Please give me advice :)

[BrightandLight 1]

Hi, I am the Lithuania Citizen 21 year old White, my husband is US citizen 40 year old Chinese/Vietnamese.I am Catholic , he is Christian. We have our interview in May and would like to know if we have some red flags and how to go through them. Here is our story:

-October 2009: I met my current husband.

-October 11 2009: my visa exparied (try to extend it , but it was unsuccessful ,they send me the letter mid December).

-November 2009: Become his girlfriend.

-February 2010: We decided to get married.

-Mid January 2011: We filed for AOS ( since he didn't filed taxes in his life, we had co-sponsor)

- February 2011: YAP!!! Celebrate Our First anniversary.

- March 11 2011: Got EAD card, unfortunatly, they did error on the card, can not apply for SS. Can not get the job in US to show that I can support myself. EAD card send for renew.

- April 2011: Husband star to work as self employed and file taxes.

- May 2011: Interview is coming.

We have joint apartment lease that we already living more that a year together, utility bills, car insurance, joint account,joint car ownership,Greeeting card,reward cards,join UPS mail box lease,letter from Pastor that he knows as a couple, as well we went to see few times marriage counselor , because we argue a lot.

My concern is that we have huge age diferrence, co-sponsor for affidavit of support , becouse he didn't filied taxes for more than 10 years, as well I try to extend my visa but they didn't let me. After that I got married with him.

This marriage is in good faith and we want to be together.

What should I expect from the interview?

Thanks for your help!

If you need any additional information, just let me know.

[Casprd 167]

I would expect to have questions on those very things you mention. Especially the age difference and that you started dating within a few weeks of being denied the visa extension. Both of you need to be over prepared and make sure your answers will match. It is a stressful situation, but try to stay calm and confident in the interview. They may try to trip you up so be careful, but know the answers that are relevent to your life with your husband. If you are hesitant or are slow in answering they may read this as you are trying to keep your story straight.

Good Luck.

Edited April 22, 2011 by Casprd

[JimVaPhuong 4,863]

Hi, I am the Lithuania Citizen 21 year old White, my husband is US citizen 40 year old Chinese/Vietnamese.I am Catholic , he is Christian. We have our interview in May and would like to know if we have some red flags and how to go through them. Here is our story:

-October 2009: I met my current husband.

-October 11 2009: my visa exparied (try to extend it , but it was unsuccessful ,they send me the letter mid December).

-November 2009: Become his girlfriend.

-February 2010: We decided to get married.

-Mid January 2011: We filed for AOS ( since he didn't filed taxes in his life, we had co-sponsor)

- February 2011: YAP!!! Celebrate Our First anniversary.

- March 11 2011: Got EAD card, unfortunatly, they did error on the card, can not apply for SS. Can not get the job in US to show that I can support myself. EAD card send for renew.

- April 2011: Husband star to work as self employed and file taxes.

- May 2011: Interview is coming.

We have joint apartment lease that we already living more that a year together, utility bills, car insurance, joint account,joint car ownership,Greeeting card,reward cards,join UPS mail box lease,letter from Pastor that he knows as a couple, as well we went to see few times marriage counselor , because we argue a lot.

My concern is that we have huge age diferrence, co-sponsor for affidavit of support , becouse he didn't filied taxes for more than 10 years, as well I try to extend my visa but they didn't let me. After that I got married with him.

This marriage is in good faith and we want to be together.

What should I expect from the interview?

Thanks for your help!

If you need any additional information, just let me know.

You have a litany of potential problems.

He's from a completely different culture. Don't be surprised if you're interviewed by an East Asian IO.

He's old enough to be your father. An age difference is not contrary to most East Asian cultures, but this much of an age difference is very unusual.

You met just prior to your visa expiration, and the relationship became serious just after. Alarm bells going off.

You married only four months after meeting each other. Not much of a courtship. If his family wasn't very much involved in the wedding that will raise the bar of suspicion even higher.

Up until he was 40 years old, he'd never filed a tax return before. This raises the suspicion that he might be getting paid to help you. You said he didn't file taxes for 10 years. Presuming that wasn't the start of his working life, did he also immigrate to the US? Was his immigration through marriage to a US citizen? If so, I see the potential for a very difficult interview.

If I was an immigration attorney (or even if I played one on TV) I'd be recommending you prepare yourself for the strong possibility of a Stokes interview.

[BrightandLight 1]

He born in Vietnam but he grow up in US.When he was very young like 3 year old his mother send him with his brothers to US, since then he lived with many different families here.

He don't socialize with his brothers for the last 10 years since the day then his parents die.

He have never been married or has children and he is not like regular 40 year old guy, he is childish type, and looks , acts no more than 25 year old. He had so much drama in his life before.

I am working on the computer to my home country company, and getting paid.Plus I have assets, I own apartment back home. I can show that I can easily support myself.

I am so nervous. :( :(

Please help me...

