AOS interview turns into interrogation

[jedfe 2]

We had our interview today and it was not a particularly pleasant experience. Mind you - our case has a few things that may appear as red flags, but our marriage is bonafide and we have proof of everything.

We came for our appointment 10 minutes early, and waited for about 45 minutes before our name was called. The IO did not introduce herself, and was not very professional in appearance or demeanor. She led us down a long hallway and had us swear-in before we sat down.

As soon as we sat down, she started almost shouting at my husband about the fact that he was working, and that he had started working when he had entered under VWP. She loudly and angrily started questioning him about his overstay and wanted to know if he had any previous overstays (he didn't.)

She questioned him if he had ever filled out an I-9 or used an SSN. He was confused by her question and said that he had only used his birthday. She asked if he was being paid under the table. I know that he doesn't know what this means so I answered and said yes, but she ignored me and wanted him to answer. When he didn't answer, she raised her voice and said, "do you know how many laws you've broken?"...I was very confused by this question because we have been advised by a lawyer that illegal work is forgiven for a US citizen spouse. I think she was trying to intimidate us in the hope that one of us would say that we had gotten married so that he could work - but of course this isn't true, so we didn't say so. I explained to her that we were waiting for him to get his social security number so that I could file our taxes. She went on a rant about how that would just get his employer into trouble, to which I replied that we would still be paying taxes on the money my husband earned. I remained very calm and looked her in the eye when I answered these questions.

Then she started questioning me about the timing between BOTH of my previous marriages (I've been married twice before - the first time 20 years ago for only 2 years!), and gave us a small lecture about her parent's divorce, and how hurt her mother was by her father's hasty remarriage. I explained that I had been separated for a year, even though my divorce was only finalized a few weeks before my marriage to my husband. She was concerned that I had filed taxes jointly with my previous spouse last year even though we were separated, but I explained it lessened my ex-husband's tax burden so I had done it as a favor to him.

Then she started questioning us about my husband's previous marriage, which we had expected would happen. His divorce was finalized only days before we married, so he had to explain the complexities around that. This went on for a while, peppered with some personal anecdotes and moral posturing from the IO. We answered everything with patience and honesty. She seemed to relax a little when I showed her that he had given me his grandmother's diamond ring long before his last visit to the states, and that it symbolized an understanding between us that once he was able to divorce, he would marry me.

She then wanted to go through my finances carefully (I make far over the guidelines), and that was the only extra paperwork we brought that she kept. She said she would approve the sponsorship documentation. (Is this a good sign for approval on the rest?)

Then she pulled out my divorce paperwork and asked me if I saw anything wrong with it. I stared at it for a minute and admitted I didn't. She pointed out that the copy the court gave me did not have the Judge's signature on it, and implied that my previous divorce, and therefore my current marriage, might be invalid. I explained to her in detail what the judge had told me that day in court about how I could use my own stamped copies. She wrote up an RFE and told me to get her the correct, signed divorce document ASAP. She told me that in the case that my marriage wasn't valid, I should withdraw the application immediately and remarry and refile.

She then gave us back our documents, including my husband's EAD. She advised us not to use advance parole as we might face a ban, and we said we knew and appreciated the reminder.

The only encouraging part was at the end. She seemed to soften up a little. She said that she knew that it might seem that she was coming down hard on us, but that "on paper we had a lot of red flags." She explained that it was important she asked these questions in person so she could tell what the real story was. I smiled sincerely at her and told her that I appreciated that she was doing her job.

On our way out, she complimented my husband's briefcase, which he explained was a gift from me.

That was tough, way tougher than we were expecting. I know from reading this forum some of you will think we deserved it (VWP, undocumented employment, quickie divorce) but our marriage is real and honest - he had no immigrant intent when he entered and we married because we want to spend the rest of our lives together.

Ultimately, I'm relieved it wasn't a denial, but I'm worried about what happens next.

Edited March 20, 2013 by jedfe

[Justine+David 218]

Oh my goodness. It's my own personal belief that IOs have crappy lives and terrorize people to make themselves feel less bad about their lives.

[ValerieA 350]

The thing to look at now is, the interview's over. Sounds like, as long as you get her a copy of your divorce paperwork signed by the judge, you are approved. Hope that is the case.

[jkelly07 120]

I think so just get the divorce papers signed by the judge stamped and dated or ask for a new one.pay the fee.i hope you don't have any more trouble with her.

[MrsB2012 10]

Hey Jedfe, my husband is also from DK. I'm sorry to hear that you guys had such a rough time at your interview. Hopefully once you get the proper divorce documents submitted, you'll get the approval. I understand your anxiety as the whole VWP no appeal rule was always stuck in the back of my mind throughout our process. I was also married once before but the officer never asked anything about my divorce or to see my original paperwork. I guess it just depends on the officer and what they personally want to nitpick about. I'll cross my fingers for you guys, keep us posted!!

Edited March 20, 2013 by MrsB2012

[jedfe 2]

Thanks, MrsB2012! I've followed your story as we have a similar timeline and saw that you got approved - congratulations!

As you know, the idea that someone would immigrate from Denmark for some kind of fraudulent purpose is absurd. I think what has annoyed me the most is that the IO wouldn't even look at the pictures of me and his kids goofing off and hugging each other, and didn't want to hear much of anything about our relationship. Almost all of her questions were focused on his ex-wife and my ex-husband. She even asked us each of us how our ex felt about the divorce. It was truly a strange experience, but I was grateful that grilling about exes had been brought up in another thread a short while ago, or I would have been caught completely off-guard.

