MAFIA

[roh305 0]

After having an interview regarding my I485 case im receiving 1 month after a Denial decision ( with an explication how to appeal and right on the bottom of this explication,posted "THIS DECISION CANNOT BE APPEALED" which obviously doesn't make sense PLUS an appeal form attached )

Whatever!

They say in this mail that the reasons for this decision are: Severals wrong answers,they wrote all of them and for some of them its TRUE cuz we were stressed out.

BUT for some of them they TOTALLY did invent stuff that i NEVER said,this is crazy.

AND here we go the last chapter.

they said that during the interview i have confessed that i paid my wife to get the green card and will help her to open a business.

..They are disrespecting our love,we are sooo chocked ,my wife was crying n crying when i rode this to her ( cuz she doesn't understand english ) writing to her that she is a prostitute would be the same..

conclusion; Or they made a mistake sending this letter to the wrong person or we are victim of an organisation.

gonna see a lawyer on friday

What do you guys think about this story??

[belinda63 3,038]

A few questions... in another post you state your wife is an American resident from Cuba...is she a US citizen or just a green card holder? You mention you want to obtain a 10 year green card, do you mean you have been married more than two years?

How did you come to the US? If it was by the VWP then you cannot appeal the decision. How do the two of you communicate? What language?

[roh305 0]

A few questions... in another post you state your wife is an American resident from Cuba...is she a US citizen or just a green card holder? You mention you want to obtain a 10 year green card, do you mean you have been married more than two years?

How did you come to the US? If it was by the VWP then you cannot appeal the decision. How do the two of you communicate? What language?

she's resident and in this case u get a 10 years green card..i came with a tourist visa...we communicate in Spanish obviously cuz she does't speak english

[Penguin_ie 5,993]

** Moving from General Imigration to AOS from Tourist Visa as OP came on a tourist visa. For others who want to help, background here: http://www.visajourney.com/forums/topic/398161-stupid-christmas-tree/page__p__5801297#entry5801297 ****

You say your wife doesn't speak English, and frankly, your English isn't great either. Was the interview conducted in English? If so, maybe you missunderstood/ they missunderstood what you said regarding the "paying for a greencard" thing? I would think if they truly heard that, they would have made you sign something there and then at the interview, did you? If you want to fight, a lawyer is definitely in order at this stage.

[belinda63 3,038]

First I don't understand how you had an AOS interview if your wife is only a resident. There is a waiting period for a visa to immigrate for spouses of US residents (not citizens). You only get the ten year green card if you have been married for more than two years, if you have been married less than two years you would receive a two year conditional green card and would have to apply to remove conditions in about two years.

As to what can be done about possible incorrect information in your file you would have to speak to an attorney, I don't know of any way it could be corrected or changed.

As far as I know if you came on the VWP there is no appeal of the decision (as your letter states) and you need to leave the US. Perhaps your spouse could try again by filing the I-130 and compiling more evidence of a real relationship while you wait for a priority date.

[roh305 0]

** Moving from General Imigration to AOS from Tourist Visa as OP came on a tourist visa. For others who want to help, background here: http://www.visajourney.com/forums/topic/398161-stupid-christmas-tree/page__p__5801297#entry5801297 ****

You say your wife doesn't speak English, and frankly, your English isn't great either. Was the interview conducted in English? If so, maybe you missunderstood/ they missunderstood what you said regarding the "paying for a greencard" thing? I would think if they truly heard that, they would have made you sign something there and then at the interview, did you? If you want to fight, a lawyer is definitely in order at this stage.

we live in Miami hellllo, 70% of the population speak spanish so we of course had the interview in spanish,,and none miss understood during the interview and we never talk about money with the inspector and never sign noooooothing..its just crazy..i hope they recorded our conversation during the interview,,i heard that

thank you

[roh305 0]

First I don't understand how you had an AOS interview if your wife is only a resident. There is a waiting period for a visa to immigrate for spouses of US residents (not citizens). You only get the ten year green card if you have been married for more than two years, if you have been married less than two years you would receive a two year conditional green card and would have to apply to remove conditions in about two years.

As to what can be done about possible incorrect information in your file you would have to speak to an attorney, I don't know of any way it could be corrected or changed.

