Got Separated right away on first AOS interview, Los Angeles 2012

[LAcouple 0]

On February 21st my wife n I went into Los Angeles office for our initial AOS interview. We went up to the 8th floor and waited for 20 mins or so before we were called in... we were greeted by a short "Asian - Hispanic" lady that was very intimidating right from the beginning... we handed the documents she asked for, which btw included a life insurance from wells fargo, she made a weird remark about how i didn't have a health insurance but actually a life insurance, i said because we cant afford a health insurance yet, and the life insurance is only $25 a quarter from wells fargo...(and well we were just trying to collect more documents for our interview, im in not way sick or even close to dying, i hope!) then she replied "do you wanna die soon?" which kinda threw me off a little... after that she took our ID's and since we didn't have copies, she sent out to the second floor to make copies of the Id's and then told us to wait until she called us back in. After we came back she called us but only let me in n my wifey had to wait outside... once inside she drilled me with lots of questions which i answered to everything and explained how my relationship with my wife had gone through all these years... then she kept coming back at me with the same questions but in a different approach i guess to try to see if i changed my answers or not... the the part that im a lttle worried about is that she asked if my wife knew my friends, and i said we really dont share friends bacause most of her friends are back home and i dont really hang out with anyone, i've worked most of the time since i moved to LA so since my wifey moved in with me its pretty much all about us... she goes back home on the weekends to see her family and has a part time job there to make extra cash... however we filed taxes together, so im not sure if this might have confused my IO but we EXPLAINED why... and when my wifey went in she said the same exact thing... exept the part of knowing each other friends part...honestly for as long as we have been in LA it has been just about us, after work I dont really wanna go to the bar with work people instead of just spending it with my wife at home or wutever... but this might have seemed weird to our IO but that's just how it is... there's really nothing i can do to change how things are... anyways.... after drilling us with questions she just told my wifey that they'll have to do some background checks and they'll let us know... didnt specify time, nor if we had or hadnt been approved... till now I havent heard anything, I opened an SR on the 6th of this month and just got a letter saying that I opened an SR, LOL... not much help there !!! anyone any ideas or similar experience ?!?!

A little Background:

I met my wife when I moved to the States in 1999... we were still kids back then, im now 27 n she's 22... we had been dating on n off through the years... when she turned 18 we almost got married but the circumstances did not really allow for it, meaning i wasn't making much money, still working 3 jobs to pay my college education and I guess that would've been rushing it too much... I move to Los Angeles in 08, we had always been in touch n she would come n visit and i would do the same since its only an hr n half drive to the where we moved from... after all this on n off time she moved in with me in September 2010, and we finally tied the knot in December of the same year. We couldn't file right away because of money issues and since I had a DUI on my record (which is closed n have my court disposition), we didn't want to file alone or without an attorney so we did everything right from the beginning...My process has taken almost a year now, I got my EAD back in July, and my interview notice in January 2012.

[TBoneTX 46,117]

They gave you a Stokes interview, to compare your answers. Your evidence must have been very thin. It's up in the air as to whether they'll deny or approve your AOS.

If anyone from USCIS shows up at your door at 4:30 a.m., wanting to come in, say politely (through the closed door) that you never consent to searches as a matter of policy, and if further information is desired, they're welcome to set an appointment with you, as you have been required to do throughout the entire immigration process. If you let them in, you'll have no control over what THEY CHOOSE (even the most innocuous thing, as far as you're concerned) as a reason to deny you.

[JimVaPhuong 4,863]

I usually agree with TBoneTX 100% of the time, and I do agree that a home visit is a pretty good possibility here. However, rather than telling you straight up to refuse to allow them into your home, I'll say that it's a personal decision you need to make yourself.

Understand that if they do come to your home that they are federal law enforcement officers. Even the IO at the USCIS office is a federal law enforcement officer. If you give them permission to enter your home then you've given up your rights to control what they do. They can go anywhere they want in your home, and look at anything they want to in their search. Understand also that they aren't there to look at your scrap books or drink tea and chat about your marriage. Their objective is to find a reason to deny you. They may be courteous, but they will also be aggressive in their search. If they believe you lied to them then they can take you into custody and hold you for deportation.

You should also understand that you have the right to refuse them entry. However, if you do refuse to allow them to enter then your adjustment of status will almost certainly be denied. You may be able to file a motion to reopen or appeal the decision, depending on the reason for the denial.

A third possibility you might wish to consider - hire an attorney. Make sure the attorney is willing to come to your home any time, day or night, if immigration officers show up at your door. If the immigration officers do come then tell them they have to wait until your attorney arrives.

[LAcouple 0]

Ok, I do get both responses, but why am I being put in such a long process from the beginning?, we have nothing to hide... we're not a new couple... we have been.together for a long time, the IO asked about our dating times n I made it forearm that of course we had dated other people, this is not a 2 month relationship, we even bought our rings back in '08, and used em for our marriage... we had proof or car insurance, lease, actual bills, gas n.power, Internet, our car registration, credit card, joint account, pictures,(recent because we r not the type that gets pica everywhere they go.or do), and the damn life insurance thing that we showed.... I'm just so confused.... ;(

[LexandAra 4]

Did you do a k1 visa or what?

[kptaylor 5]

Well, what sounds odd to me, and maybe the IO, is that your wife goes home every weekend and continues to have a job in Mexico. It raises a potential red flag and is probably what they want to understand better. The IO may wonder about your relationship if your wife still has strong ties to her home country and has not "committed" to the US or you. Not saying this is the case, but this could be a possibility the IO feels she needs to explore further.

