I-130 Interview - RFE

[Papillon26 0]

Hello everyone -

My spouse of about a year went for his interview this week and it was a nightmare. They requested additional information on his identity and our relationship. He was cautioned twice in the past 2 years for fighting but was not arrested and no one was harmed. One of the incidents occurred when he was a teenager and he works as a bouncer in pubs so altercations are to be expected. The CO took a hard stance on this like he were some kind of criminal. He also changed his name a few years ago to an English name. Someone used his identity and that, coupled with a desire to avoid discrimination and improve his chances at getting jobs, lead him to change it. However, he changed it 4 years after the identity incident. Again, the CO was suspicious and acted like he was a criminal changing names. He immigrated as a teenager and about 10 years ago, his foster care parent or her applied for a visa to visit the US. He never heard back from then and when applying for a visa in 2010 using his changed name, he got it. He barely spoke English when the first visa was applied for and the CO told him, you just want to immigrate to the US, come on, you can tell me. He's a UK citizen and doesn't want to move, except that I want him too. He's been to the US 4 times and everytime, he has returned to the UK. In addition, the CO asked him if either one of us was married, even though the forms state neither of us were previously married and in fact we were not. They also rejected his identity papers - a letter from the Kosovo government that it's not available and 2 affadavits. In addition, the CO asked for additional proof of our relationship. He brought a few pictures and cards I'd sent him but the CO didn't even want to look at the cards. My husband won't be able to take off of work soon and travel back trying to obtain the hospital records and school records the CO wanted. When he said it would take time, the CO said he should ask his family members to do it, even though he doesn't have a relationship with them. The CO asked wehat he studied at uni and when he said criminology, the CO looked at him like a conniving criminal and almost rejected the application. Everything was taken to the negative extreme. He was cautioned twice but never arrested and he's a hard-working guy. He isn't perfect but not some under the radar hardened criminal surreptiously trying to enter the US. He put himself through university and has always supported himself by working. He was a young kid without any guidance or anyone helping him out and did the best he could for himself. He's certainly not the person the CO thought him to be.

I'm devastated and don't know what to do. Will getting an attorney help? I'm freaking out the CO didn't like him and his situation and is likely to reject him. He almost rejected him at the interview. What options do I have then? How successful are appeals? Will me going in person to the US help?

Please help. I've been crying non-stop. I didn't expect this. We love each other and he is a good guy with a somewhat checkered past but with no history of anything violence or anything really bad.

[Papillon26 0]

I should add my brother was married to someone overseas 6 years ago and that quickly ended in divorce, so I don't know if that was another red flag. We are the children of immigrants and people frequently marry people from other countries. His marriage wasn't a sham marriage, just two young adults who were un over their heads.

[dwheels76 5,468]

There's nothing to appeal you must give them the list of evidence they are asking for.

You say he is a UK citizen. What nationality? Is he from Pakistan, India, another country? I asked cuz that seems like alot of scrutiny for a UK citizen.

Get more evidence a picture and card. Not going to work. Where are your emails, letters and such.

The name change thing well that sounds like a mess but he will have to get what they seek to clear his name.

It will be fine at least you are given a chance to fix it.

[Ms Hogan 295]

Will me going in person to the US help?

Is your husband the petitioner or the beneficiary? Was his interview at a local office and he is the petitioner? I'm confused by your comment above.

[Papillon26 0]

I should add additional details. I'm a US citizen (born and raised) and living in NYC. He is a UK citizen by way of Kosovo. He has been in the UK over 10 years and immigrated there illegally, which he disclosed to the CO when asked. He has no criminal record in the UK or Kosovo or anywhere else. Getting documents in Kosovo is not easy. People don't want to do anything and when they do, they do what they want, not what the USCIS wants. He had trouble getting basic items and had to wrangle family members to provide an affidavit, which they didn't care to do. The CO rejected them.

The name change was a big deal. They asked if he'd used other names (he did not) and had him write on a piece of paper that he has not used any other names. They went back and checked during the interview.

I haven't yet contacted the US embassy in the UK to ask if my presence will help. They did not request I attend the interview but if it'll help, I will go there if/when work allows me time off.

Edited January 16, 2013 by Papillon26

[The Mean Lady 604]

Ok, so this was not actually an I-130 interview, it was your actual beneficiary visa interview?

[Ms Hogan 295]

I don't really know what to say. I can understand your frustration and worry. I can also understand why they are grilling him the way they are if he immigrated to the UK illegally, has changed his name and has had some "run-ins" with the law. I'm not passing judgment, just saying I can see why there would be extra care taken. It might warrant having some help from a lawyer in this particular case but I am certainly no expert.

