I-751 - Notice of Interview... Any advice?

[Tricia599 2]

Happy New Year!

In today's mail we got a notice that our ROC case has been relocated to our local field office and that we are going to be called for an interview. I am a little freaked out about this, so I would appreciate any advice from anyone who's been through this. I don't know what to expect - do I need a lawyer? If the interview goes poorly, can I appeal? How do I prepare?

Some background - we sent in our ROC petition in May. Our original evidence contained:

*Copies of Permanent Resident Card

*Copy of US Federal Tax Return Transcript for the following Tax Periods:

2008 – “Married filing Separately” as my husband was not a US resident at the time I filed;

2009 – “Married filing Jointly”

2010 – “Married filing Jointly”

*Copy of our Driver’s Licenses showing the same address;

*Copies of our joint checking account statements (at quarterly intervals) that was opened in September 2009;

*Copies of our joint savings account statements (at quarterly intervals) that was opened in March 2010;

*Copies of our joint savings account statements (at quarterly intervals) that was opened in June 2010;

*Copy of the original beneficiary form showing MY HUSBAND as the beneficiary to my supplemental life insurance offered by my employer;

*Copies of my employer’s Human Resources Management System showing MY HUSBAND as my dependent and beneficiary for insurance plans offered by my employer (annual, also most recent year’s election summary);

*Copies of installment loan, memorandum of title, registration, and insurance for jointly owned vehicle purchased in April 2011;

*Copies of our joint credit cards;

*Copies of our cell phone statements (at quarterly intervals) that show phones on the same family plan;

Please note, the plan is registered under my mother’s name. Individual names of the phone owners do not appear on the bill until the August 2010 statement;

*Copies of our boarding passes for a trip to Brazil in November 2010;

Please note, we have not changed our names in our passports to reflect our married names. As a result, the boarding passes are issued in our previous names.

*Photos from trips taken together

At the end of October, we got the RFE asking for more evidence of a good faith marriage and proof of communal residence dating back to the date of our marriage. he problem is, and I explained this on our cover letter, since we moved to the US in July 2009 we've been living with my parents (we bought our own home this past October). So we had no joint mortgage, utility bills, etc. Previous to that, we lived in his house in Brazil, which was in his name only since I could not own property not being a permanent resident (I had conditional status since our marriage in May 2008. By the time we left, the process had not been completed).

At the time we got the RFE, we were in the process of a messy closing on our new house, so I put this on the back burner. I sent in our response on December 17 with the following:

*Copy of the RFE letter

*Copy of my husband's perm. resident card

*Copy of the original cover letter listing the original evidence

*Letter signed by my husband and I explaining our residence since marriage

*Letter from my mom stating that we lived with her since arriving in the US in July 2009 and including emailed receiptis from gift baskets she had sent to us while in Brasil

*Copy of the declarations page of our homeowners policy issued in October 2011

*Copy of the settlement statement for our new mortgage

*Printout from our county auditor's site showing joint ownership of our house

*Copy of the change of address confirmation from USCIS when we moved to our new home

*Copies of mail sent to us at my mom's address and the new house

*Letters and affidavits of support (5) from friends and relatives.

I don't have anything else to show them. Add to that the fact that my husband's english still is not fantastic (he was working for a friend of ours up until the end of September when he got a job in a local garage and was "on the books") Any advice would be greatly appreciated.

Thanks!

*

[sasaqlain 24]

Don't freak out. I don't think you need a lawyer. Your case doesn't seem complicated. And yes you have the right to appeal. ROC interviews are not as rigorous as the AOS interviews are. I have a feeling you guys will be alright. Could be a random selection for an interview. Just your luck i guess. I am expecting an RFE or an interview myself. I guess am just hoping for the best and preparing for the worst.

Good Luck!

[Tricia599 2]

Thanks. I appreciate your optimism! Since we were married for a year in Brazil before we applied for his CR-1 visa, I assumed this was pretty open and shut. It never occurred to me that we wouldn't be approved straightaway. But after a few days to ponder, I'm still worried, but not as worried, I suppose.

Good luck to you in your case!!

[menina 50]

HI Tricia!

I don't think you have anything to worry about. Since you didn't have to do AOS, they are probably requesting the interview with ROC. I doubt it has anything to do with your RFE. If there was a problem with the additional information you submitted, I believe they would have notified you. We did not receive any RFEs for AOS but still had an interview. It was fast and easy. They just asked to see a few pictures, any evidence we had of marriage (I supplied bank account info, health insurance, etc.), and said welcome to the US. I would still bring all of the info you previously submitted in case there is some question, but I believe you will be fine. Good luck!