[LAcouple 0]

Well, what sounds odd to me, and maybe the IO, is that your wife goes home every weekend and continues to have a job in Mexico. It raises a potential red flag and is probably what they want to understand better. The IO may wonder about your relationship if your wife still has strong ties to her home country and has not "committed" to the US or you. Not saying this is the case, but this could be a possibility the IO feels she needs to explore further.

@ kptaylor

This is to adjust my I-130 AND I-485... and my wife is the USC, and well, she doesn't cross to Mexico at all, by going home I mean she works only 3 days n gets to see her family, home is only an hour n half away from the riverside county is nothing bad about it really... there is a lot of situations I've read where people don't even live together... that's what confuses me the most... maybe I'm just being dramatic n my file is just not the most important one to them...

I usually agree with TBoneTX 100% of the time, and I do agree that a home visit is a pretty good possibility here. However, rather than telling you straight up to refuse to allow them into your home, I'll say that it's a personal decision you need to make yourself.

Understand that if they do come to your home that they are federal law enforcement officers. Even the IO at the USCIS office is a federal law enforcement officer. If you give them permission to enter your home then you've given up your rights to control what they do. They can go anywhere they want in your home, and look at anything they want to in their search. Understand also that they aren't there to look at your scrap books or drink tea and chat about your marriage. Their objective is to find a reason to deny you. They may be courteous, but they will also be aggressive in their search. If they believe you lied to them then they can take you into custody and hold you for deportation.

You should also understand that you have the right to refuse them entry. However, if you do refuse to allow them to enter then your adjustment of status will almost certainly be denied. You may be able to file a motion to reopen or appeal the decision, depending on the reason for the denial.

A third possibility you might wish to consider - hire an attorney. Make sure the attorney is willing to come to your home any time, day or night, if immigration officers show up at your door. If the immigration officers do come then tell them they have to wait until your attorney arrives.

@ jimvaPhuong

Ok, I do get both responses, but why am I being put in such a long process from the beginning?, we have nothing to hide... we're not a new couple... we have been.together for a long time, the IO asked about our dating times n I made it forearm that of course we had dated other people, this is not a 2 month relationship, we even bought our rings back in '08, and used em for our marriage... we had proof or car insurance, lease, actual bills, gas n.power, Internet, our car registration, credit card, joint account, pictures,(recent because we r not the type that gets pica everywhere they go.or do), and the damn life insurance thing that we showed.... I'm just so confused.... ;(

[Adriene H 89]

A third possibility you might wish to consider - hire an attorney. Make sure the attorney is willing to come to your home any time, day or night, if immigration officers show up at your door. If the immigration officers do come then tell them they have to wait until your attorney arrives.

I think I get to use a word I don't get to use

very often!

But would this be hiring a lawyer on retainer?

Quite costly, but sounds like this is a time

to look into that option.

[thelastpetitioner 218]

Nothing about your relationship is traditional, from you buying your rings back in 08 as you keep on mentioning to your wife going back home three days a week ( did they ask you if she goes back home alone ? )and the fact that you ALMOST got married, stopped the process and got married a couple of years later and that alone can raise a red flag, trust me I know it sounds stupid.I usually agree with Jim but I don't agree as far as the lawyer goes, I think you should let them n because at this point if you have nothing to hide, you cant afford suspicious moves like not letting them in or having a lawyer.

[Harpa Timsah 13,258]

Having an "old" relationship doesn't mean it is more real. In fact, having a relationship that is too old can create issues, because it invites the question, why did you wait so long to get married? It can seem, in some cases, like the marriage is just an old friend helping out an old friend as a favor.

[Adriene H 89]

Having an "old" relationship doesn't mean it is more real. In fact, having a relationship that is too old can create issues, because it invites the question, why did you wait so long to get married? It can seem, in some cases, like the marriage is just an old friend helping out an old friend as a favor.

I could totally understand postponing a wedding given

how young they are. And it sounds like he wanted to

get an education first and establish himself so

they could have a nice life together when they

finally decided to tie the knot.

[LAcouple 0]

Nothing about your relationship is traditional, from you buying your rings back in 08 as you keep on mentioning to your wife going back home three days a week ( did they ask you if she goes back home alone ? )and the fact that you ALMOST got married, stopped the process and got married a couple of years later and that alone can raise a red flag, trust me I know it sounds stupid.I usually agree with Jim but I don't agree as far as the lawyer goes, I think you should let them n because at this point if you have nothing to hide, you cant afford suspicious moves like not letting them in or having a lawyer.

the reason we didnt end up getting married back in 08 is because i lost my job, i had no mobey to go through with it, and well yeah she goes back home alone, she stays with her mom... but if i have the time off i go back with her too... we dont have any type of jealousy issues so i deff dont have any issues w her going back, specially to see her family... and well km not doind any stupid moves at all... im just waiting for some type of outcome so i can then do something like gather more evidence or id would be great if they at least told me what they need to proceed... another thing is that we didnt even file right away bacause we didnt have enough money, se we ended up filing like 5 months after, not even rushing anything at all...

[LAcouple 0]

I could totally understand postponing a wedding given

how young they are. And it sounds like he wanted to

get an education first and establish himself so

they could have a nice life together when they

finally decided to tie the knot.

EXACTLYYY... i was still in school, noe i have chances of taking good jobs but cant even do that if i dont know where i stand, then she wouldnt really need to help me by working the part time anymore n fully finish school...

[Laure&Colin 558]

The fact that she goes back alone to her hometown every week-end may seem highly suspicious for an IO: you only live together 4 days a week, and you never spend your week-ends together, it almost sounds like room-mates (in the IO's eyes).

[Darnell 8,479]

i'm terribly sorry, but you've been in the USA quite some time.

What visa did you use to come into the USA?