Please Advise ..... We are unable to sleep ....Our AOS interview messed up

[worrieddoc 2]

From this: "I was so blank i could not remember how many times. she said what you did together . I was sweeting i said movies etc. My wife said I never met with them she forget/ went blank due to pressure. reality is that I meet once and it was not a long meeting"

You told the IO that you had gone to the movies with the kids - but it sounds like you didn't. Instead, you only met them briefly. Perhaps I am misunderstanding you and you meant that going to the movies was the brief meeting?

Is it possible that a language barrier contributed to this dilemma? If so, I would hope that USCIS applies a bit of leniency.

I wish they apply some leniency. I was reading some where misrepresentation should be material, Intentional and it should result in benefits.

In our case, This is not misrepresentation ( Confusion/Forget ), it is not intentional, and third it can not effect the decision as there are many couples in which step father never met with kids. which does not mean marriage is not bona-fide.

Personally my husband has never met my oldest daughter (she was already away in college when he arrived here) and can't correctly pronounce my second daughter's name (it is Cindy and he calls her Sidney) but this wouldn't be enough to deny AOS, sometimes we just make mistakes or forget things.

Now from my research I know that the stroke interview was done because of these reasons

we are from different race,

my country of origin

her first marriage.

Edited April 12, 2011 by worrieddoc

[Dakine10 5,452]

I wish they apply some leniency. I was reading some where misrepresentation should be material, Intentional and it should result in benefits.

In our case, This is not misrepresentation ( Confusion/Forget ), it is not intentional, and third it can not effect the decision as there are many couples in which step father never met with kids. which does not mean marriage is not bona-fide.

Did you actually go to the movies with the kids and your wife forgot, or did you give the details wrong. This could be a very important distinction if you have to appeal.

Now from my research I know that the stroke interview was done because of these reasons

we are from different race,

my country of origin

her first marriage.

It would not have been done for only those reasons. My wife is a naturalized USC. Her ex husband married a second time to somone from another country without even the slightest problem. These are reasons for the interviewer to be suspicious, not to move to immediately to a Stokes.

Something you said made the interviewer feel the need to ask separate you for questioning, or someone tipped them off about something. If her relationship with her ex husband is not good, don't discount that possibility.

Either way, the Stokes interview is not the problem, it is the inconsistencies in your answer(s). You will need to be able to address that and you will need a competent attorney to help you.

[Dakine10 5,452]

Can any one advice me how to find competent attorney? we looked the add on yellow pages and went to her. Now how to find right attorney?

I would start a new topic with the title how to find an attorney. I would guess the majority of people on this site have not used an attorney, but for those that have, it would be easier to see as a new topic. You should probably fill in or post your location.

Otherwise, I would use a search engine rather than the yellow pages. Search for an attorney who has experience with Stokes interview denials and appeals and also defending removal proceedings. If you're not sure, post the link to the attorney's website and ask for opinions here. It may help determine if the attorney is offering generic information or has actual experience in these cases.

[JimVaPhuong 4,863]

I wish they apply some leniency. I was reading some where misrepresentation should be material, Intentional and it should result in benefits.

In our case, This is not misrepresentation ( Confusion/Forget ), it is not intentional, and third it can not effect the decision as there are many couples in which step father never met with kids. which does not mean marriage is not bona-fide.

It's a misrepresentation if the information you provided was false. It's material if truthful information could have changed the outcome. In a Stokes interview, the intention is to find out if both spouses provide the same answers to the same basic questions. Not providing the same answers will definitely affect the outcome, so ANY answer given in a Stokes interview is material.

Now from my research I know that the stroke interview was done because of these reasons

we are from different race,

my country of origin

her first marriage.

No to the first two points. Many couples on this forum are a different race and from a different country than their spouses, and few have to go through a Stokes interview. Her first marriage is the one factor that stands out. Whenever a US citizen has a second or subsequent marriage to an immigrant then they go back and look at the previous marriage to see if there were any signs of fraud. If they find any then the second marriage is going to be very closely scrutinized. I am 99% certain this is what happened in your case.

[cookieandcream 10]

I think you need to stop calling your old attorney, and start working on finding a new one. I would also relax on presenting yourself as a doctor all the time because it really doesn't change much about your situation.

Also listen to JimVaPhuong as his answers are always amazing.

From the way you explain your situation I smell something fishy and you can be honest here, we don't know who you are but can't really help you otherwise.

What brought you here? you re in your 30's don't you want to work? why didn't you stay in your home country? why did you pic the Us? how are you providing for yourself and how were you before meeting your wife?

[Myopia 93]

I think you need to stop calling your old attorney, and start working on finding a new one. I would also relax on presenting yourself as a doctor all the time because it really doesn't change much about your situation.

Also listen to JimVaPhuong as his answers are always amazing.

From the way you explain your situation I smell something fishy and you can be honest here, we don't know who you are but can't really help you otherwise.

What brought you here? you re in your 30's don't you want to work? why didn't you stay in your home country? why did you pic the Us? how are you providing for yourself and how were you before meeting your wife?

I know there are a lot of pages in this thread but if you start from the beginning, you will find the answers.

He is a doctor by profession.

[cookieandcream 10]

I already read the 7 pages, He described the facts, but doen't not explain everything, I just find it a little strange you would know your wife's children so I am trying to understand him better.

[Myopia 93]

I already read the 7 pages, He described the facts, but doen't not explain everything, I just find it a little strange you would know your wife's children so I am trying to understand him better.

Your questions were answered within the thread and take common sense.

What brought you here?

