourself professionally and don't behave like a bully. What kind of introduction is this to our country for people who want to live here? Besides the fact that this whole process is stressful enough if everyone does what they should do, I really resent feeling like I have to watch my every word and every move for fear I'll irritate someone who has too much power and a bad attitude.

[Anna C. 4]

Wow she sounds evil. Good luck to you guys. I wonder if it is that why they sent us the RFE we never received. I entered the US with a J1 visa and did a traineeship in New York. Came in Feburary. Paul was my boyfriend, and I originally wanted to do my internship in Italy, but changed my mind since he was in the US. I have a ticket for a flight in September. But Paul proposed in June and we decided to get married right away. Possibly now they want the same ####### like they want from you!!!

I know it sounds arrogant, but you are right: people from the EU, Canada, Australia or Japan don't have any need to sneak into the US. Life is even better in Germany (if you are unemployed you will still have a home, food and health plan). There is no reason for so called Westerners to leave their countries apart from love. But that seems to be hidden to the immigration guys. And then I really really get angry... Hey I don't think it's about Portugal and that your hubbie has a tanned skin, it is that "we treat everyone the same". At some point that doesn't make any sense. Like they test us for TB: in the USA people suffer from that, a lot, in Europe way less. So I should be rather protected from Americans. I mean it all doesn't make any sense. I think the whole process was set up especially complicated to scare off the wrong people, but they, let's say, over-achieved their target.

Good luck and keep us posted if they accept the evidence of intent of leaving the country....

Anna

[sheraz 0]

PS It’s funny how based on your husbands background, ‘developed’ and ‘progressive’ western countries like the UK, Canada, Australia are begging for good hard working, educated people to further enhance the country. Whereas US immigration is still stuck in the 80’s where they don’t even factor a persons background..

Immigration is irrespective of country of origin. US is superior to the rest of the world as it does not discriminate people based on their national origin.

It is unfortunate that peoples life depends on the mood of the immigration interviewer. I hope things work out for you

[Heracles 417]

Sorry she put you through the wringer, too. I wonder if anyone here had a GOOD experience with that one. I mean, I try to be patient and I try (though it's hard) to understand that other people have bad days or personal problems and I don't expect people to be perfect. But when you're in a position where you have that kind of power over other people's lives, handle yourself professionally and don't behave like a bully. What kind of introduction is this to our country for people who want to live here? Besides the fact that this whole process is stressful enough if everyone does what they should do, I really resent feeling like I have to watch my every word and every move for fear I'll irritate someone who has too much power and a bad attitude.

You read my mind. Hey, we all have bad days but I don't go taking it out on others, especially if I am in a position to mess with somebody's life. I have always liked the US but I came here for love. And yes, my introduction of dealing with the US has now been seriously damaged because I have been kicked while I am down.

Do officials like her seriously think that after such an experience people can turn around and love this country..

If they are afraid that people are here just to become an American, give me a piece of paper and i'll sign it now that I waive any rights to ever become a citizen and reap the little, if any, benefits Americans get..

[Trompe le Monde 1,107]

Infidel, I would be very curious to hear what kind of letter you get -- i notice your interview was only yesterday -- we got "I will mail you a decision" and got a leter a few days saying "an additional review of your case is required" -- no mention of FBI checks at interview or in the letter so I assume they are complete. I can't even make an inquiry for 6 months -- though I have booked an infopass appointment which will probably be a waste of my time

my husband didn't even want to come here -- he only came for me. I have no hesitation to go back there

If the US is swamped by illegal immigrants from the third world, it's because the procedures and department that controls it is straight from the third world itself. and these people are resonsible for our national security, what a joke.

[Leasel7 1]

EvilPenguin and Infidel, sorry to hear about your bad experience with the Norfolk District Office. I live in the Norfolk area, and had my case not been transferred to CSC, my very tanned husband from a third world country and I could very easily have been faced with the same nasty immigration officer. I shudder to think what that experience would have been like. We have a bit of an age difference too -- I'm sure she would've been all over that.

If the US is swamped by illegal immigrants from the third world, it's because the procedures and department that controls it is straight from the third world itself. and these people are resonsible for our national security, what a joke.

The US is being swamped by illegal immigrants from the third world largely because no meaningful attempt is being made to curb the flood of invaders crossing the Mexican border. Instead, the US government is currying favor with Mexican president Vicente Fox, seemingly oblivious that the Mexican government encourages its citizens to illegally enter the US and even issued a comic book showing intending illegals how to safely get accross the border. And on top of that there's talk of amnesty for the millions of illegals who are already here. As a US citizen it infuriates me that the government ignores this problem while focusing so much attention on UK citizens, Europeans, and Australians who are going through marriage-based adjustment of status. It just defies logic. Ironically my husband -- who IS from a third world country -- had his adjustment of status approved in two months and without an interview. The immigration system in this country needs to be revamped, big time.