second (green card) interview

[ngant17 1]

My wife and I are still waiting for her permanent residence (green card) status. We were officially married in May 2010, we went to the I-485 interview in Jan. 2011, and now the word I'm getting is that we have to go back again for a 2nd interview. This is getting a little tiresome.

I don't know why there is so much delay, our marriage is legit, although employment and economic circumstances have dictated that we both work in different cities at this time. This is not a problem, we see each other on days off, I pay some of her bills (car insurance, health insurance, ect). I don't believe my wife wants to divorce me for any reason as I am respectful of our situation and she trusts me to

be faithful, too.

Are 2nd interviews a normal process or has USCIS just decided to single us out and waste their time investigating a legitimate marriage? We've already answered all the questions in the first interview.

I'm sure there is fraud in immigration but we aren't worried because we aren't the ones doing any of that. It's just an extra hassle that we don't need.

Visa journey it is, but no one said it would take us this long to get to a green card!

[AMP 54]

I think it's because you guys live in different cities, and not together. That is a big red flag.

[KayDeeCee 4,893]

If you have been called for a 2nd interview, you should research and be prepared for a Stokes interview. USCIS suspects something is not right with your relationship, or they wouldn't have had you wait so long after your 1st interview and then call you for 2nd one.

[TBoneTX 45,309]

If you have been called for a 2nd interview, you should research and be prepared for a Stokes interview. USCIS suspects something is not right with your relationship, or they wouldn't have had you wait so long after your 1st interview and then call you for 2nd one.

This is correct, and second interviews for AOS are extremely uncommon. Beware and prepare.

[thelastpetitioner 218]

this is not a fiancee visa matter anyways,can one of the mods move this?

[ngant17 1]

Actually I think the whole thing has been politically motivated.

The CIS interviewer in the first interview in Jan. 2011, we were fairly sure he was a 2nd or 3rd generation Cuban-American, he was a younger man, spoke Spanish fluently and my wife has a good sense of the nuances of Cuban dialect and words which are used more by Cubans. My wife is not hostile to the island government (nor am I), although she is critical of some of its legal policies (i.e., delaying her exit visa for 5 years due to the law on emigration of certain job skills).

As for the "Stokes interview", we were questioned at length separately on the first interview. And whatever he said in Spanish to Vilma, it made her very mad! I never asked her all the details of that. But I also resented his questioning my politics when he interviewed me separately, as this had nothing to do with determining evidence of a bona fide marriage to a foreigner. I suppose he wanted me to be an enemy of his country(Cuba). I'm sure that would have made an automatic approval!

Obvious to me, the CIS guy was a Cuban-American Republican who decided to inject his political views into the process. Lack of professionalism here. Contacting my local (Dem.) Senator has pushed the CIS into quicker action for the 2nd interview, although 'quicker' is not exactly the best word I could use.

I'd hate to throw money on a lawyer for something like this. It's clear to me that this is not about immigration fraud, as we have nothing to hide and the CIS would have to manufacture evidence to prove anything to the contrary.

If you have been called for a 2nd interview, you should research and be prepared for a Stokes interview. USCIS suspects something is not right with your relationship, or they wouldn't have had you wait so long after your 1st interview and then call you for 2nd one.

[sciencenerd 56]

It does sound like the immigration officer was unprofessional and it may have something to do with the way your case has gone. However, that is kind of irrelevant at this point. The fact that you and your wife live in different cities is going to raise the threshold of proof you need since that is an uncommon (though not unheard of) arrangement for married couples. There had to be enough of a justification to send your case to second interview independent of whatever other motivations the immigration officer had.

It would be unwise of you to just assume that because you are in a legitimate marriage, you don't have to prepare and will get approved. This is not a foolproof process - fraudulent couples get approved and legitimate couples get denied. I would personally get a lawyer at this stage to make sure I was as prepared as possible, but that's obviously not necessary. With the stakes as high as they are, however, you need to look at your case through the eyes of a neutral immigration officer. You know you're in a legitimate marriage, but they need to be convinced of that, especially given your living arrangements. When it comes down to it, you can rely on your knowledge of the legitimacy of your relationship, but that's not going to be enough to succeed in this process. They strongly suspect that your marriage is fraudulent - telling them that it's not is just not going to cut it. Good luck with your interview.

[JimVaPhuong 4,863]

Actually I think the whole thing has been politically motivated.

The CIS interviewer in the first interview in Jan. 2011, we were fairly sure he was a 2nd or 3rd generation Cuban-American, he was a younger man, spoke Spanish fluently and my wife has a good sense of the nuances of Cuban dialect and words which are used more by Cubans. My wife is not hostile to the island government (nor am I), although she is critical of some of its legal policies (i.e., delaying her exit visa for 5 years due to the law on emigration of certain job skills).

As for the "Stokes interview", we were questioned at length separately on the first interview. And whatever he said in Spanish to Vilma, it made her very mad! I never asked her all the details of that. But I also resented his questioning my politics when he interviewed me separately, as this had nothing to do with determining evidence of a bona fide marriage to a foreigner. I suppose he wanted me to be an enemy of his country(Cuba). I'm sure that would have made an automatic approval!