I also can't quite get over the lecturing or the raised voice - I still can't figure out exactly what the IOs purpose was other than to intimidate.

Oh well, I got the correct divorce documents this morning from the courthouse and will be sending them in this afternoon. Hopefully that will be enough to satisfy her. Otherwise, given the current restrictions on immigration to Denmark, I suppose we'll be looking to move to Malmö.

Hey Jedfe, my husband is also from DK. I'm sorry to hear that you guys had such a rough time at your interview. Hopefully once you get the proper divorce documents submitted, you'll get the approval. I understand your anxiety as the whole VWP no appeal rule was always stuck in the back of my mind throughout our process. I was also married once before but the officer never asked anything about my divorce or to see my original paperwork. I guess it just depends on the officer and what they personally want to nitpick about. I'll cross my fingers for you guys, keep us posted!!

[Villanelle 4,122]

I still can't figure out exactly what the IOs purpose was other than to intimidate.

She explained it to you. Im not picking on you either, but this issue gets brought up a lot, where people feel the Officer was mean or rude or unfriendly, or harping on stuff thats irrelevant- and its really not the case.

She tried to explain to you at the end that you had several red flags and she had to interview you in person and evaluate your responses to get the real story. The only way to do this successfully is to conduct a hard interview. If youre a parent youd understand. If youre not, think back to when you were a kid.

You have to have control questions, you have to have difficult questions. Sometimes you have to make the person 'squirm', sometimes its the only way to get the truth.

And just because working with out the EAD would be forgiven when you AOS does not by any means make it OK to do so. It calls into question what kind of people are you. If you were to simply have shrugged it off and been like- yeah we knew it was wrong but you couldnt touch us ha ha- Well it would perhaps make her think you are the type of people who would have no problem exploiting other laws. Like perhaps a law that would give a man a greencard by marrying him. Thankfully it didnt play out that way. You answered appropriately. She seemed to be satisfied that you werent scammers and proceeded to lecture you about the laws you did violate- which is appropriate since you did violate them.

She then moved on to explore other possible fraud indicators- the petition being filed close to divorces. Any lecturing or sharing of 'personal stories' or moral posturing in that regards is an attempt to get you to slip up or reconsidering what you are doing if you are not on the up and up with everything you are stating. Because you are not, its annoying and insulting and it seems like the Officers are just miserable people. But this is part of the training of how to conduct interviews.

You have to remember, youre basically going in like a suspect whos considered guilty and have to prove your innocent. Thats how youre going to be treated. The burden of proof is always on you.

It seems like you did really well.

Your financials were approved. After talking to you, she was satisfied with all the red flags that she saw on your papers, so it seems like as long as you turn in the divorce with the signature on it theres absolutely no reason why the GC wont be granted.

Typically what happens next is youll submit the missing peice (the divorce papers). If shes a seasoned adjudicator, she can approve it and youll see online or when you call up, it moved to card production. If shes not- she would have to turn the file over to her supervisor to review it to make sure she made the right decision. Once they review it, it will either be approved or they will call you back in for a second interview.

I wasnt in the interview, so I really dont know how you left. It seems very likely from how you described it that she was very satisfied with your answers, so I would say its most likely you will go into card production.

If you misread it, youll be called back for a second interview. Ultimate worst case scenario is they deny you and your spouse has to leave the US because there is no appeal for a denial from VWP. Youd have to file for the CR1 overseas.

[jedfe 2]

Capri, thank you for your thoughtful and objective response.

Of course you are right and the IO has to make sure things are on the level by any means at her disposal - it was just a frustrating and deflating experience. I was super careful not to show any frustration or act insulted by anything she asked - I think that's really the best advice I could share with anyone - just stay calm and tell the truth!

I'm not afraid of a second interview, and if we have to be separated to CR-1 or leave the US altogether, that's just what we will do. I have to just remind myself that in the end - nothing USCIS does will ultimately be able to keep us apart.

We just sent off the correct divorce paperwork express mail, so they will get our RFE response tomorrow by noon. Keeping my fingers crossed and hopeful.

[jedfe 2]

Our I-130 shows as "initial review" still...but our I-485 shows as "card production"?

Dare I hope...? The RFE never even showed up online. Is it over now?

[Harpa Timsah 13,258]

Sounds like it. Congrats!

[MrsB2012 10]

Sounds that way! It took a few days after the I-485 being approved for the I-130 to show as approved. Congrats!!!

[jedfe 2]

Now the I-485 has changed from "Card/Document Production" back to "Decision" and the I-130 says, "Post Decision Activity" (the I-130 has now been approved.)

I want to be relieved, but I'm worried about the change on the I-485 - is that normal?

[MrsB2012 10]

Now the I-485 has changed from "Card/Document Production" back to "Decision" and the I-130 says, "Post Decision Activity" (the I-130 has now been approved.)

I want to be relieved, but I'm worried about the change on the I-485 - is that normal?

Yes, it is normal, same exact thing happened to us.

[jedfe 2]

Yes, it is normal, same exact thing happened to us.

Thank you so much!!!!

[greenie80 3]

Thank you so much!!!!

Your IO sounded just like mine lol which office are u from?