[rosie's baby 5]

You will find on this forum and on the internet, tips on how to prepare for the Stokes Interview (when they split you up and ask you questions which should, hopefully, tally with each other). Start preparing now, and practice every night, on the 100 or so questions you will find on the internet, these are all questions which have been asked in the past. Just keep running through them with each other, any time you have together. Get affidavits from anybody you know who knows your genuine marriage. You will be OK if you over prepare. Good Luck.

[Anh map 2,098]

From what you describe here the interviewing officer could easily assume this is a marriage for immigration purposes only. Thus a consultation with a qualified, experienced immigration attorney would be in your best interests.

[JimVaPhuong 4,863]

He born in Vietnam but he grow up in US.When he was very young like 3 year old his mother send him with his brothers to US, since then he lived with many different families here.

He don't socialize with his brothers for the last 10 years since the day then his parents die.

He have never been married or has children and he is not like regular 40 year old guy, he is childish type, and looks , acts no more than 25 year old. He had so much drama in his life before.

I am working on the computer to my home country company, and getting paid.Plus I have assets, I own apartment back home. I can show that I can easily support myself.

I am so nervous. :( :(

Please help me...

That would mean he immigrated in the mid 1970's. Were he and his brothers "boat people"?

How is that a 40 year old guy who has lived in the US for all of his adult life has never filed a tax return until now? He's self-employed doing what, exactly? You say you are working. Any chance his self-employed work involves getting paid by you?

You say he's a "childish type", but then compare his behavior with that of a 25 year old. Aside from political opinions and hanging out night clubs, I haven't noticed a very dramatic difference in the behavior of a 40 year old and a 25 year old. Is he mentally impaired in any way?

What type of visa did you enter the US with?

[BrightandLight 1]

Yes he and his brothers are "boat people". They gain green card trough refugees.

No he is not working for me, he is self-employed and self stuff on the internet.

I came as international student with B1/B2 visa. I used to study in different country's for the last 5 year for short period of time.

That would mean he immigrated in the mid 1970's. Were he and his brothers "boat people"?

How is that a 40 year old guy who has lived in the US for all of his adult life has never filed a tax return until now? He's self-employed doing what, exactly? You say you are working. Any chance his self-employed work involves getting paid by you?

You say he's a "childish type", but then compare his behavior with that of a 25 year old. Aside from political opinions and hanging out night clubs, I haven't noticed a very dramatic difference in the behavior of a 40 year old and a 25 year old. Is he mentally impaired in any way?

What type of visa did you enter the US with?

Yes he and his brothers are "boat people". They gain green card trough refugees.

No he is not working for me, he is self-employed and self stuff on the internet.

I came as international student with B1/B2 visa. I used to study in different country's for the last 5 year for short period of time.

Edited April 23, 2011 by aidore

[JimVaPhuong 4,863]

Yes he and his brothers are "boat people". They gain green card trough refugees.

No he is not working for me, he is self-employed and self stuff on the internet.

I came as international student with B1/B2 visa. I used to study in different country's for the last 5 year for short period of time.

Ok, I was curious how he immigrated. If it had been through a family visa then it might look a bit more suspicious, but immigrating as a refugee shouldn't be cause for any additional scrutiny.

Expect the IO to want details about his business selling "stuff" on the internet.

Unless you intended to take a very short course, less than 18 hours per week, that did not result in any credits towards a degree, then a B1/B2 was not the right visa for you. It's not a student visa. B1 is for temporary business visitors, and B2 is primarily for tourists. If you go to the interview and tell the IO that you came as a student with a B2 visa then they'll know you're not being truthful. The same is true if you tell them you've been a wandering student for 5 years, and yet still maintained a job in your home country. They'll suspect you actually came with the intent to immigrate. The fact that the development of your relationship coincides exactly with the expiration of your non-immigrant visa status will only elevate this suspicion.

On top of this, you continued working for your foreign employer, and hooked up with a middle aged US citizen with essentially no employment history. The only way this would look more like you were paying him to help you immigrate is if he was homeless when you met him.

I'm not trying to be cruel or heartless. I'm just trying to look at your circumstances the way an IO is going to look at them, and there are red flags all over your case. I really think you should be prepared for a Stokes interview. You can look up Stokes interview using google, but it basically involves the IO questioning you and your husband separately and then comparing your answers. The questions can be extremely detailed, deeply personal, and the interview can last several hours in total. It's not unusual in a Stokes interview for an IO to make accusations or threats against you, such as accusing you of lying or threatening to deport you. If you and your husband don't hold up to the pressure, and give identical answers to the questions, then you will fail the interview and your green card will be denied. If they conclude that you lied to them then you'll be placed in removal proceedings for deportation, and possibly banned from returning to the US for a long time, potentially even the rest of your life.

You have some time left. I suggest you hire a very good immigration attorney and prepare for the real possibility of a Stokes interview.