Obvious to me, the CIS guy was a Cuban-American Republican who decided to inject his political views into the process. Lack of professionalism here. Contacting my local (Dem.) Senator has pushed the CIS into quicker action for the 2nd interview, although 'quicker' is not exactly the best word I could use.

I'd hate to throw money on a lawyer for something like this. It's clear to me that this is not about immigration fraud, as we have nothing to hide and the CIS would have to manufacture evidence to prove anything to the contrary.

CIS doesn't have to manufacture evidence of anything. Adjustment of status is discretionary. They can deny if they don't believe the relationship is genuine.

Your wife is from a communist country, so political views can be very relevant. If they suspect you were a communist or communist sympathizer then they would suspect your wife was the same. Someone who is or was a member of the communist party is inadmissible to the United States. My wife is also from a communist country, and I've seen people from her country put through the grinder at the consulate because they had a brother or cousin who was a party member. It's very common for USCIS to assign IO's who are from the same part of the world as the beneficiary because they would understand the culture, and they would be able to "read" the beneficiary in a way that someone born in the US would not.

Try to put your emotions on the back burner while you go through this process. The IO knows he holds all the cards in this game. If they detect any attitude from you or any sense of entitlement then they'll put you through hell and ultimately deny you. You need to approach this with the attitude that you're asking the US government for a favor, and you need to convince them that you deserve to have this favor granted. If you act like you're demanding your rights (you have no rights in this situation) then they'll drop the hammer on you. Cool. Calm. Collected. Determined.

[ann and aties 9]

ngant, agree with Jim's approach to this completely. Maybe politics should have nothing to do with it, but life's not fair and the important thing for you is the result, not being right, correct?

Also, I don't know too much about it but I think it bears mentioning that your wife might want to research the Cuban Adjustment Act. I believe it allows her to adjust status completely without you if she's not a public charge. I don't know enough about it but certainly there are experts out there that are in your local area.

[SuperDuper! 230]

OP, your situation is One of the few times that I recommend getting a good immigration atty: Meaning, he has a bad tie and comb-over.

Never heard of a 2nd AOS interview. Be ready, and loaded for bear my friend. Good luck.

[ngant17 1]

Excellent diagnosis of the situation, JimVaPhuong. I believe you have hit the nail on the head, to use a common English saying.

My wife was trained as a biologist, whether PCC membership was mandatory to be a biologist, I don't think so. In any case, I have no knowledge of my wife's membership in the PCC (Cuban Communist Party) and I don't think she was ever in it. Generally speaking, PCC simply members do not emigrate to the US. And if somehow they were magically transported to the US, my guess is that they would try to find a way to get back to the island ASAP. They simply would not want to live in a capitalist country and they are perfectly happy in a socialist economy.

BTW I just read a recent article in the Miami Herald about this issue you bring up.

http://www.miamiherald.com/2011/04/23/2182407/newly-arrived-cuban-doctors-face.html

If there is a remote possibility that someone in her family (cousin, half-brother, half-sister, ect.) in Cuba may have been or may be in the PCC, that should not be her problem nor should it be my problem.

As for me, I have in the past subscribed to all sorts of left/progressive newspapers in the past, but politically I have never joined and worked for the CPUSA. Lots of Americans have done more that that, even the famous nuclear scientist Oppenheimer was associated with the CPUSA during the '50's which brought him a lot of flak from HUAC.

So I am passing your excellent suggestions onto my Cuban wife and hopefully her fiery Latin emotions will not become a problem at the next interview.

Thanks again!

CIS doesn't have to manufacture evidence of anything. Adjustment of status is discretionary. They can deny if they don't believe the relationship is genuine.

Your wife is from a communist country, so political views can be very relevant. If they suspect you were a communist or communist sympathizer then they would suspect your wife was the same. Someone who is or was a member of the communist party is inadmissible to the United States. My wife is also from a communist country, and I've seen people from her country put through the grinder at the consulate because they had a brother or cousin who was a party member. It's very common for USCIS to assign IO's who are from the same part of the world as the beneficiary because they would understand the culture, and they would be able to "read" the beneficiary in a way that someone born in the US would not.

Try to put your emotions on the back burner while you go through this process. The IO knows he holds all the cards in this game. If they detect any attitude from you or any sense of entitlement then they'll put you through hell and ultimately deny you. You need to approach this with the attitude that you're asking the US government for a favor, and you need to convince them that you deserve to have this favor granted. If you act like you're demanding your rights (you have no rights in this situation) then they'll drop the hammer on you. Cool. Calm. Collected. Determined.

[Juan & Nan 12]

My wife and I are still waiting for her permanent residence (green card) status. We were officially married in May 2010, we went to the I-485 interview in Jan. 2011, and now the word I'm getting is that we have to go back again for a 2nd interview. This is getting a little tiresome.

I don't know why there is so much delay, our marriage is legit, although employment and economic circumstances have dictated that we both work in different cities at this time. This is not a problem, we see each other on days off, I pay some of her bills (car insurance, health insurance, ect). I don't believe my wife wants to divorce me for any reason as I am respectful of our situation and she trusts me to

be faithful, too.