The same thing that brings most immigrants to the US--opportunity

you re in your 30's don't you want to work?

Obviously which is why he is trying to adjust his status

why didn't you stay in your home country?

For the same answer to your first question

why did you pic the Us?

For the same answer to your first question.

how are you providing for yourself and how were you before meeting your wife?

Within the thread.

[cookieandcream 10]

Myopia if we wants to answer me he can, and if he doesn't he can as well, if my post bothers you, you don't have to read it

I am sorry but for a doctor the united states is not the easiest country to immigrate to, where are other countries who are a little bit more opened, and with amazing programs as well.

I get the home country is not safe but obviously he must have some ties,

Med school is not cheap so it's a risky decision to pick the united states, I am just trying to get more info that could make us understand the red flag other than a tip and a few answers that didn't match,

[worrieddoc 2]

Myopia if we wants to answer me he can, and if he doesn't he can as well, if my post bothers you, you don't have to read it

I am sorry but for a doctor the united states is not the easiest country to immigrate to, where are other countries who are a little bit more opened, and with amazing programs as well.

I get the home country is not safe but obviously he must have some ties,

Med school is not cheap so it's a risky decision to pick the united states, I am just trying to get more info that could make us understand the red flag other than a tip and a few answers that didn't match,

I am meeting with different attorneys now a days so I was not reading the forum.

I came in US to do specialization in pediatric medicine as US medical education is the best. I have already completed the Med school (MBBS equiv to MD) so I don't need to go back to school. During specialization/Residency students are paid 40-50k/year and it takes 4-7 years.

As you know getting residency/match is quite competitive so I was completing Masters in clinical research along with completing licence exams (USMLE). When I came in US I did not have any intention to immigrate in US.

I love US but we will prefer to live together even in my home country.

Currently I am concerned as my wife is white American it will be very difficult for me and my family in home country to keep her safe.

2ndly I want to complete the residency as without it I am just a general doc and long legal battle can effect my ability to compete the residency.

Now a days i even regret why I applied for AOS as my current non immigrant visa and EAD was valid for years and I could complete my residency and stay in US until my country situation becomes good.

Edited April 17, 2011 by worrieddoc

[Myopia 93]

Myopia if we wants to answer me he can, and if he doesn't he can as well, if my post bothers you, you don't have to read it

I am sorry but for a doctor the united states is not the easiest country to immigrate to, where are other countries who are a little bit more opened, and with amazing programs as well.

I get the home country is not safe but obviously he must have some ties,

Med school is not cheap so it's a risky decision to pick the united states, I am just trying to get more info that could make us understand the red flag other than a tip and a few answers that didn't match,

Cookies. I know so many foreign doctors (literally) that choose the USA and UK as a place to practice medicine that I guess I assumed that most people knew that these two countries are the top 2 choices when a Doctor wants to immigrate or specialize. They get paid much more money than in their home countries and education wise is considered the best.

Your post did not bother me in the least, I hope his answers gave you the clarity that would enable you to help him more.

Edited April 17, 2011 by Myopia

[cookieandcream 10]

It totally makes sense now ( to me ) and I guess there was never a rush to go through AOS right now, I think you could use this in your advantage, say that if it wasn't sincere you didn't need to go though this.

[worrieddoc 2]

It totally makes sense now ( to me ) and I guess there was never a rush to go through AOS right now, I think you could use this in your advantage, say that if it wasn't sincere you didn't need to go though this.

you are right, I will present it as my advantage point.

Now it is skill of attorney how he takes the case, thats why I am trying hard to find the best one but we don't have a lot money. anyways lets see what USCIS send in letter.

every body I really appreciate for your feedback and advice. I wished I had visited this forum before interview, things could be very different.

I am collecting evidences now a days. Some of member advised me regarding that If some one come with new idea about any evidence please share.

[cookieandcream 10]

may be get to know your kids and get your stories straight,

Before the interview I reviewed our timeline with my husband and I was horrified when I realized he would get all the dates wrong,

[worrieddoc 2]

Update..

we received Notice of Intent to deny (NOID)on April 25 which USCIS listed almost 5 discrepancies as a reason and told us to send us response which could overcome the facts. Discrepancies included two discrepancies regarding children issue which attorney told us are significant. One I have told right date of births but i have told them age are 11 and 14 while true ages are 13 and 14. second I my wife said I did not meet while I said I met .

In affidavit My wife had explained that It was a small meeting and it was more than year ago so she forget and since they are not living with us so we never thought that kids have anything to do with our new life and its issues. any ways. We send affidavit to them with a lot of new evidences. We have explained the reason for rest of discrepancies as well with pictures and letter. Our attorney told us to fill for hardship letter as well as precaution which cost us 587$

we have included following new evidances

---facebook chat of my wife and my brother almost 100 pages from last year

---One year call records of me and my wife and I have high lighted our call to each other which is every day

---affidavit from my family , her coworkers and her family (6)

---black and white prints of our pictures ( she upload them on her Facebook so actually face book pages, they have upload date as well camera date and comments from friends in old dates) almost 100 In our first application our attorney had added 2 pics only so ..

---copies of our cards

---bank statements of our bank account

---our e-cards to each other

---Our facebook pages and history of wall

---Call records of My dad phone from my home country shows he call her

---e-mail corresponds of my sister and my wife from last year

---gift cards and receipts of international gift used by wife to send cakes or cards to my brother last year date

---some junk mail etc

my attorney says she is very hopeful but i am worried still.

I want to prepare for worst while hoping for best

????please any body knows what if they deny the case what are my options if they stat that we have not overcome the discrepancies??????