[BrightandLight 1]

Ok, I was curious how he immigrated. If it had been through a family visa then it might look a bit more suspicious, but immigrating as a refugee shouldn't be cause for any additional scrutiny.

Expect the IO to want details about his business selling "stuff" on the internet.

Unless you intended to take a very short course, less than 18 hours per week, that did not result in any credits towards a degree, then a B1/B2 was not the right visa for you. It's not a student visa. B1 is for temporary business visitors, and B2 is primarily for tourists. If you go to the interview and tell the IO that you came as a student with a B2 visa then they'll know you're not being truthful. The same is true if you tell them you've been a wandering student for 5 years, and yet still maintained a job in your home country. They'll suspect you actually came with the intent to immigrate. The fact that the development of your relationship coincides exactly with the expiration of your non-immigrant visa status will only elevate this suspicion.

On top of this, you continued working for your foreign employer, and hooked up with a middle aged US citizen with essentially no employment history. The only way this would look more like you were paying him to help you immigrate is if he was homeless when you met him.

I'm not trying to be cruel or heartless. I'm just trying to look at your circumstances the way an IO is going to look at them, and there are red flags all over your case. I really think you should be prepared for a Stokes interview. You can look up Stokes interview using Google, but it basically involves the IO questioning you and your husband separately and then comparing your answers. The questions can be extremely detailed, deeply personal, and the interview can last several hours in total. It's not unusual in a Stokes interview for an IO to make accusations or threats against you, such as accusing you of lying or threatening to deport you. If you and your husband don't hold up to the pressure, and give identical answers to the questions, then you will fail the interview and your green card will be denied. If they conclude that you lied to them then you'll be placed in removal proceedings for deportation, and possibly banned from returning to the US for a long time, potentially even the rest of your life.

You have some time left. I suggest you hire a very good immigration attorney and prepare for the real possibility of a Stokes interview.

He is seller on amazon.As we are looking that he will get extra job outside the house.

Yes my course in the school were just few hours per week, because of that I came on B1/B2 visa (that is what it shows on my passport). All this years then I was going to different country's to study in international language school the trip took no longer that 1 -2 month, because that time I still was in high school, and summer holidays plus once winter holiday I used to improve my skills, plus to explore different country's.I have letters and certificates from the schools witch I had attend before as a proof.I start to work just only the last year of my high school, and during the summer, then I finish my high school and got 1 month holidays from the work I came here. Plus I have the letter from my ex-university, that I was going to attend after I came back from US,that it will be in October.

Plus since I came here, I work just very little, most of the money I get from my country employer, because they are renting some staff from me, and that show on the papers.

Edited April 24, 2011 by aidore

[BrightandLight 1]

I was thinking maybe it will be better if I will withdraw my petition right know... and apply after few month or so... When my husband will have even a little bit work experience to show, that he can support me.

I got my EAD card and last Friday apply for SS card, I can find the job here to show as well that I can support my self, or him if needed.

What the officer will think if I will withdraw my petition and after couple month apply again?

[Myopia 93]

I was thinking maybe it will be better if I will withdraw my petition right know... and apply after few month or so... When my husband will have even a little bit work experience to show, that he can support me.

I got my EAD card and last Friday apply for SS card, I can find the job here to show as well that I can support my self, or him if needed.

What the officer will think if I will withdraw my petition and after couple month apply again?

If you withdraw your petition(rather your husband does) then your EAD will no longer be valid.

[Anh map 2,098]

I was thinking maybe it will be better if I will withdraw my petition right know... and apply after few month or so... When my husband will have even a little bit work experience to show, that he can support me.

I got my EAD card and last Friday apply for SS card, I can find the job here to show as well that I can support my self, or him if needed.

What the officer will think if I will withdraw my petition and after couple month apply again?

The same circumstances apply if you withdraw and apply later. The same red flags will appear. You cannot change the past.

[BrightandLight 1]

The same circumstances apply if you withdraw and apply later. The same red flags will appear. You cannot change the past.

I know that I can not change the past.Of course.

But I will have time to fine the job, show them even more that I can easily support myself.

And my husband can have same work history.You know...

I have a lawyer , but right now I realize that she is terrible...(or not strong enough for my case) . She knows all the story, and she say that everything will be OK... your marriage is real.She did some mistakes on the forms and a lot .... and I got frustrate.

I am looking right know for new lawyer. :unsure:

[BrightandLight 1]

I know that I can not change the past.Of course.

But I will have time to fine the job, show them even more that I can easily support myself.

And my husband can have same work history.You know...

I have a lawyer , but right now I realize that she is terrible...(or not strong enough for my case) . She knows all the story, and she say that everything will be OK... your marriage is real.She did some mistakes on the forms and a lot .... and I got frustrate.

I am looking right know for new lawyer. :unsure:

How about reschedule appointment?

I hear that is extremely bad thing...