Are 2nd interviews a normal process or has USCIS just decided to single us out and waste their time investigating a legitimate marriage? We've already answered all the questions in the first interview.

I'm sure there is fraud in immigration but we aren't worried because we aren't the ones doing any of that. It's just an extra hassle that we don't need.

Visa journey it is, but no one said it would take us this long to get to a green card!

Second interviews are not common. I'm not saying you guys are committing fraud , but I. USCIS defense, you have to admit that married people don't often live in different cities. That is definitely a red flag and they are required to investigate it. I wish you guys good luck

[ngant17 1]

Yeah, I can read about "marriages of convenience" all over the internet – students who married a classmate whose visa is about to expire; a gay person getting hitched to a straight friend without proper immigration papers; or an immigrant who's paid a broker to arrange a marriage with an American. Getting married 20 times in five years.

OTOH INS sent terrorists their visas with letters of welcome to the US 6 months after they flew hijacked planes into the World Trade Center and the Pentagon.

Then you get of cases the foreign-born spouse using her status to milk credit cards of the victim, stealing thousands of dollars and INS can do nothing about it. INS threatens prosecution but it never happens.

Married but living in different cities, yes, it is uncommon but that is not by itself prima facie evidence of an immigration crime.

If any USCIS agent is going to charge me with a felony of marriage fraud, he/she has absolutely no evidence. Nada. It does not exist because we are in a bona-fide relationship. My documentation of a real, ongoing relationship with the same woman extends back to 2003, almost a decade. This can and has been verified in the paperwork. I have medical and auto insurance policies in our names, she is after all my dependent. Records of regular financial support for many years. Documented. Photos of us together over the years. This all is documented. Try to get a conviction on that. This wouldn't get anywhere and no one would waste their time on it.

As far as the politics goes, I would say that my wife is much closer to a rightwinger then I will ever be. A typical Cuban in Miami. Deportation would be pretty cruel, sending her back to Cuba based on flimsy, circumstantial evidence. Someone who probably would be inclined to vote for a Republican here if she had the chance. She has already officially been denounced for "abandoning the Revolution". That is what often happens to Cubans when they finally get their Cuba exit visas (carta blanca). I would hope the USCIS has better intelligence these days.

It's sad to know about all the unnecessary stress and anxiety they are creating for my wife. She is quite depressed right now, especially being separated for so long from her 2 daughters. As anyone would feel the same.

Second interviews are not common. I'm not saying you guys are committing fraud , but I. USCIS defense, you have to admit that married people don't often live in different cities. That is definitely a red flag and they are required to investigate it. I wish you guys good luck

[VanessaTony 3,567]

Yeah, I can read about "marriages of convenience" all over the internet – students who married a classmate whose visa is about to expire; a gay person getting hitched to a straight friend without proper immigration papers; or an immigrant who's paid a broker to arrange a marriage with an American. Getting married 20 times in five years.

OTOH INS sent terrorists their visas with letters of welcome to the US 6 months after they flew hijacked planes into the World Trade Center and the Pentagon.

Then you get of cases the foreign-born spouse using her status to milk credit cards of the victim, stealing thousands of dollars and INS can do nothing about it. INS threatens prosecution but it never happens.

Married but living in different cities, yes, it is uncommon but that is not by itself prima facie evidence of an immigration crime.

If any USCIS agent is going to charge me with a felony of marriage fraud, he/she has absolutely no evidence. Nada. It does not exist because we are in a bona-fide relationship. My documentation of a real, ongoing relationship with the same woman extends back to 2003, almost a decade. This can and has been verified in the paperwork. I have medical and auto insurance policies in our names, she is after all my dependent. Records of regular financial support for many years. Documented. Photos of us together over the years. This all is documented. Try to get a conviction on that. This wouldn't get anywhere and no one would waste their time on it.

As far as the politics goes, I would say that my wife is much closer to a rightwinger then I will ever be. A typical Cuban in Miami. Deportation would be pretty cruel, sending her back to Cuba based on flimsy, circumstantial evidence. Someone who probably would be inclined to vote for a Republican here if she had the chance. She has already officially been denounced for "abandoning the Revolution". That is what often happens to Cubans when they finally get their Cuba exit visas (carta blanca). I would hope the USCIS has better intelligence these days.

It's sad to know about all the unnecessary stress and anxiety they are creating for my wife. She is quite depressed right now, especially being separated for so long from her 2 daughters. As anyone would feel the same.

Small point but she's your spouse, not your dependant.

[ngant17 1]

Technically for medical insurance, my wife's name is listed under "Dependents" category on my UnitedHealthcare card.

Likewise for auto insurance, she definitely "depends" on me for that perk. I list her name and her car in Miami directly on my policy, I am footing the bill for her.

OTOH for tax purposes, you are correct. A spouse is not a dependent. An exemption but we file separate returns. Exemptions for non-resident alien/spouse are allowed under specific conditions.

Small point but she's your spouse, not your dependant.