[Nich-Nick 3,354]

London is an easy consulate and normally the interview is a quick chat. The officer looking at the sum of all the things mentioned did not feel like this is an everyday born in the UK squeaky clean British guy marrying his American sweetheart. It's not a straight forward case for do-it-yourself. We don't know the whole story so it's impossible to speculate. The 2-3 times I've heard of a grilling in London, there has been more to the story. They didn't just decide to be mean to him. They are pretty good at their jobs and sensing a need to fully investigate. There are too many things to just rubber stamp him into the US as a permanent resident--recent brushes with the law, weak identity documentation from a foreign country, name change, previous visa issue or perhaps denial that was maybe not disclosed, and maybe another person's activities showing up in security searches on him...it's a lot of issues added together. Provide what they ask for then expect a long wait. If denied, you can have a lawyer prepare a waiver to overcome whatever reason they say he is inadmissable.

[N-o-l-a 7,167]

My aunt had a similar issue with some run ins with the law in her youth and a name change (she is a UKC). She was unable to ever get a visitor visa to America, but her CR1 was eventually approved. I hope that gives you some hope with that.

[Papillon26 0]

I feel stupid at the way we were ambushed, meaning the unexpected grilling. I don't think it was personal - the CO is doing his job. I respect that. We were taken aback at the treatment and questions, as if he were a criminal. I understand there are a number of issues that together appear to be more, although there aren't. We do love each other and were hoping he'd be here soon and can start a life together. I'd be willing to move to the UK and contemplated it, but given that I'm in my 30s and want children sooner rather than later, I didn't want to be away from my family.

I'm frustrated because we were temporarily rejected and he's returned every single time.

Will letters from friends and his line manager help? Anything to bolster his character so they don't see him as some criminal.

Edited January 16, 2013 by Papillon26

[pushbrk 12,824]

I feel stupid at the way we were ambushed, meaning the unexpected grilling. I don't think it was personal - the CO is doing his job. I respect that. We were taken aback at the treatment and questions, as if he were a criminal. I understand there are a number of issues that together appear to be more, although there aren't. We do love each other and were hoping he'd be here soon and can start a life together. I'd be willing to move to the UK and contemplated it, but given that I'm in my 30s and want children sooner rather than later, I didn't want to be away from my family.

I'm frustrated because we were temporarily rejected and he's returned every single time.

Will letters from friends and his line manager help? Anything to bolster his character so they don't see him as some criminal.

It would help to know what additional evidence he was asked to provide.

[Papillon26 0]

He was asked to provide proof of identity and proof of relationship. Basically, they questioned the entire application. I am surprised it passed the NVC without any problems. I would have thought they'd identify any deficiencies then.

He said the CO was polite but searching. He switched his questions from us to him and back to us. It sounds like he was trying to catch him in a lie. He brought pictures of us when we were married (4 pics) which included some with my parents and cards I'd written him, which the CO didn't care to look at. He requested 10-15 pictures of us in different locations. We communicate primarily through text, phone and skype. You can't bring in electronics so showing him the phone wouldn't help. We were a bit naive I guess to bring in only a few pictures but they didn't ask for any and we didn't think much else was needed. All of our pictures were taken on a digital camera so they're all on my computer. Luckily, I had some wedding pictures printed out though clearly that wasn't enough.

I'm still reeling. He bought me an engagement ring and we've gone away together, including to visit my old and sick grandmother. The relationship is real and I've never had so much as a speeding ticket, but the CO does not buy anything about us or him. I don't know what to do.

[The Mean Lady 604]

what you need to do is provide what they asked for

[Papillon26 0]

what you need to do is provide what they asked for

Thank you for stating the obvious. We've provided what they have explicitly asked for and this has been rejected. Hence, my questions and concerns. I am trying to see things from the CO's point of view and anticipate issues or concerns and obtain the requisite help, be it from a layman or lawyer.

[pushbrk 12,824]

Thank you for stating the obvious. We've provided what they have explicitly asked for and this has been rejected. Hence, my questions and concerns. I am trying to see things from the CO's point of view and anticipate issues or concerns and obtain the requisite help, be it from a layman or lawyer.

There seems to be a disconnect here. Provide what the CO asked for and provide as much evidence as you can as to how, and how frequently you communicate and evidence of the time you've spent together in person. If you "went away together" what evidence do you have of that? Boarding passes? Passport stamps? Receipts?