Big red flag?

[Pupsik 4]

just received notification that I am being sent a second RFE for the 485. is that normal? they dont tell you all the missing information at once?

[JimVaPhuong 4,863]

just received notification that I am being sent a second RFE for the 485. is that normal? they dont tell you all the missing information at once?

Either they missed something the first time around, or this RFE is because the response to the first RFE wasn't adequate. Consider yourself fortunate, in either case. They often don't send a second RFE, and just deny instead.

[VanessaTony 3,567]

Either they missed something the first time around, or this RFE is because the response to the first RFE wasn't adequate. Consider yourself fortunate, in either case. They often don't send a second RFE, and just deny instead.

I'm gunna disagree with you here Jim. It's highly unlikely this is for the same issue (someone was just denied recently because they didn't reply correctly to an I-864 RFE). I know several people who were RFE'd for I-864 then for missing medical (usually that medical issue is a k1 visa drama). In the OP's case I'm wondering whether this RFE will be one of those ones we've seen before where it's ridiculously long and asking for evidence of relationship.

[VanessaTony 3,567]

Yes. As others have pointed out, the spouse of an LPR has to wait for a visa number to become available before they can adjust status. That would currently take about three years. However, that wouldn't eliminate any suspicion that she married him to get a green card. You said he tried to become a US citizen before, but failed - he could have told her he was going to become a USC soon. He also concealed the fact that he had children from a previous relationship - two strikes against him on the I-864. He also hadn't paid his taxes - another big strike on the I-864.

Do you see where I'm going with this? These are circumstances that, once discovered, make him much less likely as a candidate to help someone get a green card by marriage. But she didn't know this stuff when she married him.

As I said before, because the relationship was relatively short, and the marriage was very short, an immigration officer could conclude that she bailed out on the marriage as soon as she realized she wasn't going to get a green card through him anytime soon. She married you, a US citizen, very soon after her divorce was final. The timeline and circumstances probably will look suspicious to an IO.

I'm really not sure how you could prove the first marriage was not an aborted attempt to evade immigration law, especially since her previous husband won't cooperate with her. If the IO calls her previous husband and he even insinuates that she married him for a green card then she's toast.

Completely agree. It looks like she stayed married to her ex and stayed with him in the hopes he'd become a USC and she could get a GC through him, then she started seeing the OP (possibly behind the ex's back, unless there's proof she didn't) and once she found the OP would petition for her instead (had him enamoured with her enough that he'd overlook that she's married, would wait for her to divorce and then marry her) she got a divorce, married the OP and had him file AOS for her.

Hopefully there's enough relationship evidence, and proof of abuse from the prior marriage that it looks less suspicious.

[ceadsearc 516]

I was under the impression that usually only one RFE would be issued in most cases, but if I recall correctly the OP's first RFE was for not signing a line on the form or something similar, so I would wonder if perhaps the lack of signature was caught on first glance and until that was corrected, nothing else was even reviewed - hence a secondary RFE.

[Pupsik 4]

well havent received the RFE in the mail yet but today we got our interview notice. Could this be all they sent?

[Pupsik 4]

also now i look online and there is no mention of a second RFE. they must have deleted it??? maybe it was just a glitch letting me know that they sent the interview notice???

[Pupsik 4]

the interview letter is addressed to my wife and it says under the instructions:

Who should come with you?

If your eligibility is based on your marriage, your husband or wife must come with you to the interview

does this indicate anything towards a stokes??

Edited October 18, 2011 by Pupsik

[Little_My 464]

Both spouses have to always come to an AOS interview together. That is standard and same for all couples.

[ceadsearc 516]

As Little_My said, both parties are always present. If you get a second letter down the road for another interview requesting both parties present, that would indicate a Stokes interview.

[JimVaPhuong 4,863]

the interview letter is addressed to my wife and it says under the instructions:

Who should come with you?

If your eligibility is based on your marriage, your husband or wife must come with you to the interview

does this indicate anything towards a stokes??

No. People adjusting status based on marriage to a USC are always scheduled for an interview (K visa applicants are an exception), and both spouses must always attend the interview. This doesn't mean you won't have a Stokes interview. The letter isn't giving any clues either way.

Now, if you'd already had an interview and received a letter to submit new evidence or attend another interview, and that letter required both of you to attend, then there's a pretty good chance there will be a Stokes interview.

[SaraDee 9]

my thoughts to you is to be relaxed. The worst thing you can do is look nervous in front of the OP. Go into detail about the current marriage and be honest about the 1st marriage. Just be adamant that this current marriage is real. Don't get angry and never loose your cool. I think you'll be fine. Please let us know what happens with the interview!!

[Pupsik 4]

just had another glitch with the system i think. I was notified about the EAD card production on 10-14 via email and text. Last night 10-19 i was sent the same information again and now the online status shows that as of the 19th the EAD card was ordered.

Stupid technology...

[ceadsearc 516]

That's normal, card production notices often come multiple times. Should be there soon.