As far as I know if you came on the VWP there is no appeal of the decision (as your letter states) and you need to leave the US. Perhaps your spouse could try again by filing the I-130 and compiling more evidence of a real relationship while you wait for a priority date.

thank you for replying and i can tell that u don't know whats going on when u are married to a Cuban,whatever 10 years green card or 50 years it is not the point..

i keep on mind your advise regarding refilling.

thank you

[Harpa Timsah 13,258]

First I don't understand how you had an AOS interview if your wife is only a resident. There is a waiting period for a visa to immigrate for spouses of US residents (not citizens). You only get the ten year green card if you have been married for more than two years, if you have been married less than two years you would receive a two year conditional green card and would have to apply to remove conditions in about two years.

As to what can be done about possible incorrect information in your file you would have to speak to an attorney, I don't know of any way it could be corrected or changed.

As far as I know if you came on the VWP there is no appeal of the decision (as your letter states) and you need to leave the US. Perhaps your spouse could try again by filing the I-130 and compiling more evidence of a real relationship while you wait for a priority date.

They are applying based on the Cuban Adjustment Act, as a spouse of a Cuban. Special rules.

Why is this thread entitled MAFIA?

Edited November 14, 2012 by Harpa Timsah

[roh305 0]

They are applying based on the Cuban Adjustment Act, as a spouse of a Cuban. Special rules.

Why is this thread entitled MAFIA?

you know what we r talking about thank you

Mafia just to attract the intention on my topic,,nothing else

[belinda63 3,038]

Thanks for the clarification. I will research and come back with some educated answers.

[MIBEN 83]

If you are married to a permanent resident originally from Cuba she can submit a petition but it would not be an AOS from a tourist visa. Many people are successful in getting the adjustment of status when they prove that they did not come to the US with an intent to marry. If you were already married to her and came on a tourist visa and then want to adjust they are just saying that they are not approving you which they can do since the petition process was not followed. Also unfortunately that ruling cannot be appealed. Please remember that during the processing stage they check email accounts and social media accounts both you and your wife have. They may have run across s conversation that led them to believe marraige fraud. Yes getting a lawyer is your best bet and file a I-130 and go home and wait til your priority date becomes available. If you are not yet out of status on the tourist visa go home before you compromise your VWP benefits.

Good luck,

[san diego 407]

If you arrived on VWP you cannot appeal. I would leave the country ASAP and file or CR1.

[Sean86 31]

too many discrepancy. I think its either visa fraud or someone playing around on VJ

[JohnR! 5,495]

After having an interview regarding my I485 case im receiving 1 month after a Denial decision ( with an explication how to appeal and right on the bottom of this explication,posted "THIS DECISION CANNOT BE APPEALED" which obviously doesn't make sense PLUS an appeal form attached )

Whatever!

They say in this mail that the reasons for this decision are: Severals wrong answers,they wrote all of them and for some of them its TRUE cuz we were stressed out.

BUT for some of them they TOTALLY did invent stuff that i NEVER said,this is crazy.

AND here we go the last chapter.

they said that during the interview i have confessed that i paid my wife to get the green card and will help her to open a business.

..They are disrespecting our love,we are sooo chocked ,my wife was crying n crying when i rode this to her ( cuz she doesn't understand english ) writing to her that she is a prostitute would be the same..

conclusion; Or they made a mistake sending this letter to the wrong person or we are victim of an organisation.

gonna see a lawyer on friday

What do you guys think about this story??

It may be that you are being treated unfairly..

Can you white out the names, address and A# from the letters you received and post them here? I think this would be a great service for all who are treading on the same road as you are.

[san diego 407]

too many discrepancy. I think its either visa fraud or someone playing around on VJ

If you read entire thread story is pretty straight forward: He came on VWP. Stayed here and got married to cuban national. He applied for AOS and failed to convince: a) That they ave bona fide relationship and that he had no intent to get married. They ejected visa. VWP tourists have no right for appeal. The reason is that VWP some times abuse the privilege and do AOS. While in a lot of cases this loophole works since USCIS cannot prove the intent to immigrate, VWP that get married and try to adjust status do run risk of denial and not having an opportunity to appeal, like in this case. Makes sense.