adjustment of status interview

[anneanne 0]

good day eveyone!! i have a pending case about my adjustment of status..we had testing and interview last march 24,2011..we had some inconsistencies in some of our statement during the interview and we dont have any evidence showing we had a strong marriage bond..after the interviewer asked me some questions she talked to my husband alone...and she said that she cannot approved my green card now... what does that mean?...she gave my husband two options to buy me a ticket going home and widraw the petition or continue it and i will appear to judge and be deported...she also told my husband that if i will get my green card that i will leave him bcoz there are so many cases like that...after that interview my husband treats me different...we had a fight the next day and he said he been thinking about it and offer me to buy me a ticket and go back home....i want to know what will happen if i accept his offer? i dont have freinds here to help me...what if i go back home and he did not divorce me?...is he still my husband? what rights do ihave if we get divorced?..i want to know my rights as his wife? what will i get? i dont have any money or savings....i dont know what to do...please can somebody lighten me up....or if i get deported and we are not divorce what rights do i have as his wife? one of the inconsistecy is that i said that my sister is taking care of my son and my husband said that the father of my son is taking care of him....oh the interviewer also said that she put me on the red flag? what does it mean?...please help me...

[Penguin_ie 5,996]

***** Moving from K1 to Effects of Major Changes... forum as OP is asking about going home *****

[belinda63 3,041]

I can't speak towards the interview or the results but have you received a letter denying your AOS?

If you return home you will still be legally married to your husband. Whether you live in the same country or not, until a divorce is obtained you are married. As to your rights as his wife pretty much there are none. If you divorce you may be entitled to some things but if the marriage was less than many years long (I'm guessing you have been married less than one year), you would probably only be awarded what you brought into the marriage.

[JimVaPhuong 4,863]

good day eveyone!! i have a pending case about my adjustment of status..we had testing and interview last march 24,2011..we had some inconsistencies in some of our statement during the interview and we dont have any evidence showing we had a strong marriage bond..after the interviewer asked me some questions she talked to my husband alone...and she said that she cannot approved my green card now... what does that mean?...she gave my husband two options to buy me a ticket going home and widraw the petition or continue it and i will appear to judge and be deported...she also told my husband that if i will get my green card that i will leave him bcoz there are so many cases like that...after that interview my husband treats me different...we had a fight the next day and he said he been thinking about it and offer me to buy me a ticket and go back home....i want to know what will happen if i accept his offer? i dont have freinds here to help me...what if i go back home and he did not divorce me?...is he still my husband? what rights do ihave if we get divorced?..i want to know my rights as his wife? what will i get? i dont have any money or savings....i dont know what to do...please can somebody lighten me up....or if i get deported and we are not divorce what rights do i have as his wife? one of the inconsistecy is that i said that my sister is taking care of my son and my husband said that the father of my son is taking care of him....oh the interviewer also said that she put me on the red flag? what does it mean?...please help me...

The immigration officer has concluded that your marriage is a sham for the purpose of evading immigration law. The IO is giving you an opportunity to withdraw your AOS application and go home. If you don't withdraw the application then they are going to enter a P6C finding against you, which means immigration fraud, and they're going to deport you. My guess would be that they also threatened to charge your husband with immigration fraud. If convicted, he could go to jail. His change of attitude is probably because he didn't realize before that helping you get a green card might get him into trouble.

If you were legally married then you remain legally married until you get divorced. The IO's decision doesn't change that. You may be able to get spousal support from your husband, but you must go to a family court and get a judge to order it. In many states, a judge won't order spousal support if the marriage is of a short duration - 2 years in some cases, 5 years in others. It depends on the laws of the state in which you live.

What country are you from?

[anneanne 0]

thanks for all the reply....im living right now in colorado...what is the best thing to do? to divorce first before i go back home...we are just 5 months married....we are having problems now, misunderstanding and miscommuniction that started after the interview....it is hurting me so much coz i did not ever think that i will go through this....i did not recieve yet any letter that my aos is denied...but when my husband told me what the interviewer told him...it seems im denied...also what if we reconcile and planned to continue this...do i have a chance that my aos will be approved or still i will be deported?..there is really no problem with me to continue this marriage because i dont want be have a broken marriage but its causing me somuch pain right now....

[JimVaPhuong 4,863]

thanks for all the reply....im living right now in colorado...what is the best thing to do? to divorce first before i go back home...we are just 5 months married....we are having problems now, misunderstanding and miscommuniction that started after the interview....it is hurting me so much coz i did not ever think that i will go through this....i did not recieve yet any letter that my aos is denied...but when my husband told me what the interviewer told him...it seems im denied...also what if we reconcile and planned to continue this...do i have a chance that my aos will be approved or still i will be deported?..there is really no problem with me to continue this marriage because i dont want be have a broken marriage but its causing me somuch pain right now....

Interesting. So the IO told your husband that he should either buy you a ticket home or withdraw the petition, but the IO didn't say these things to you? Sorry, I take back what I said before. I thought the IO said these things so both of you could hear them.

Did you get a paper from the IO at the end of the interview? If so, what did it say.

[anneanne 0]

Interesting. So the IO told your husband that he should either buy you a ticket home or withdraw the petition, but the IO didn't say these things to you? Sorry, I take back what I said before. I thought the IO said these things so both of you could hear them.

Did you get a paper from the IO at the end of the interview? If so, what did it say.

yes she didnt say anything to me...she just asked me couple of questions and then she talked to my husband alone....i didnt get any paper after the interview...all i know is what my husband told me....after my husband talked to her he said that they will just send letter in a couple of weeks..so right now im waiting...but all the things my husband told me sounds like im denied...

[anneanne 0]

yes she didnt say anything to me...she just asked me couple of questions and then she talked to my husband alone....i didnt get any paper after the interview...all i know is what my husband told me....after my husband talked to her he said that they will just send letter in a couple of weeks..so right now im waiting...but all the things my husband told me sounds like im denied...

and for my husband to come up with the desicion that he will just buy me a ticket to go home..it hurts me.....i dont know what will happen if i accept it.???...she also told my husband that if ever i will get my green card now ..i will leave him and get another man....so she said she cant approve me right now and thats the option she is giving to my husband....

[anneanne 0]

and also my husband said that she mention that she is the only one who will decide on this my case....so its sounds like its hopeless...if she already decided to not approve it.....

[CQ & CS 2]

What questions did the IO ask you that raise the red flag?

[anneanne 0]

What questions did the IO ask you that raise the red flag?

she asked me who is taking care of my son... i said my sister but when she asked my husband he answered his father....i dont know maybe that one....i said my sister because we are sending my sons support to my sister and she takes care of all of his needs....but my son is living with his father...and we dont have any evidence of strong marriage..like joints accounts..me in the insurance...nothing at all...maybe that too.....and my husband is laid off but he is coming back to work this april ...the interviewer said he will be having problem in the affidavit of support...thats all when we were interviewed together ...but i dont know all because she talked to my husband alone...im not sure if he already told me everything...

[rheanick 42]

she asked me who is taking care of my son... i said my sister but when she asked my husband he answered his father....i dont know maybe that one....i said my sister because we are sending my sons support to my sister and she takes care of all of his needs....but my son is living with his father...and we dont have any evidence of strong marriage..like joints accounts..me in the insurance...nothing at all...maybe that too.....and my husband is laid off but he is coming back to work this april ...the interviewer said he will be having problem in the affidavit of support...thats all when we were interviewed together ...but i dont know all because she talked to my husband alone...im not sure if he already told me everything...

Read your state law. Also, ask your USC husband to file for divorce. Basic question, Why would you support all your son's needs when he is staying with his father? And there is no strong financial ties between you and your USC husband. Your case is a red flag.

[JimVaPhuong 4,863]

yes she didnt say anything to me...she just asked me couple of questions and then she talked to my husband alone....i didnt get any paper after the interview...all i know is what my husband told me....after my husband talked to her he said that they will just send letter in a couple of weeks..so right now im waiting...but all the things my husband told me sounds like im denied...

Wait for the letter before you make any decision. Since the IO didn't make these statements to both of you then you don't know if these were idle threats intended to shake up your husband and get him to admit something, or if what the IO told your husband is what she really intends to do.

What sort of visa did you enter the US with, and again, what country are you from?

[Haarp425 26]

she asked me who is taking care of my son... i said my sister but when she asked my husband he answered his father....i dont know maybe that one....i said my sister because we are sending my sons support to my sister and she takes care of all of his needs....but my son is living with his father...and we dont have any evidence of strong marriage..like joints accounts..me in the insurance...nothing at all...maybe that too.....and my husband is laid off but he is coming back to work this april ...the interviewer said he will be having problem in the affidavit of support...thats all when we were interviewed together ...but i dont know all because she talked to my husband alone...im not sure if he already told me everything...

Why didn't you have joint statements like bank accounts, car insurance, apartment lease agreement or mortgage statement showing both your names? You need to prepare for those documents as you may have to appeal the possible denial decision.

You should have clarified when asked about "who takes care of your child". I think the situation is like this "The child's father is taking care of the child but you don't trust the father of your child regarding money matters". You should have explained why you send the money to your sister so your sister can control how the money is spend and spend only to the child because your are afraid that the father might spend all the money for himself and not the child.

Anyway, you may have chance to explain and bring documents regarding your marriage that during your appeal.

According to USCIS http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2da73a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=2da73a4107083210VgnVCM100000082ca60aRCRD

Appeal a Denial

If your application for adjustment of status is denied, your decision notice will let you know your appeal rights. Not every decision can be appealed. Generally, if your decision can be appealed, you must file the appeal within 30 days of the service of the decision. You may also be able to file a Motion to Reopen or Reconsider. Both appeals and motions are filed on Form I-290B, Notice of Appeal or Motion.

Also, if your application to AOS to permanent residence is denied, you will receive a letter that will tell you why the application was denied. If you are not in a current, legal status, the process to remove you from the country will begin as soon as your application is denied. You will be allowed to have an immigration judge review the denial of your application during removal proceedings. During this review, Immigration must prove that the facts on your application were untruthful and that your application was properly denied. If the immigration judge decides to remove you from the country, you may appeal this decision. Generally, you may appeal within 33 days after the immigration judge decides to remove you from the country. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C. You may need the Form EOIR-29. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3a900a9de954d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

So, wait for any letter from the USCIS and go from there. If I were you, I would get an experienced immigration lawyer to come with you during your appeal be at local USCIS office or before an Immigration Judge.

[Canadian in GA 34]

all i can think of about your story is that he wants out, and he either told the interviewer- or failed it on purpose, and he is just telling you these things.

the interviewer would have told you personally if you were denied as you are the person applying.