I 485 and I 130 denied; help please!

[aaron2020 11,651]

Follow-up question: can USCIS ask about such intimate details? If in my interview they ask about sex, I will opt out of those questions. I do not believe such private matters need to be revealed to qualify my marriage as valid. Do we ever practice intimacy? Yes. More details of our intimate physical habits are private.

Yes, it's legal for them to ask.

They can ask when and where. They aren't asking for specific acts

Ok questions. When did you last have sex? How often? Where?

Those are considered general questions that a real couple would be able to disclose in a confidential meeting. Questions that a fake couple may make a mistake on.

No one is going to ask about acts and sizes, etc. These would be highly inappropriate.

[Hypnos 6,577]

IOs will generally only get into those details when they already suspect that something is amiss and they're looking for anything to justify their concerns.

Refusing to answer would be tantamount to asking them to deny you on the spot.

[Nina and Erwin 16]

To the moderator: I think this topic should be pinned. Recently, there were several topics discussing coming to US and getting married on VWP. People should know what type of risks they have. OP, no offence, I wish you all the best and hope everything will work out. However, this would be a good discussion for other people to see when they are deciding on coming on VWP and trying to adjust status. Best of luck to you!

I would like to say that I agree with you San Diego.... I think that if I would have read this first.. before our situation that my HUSBAND.. ( from Belgium / Netherlands) would have went home before his overstay... Please pin this topic (just my opinion).

To the OP, I wish you the best... We have been almost EXACTLY where you are (overstay, children and all).. and everyone here would agree that know us. Consult an Attorney it was the best thing we could have done.

[Ozz777 23]

Follow-up question: can USCIS ask about such intimate details? If in my interview they ask about sex, I will opt out of those questions. I do not believe such private matters need to be revealed to qualify my marriage as valid. Do we ever practice intimacy? Yes. More details of our intimate physical habits are private.

Good luck with that.

[Ebunoluwa 6,136]

Follow-up question: can USCIS ask about such intimate details? If in my interview they ask about sex, I will opt out of those questions. I do not believe such private matters need to be revealed to qualify my marriage as valid. Do we ever practice intimacy? Yes. More details of our intimate physical habits are private.

Then you will opt yourself out of a visa.

[Ebunoluwa 6,136]

1. Consult attorney.

2. File CR1 if attorney can't do anything else.

I can honestly see how the stokes can go wrong, it is like the the newlywed game ! Just because a couple remembers differently does not necessarily make it a sham. When you are nervous it just adds to the memory issue.
Some people suggest keeping the answers short and to the point.

I would prefer elaborating on the circumstances a lot more, surely when doing so the CO could have pulled the lose ends together.

Example with the birthday: Had you both explained the actual b'day and the day of the party after your initial answer it would have painted

the complete picture. What is done is done.

Sorry, hope this can be resolved and best wishes !

[sparkling 0]

I guess talking about my sex life will be a requirement at the initial interview? This just seems wrong. Maybe if we're forced to proceed to a Stokes interview it would be understandable content. But I still believe it's overkill and unnecessary when there's plenty of other evidence.

[Harpa Timsah 13,258]

I guess talking about my sex life will be a requirement at the initial interview? This just seems wrong. Maybe if we're forced to proceed to a Stokes interview it would be understandable content. But I still believe it's overkill and unnecessary when there's plenty of other evidence.

No, as Hypnos already said, they only ask these things if they suspect fraud already. It's generally not a topic covered at an initial interview.

[Ozz777 23]

I guess talking about my sex life will be a requirement at the initial interview? This just seems wrong. Maybe if we're forced to proceed to a Stokes interview it would be understandable content. But I still believe it's overkill and unnecessary when there's plenty of other evidence.

My point to you was, you are setting yourself up for failure if you go into a visa interview predetermining what you will and won't talk about.

As the others have said, if your case is legitimate and strong, and you have gone about the process in the right way, these kinds of topics will never come up.

[Darnell 8,478]

Visa Interview -> US Embassy, IV Unit, overseas

Green Card Interview -> Local USCIS Office, inside the USA.

Usually, a stokes interview requires two humans, the petitioner and the beneficiary. We not read of Stokes Interviews or Mini-Stokes interviews at the US Embassy IV Units, save for Ecuador.

So, bear in mind, an interview for a visa is rarely the same as an interview for a green card. Is different branches of the US Government digging in your stuff, and they have different regs to go by. There is a lot of commonality coming in from 9 FAM, so don't discount that stuff.

[Pacal 0]

Hi,

The thing with VWP is that overstay under this program can automatically bar you in some states While in other you may be granted Adjustment without any problem.

New York is one of those states where the precedence grants that a Overstay from a VWP country can adjust status normally. Frankly i don't know about other state in particular.

It could also be that in the interview you somehow indicated that you where planning to marry and stay when you last entered the US. That is a Denial Question.

You should definitively contact an Attorney ASAP! and Appeal! Otherwise, i believe you may be barred from re-entry for a while and consular processing ( which takes about 8 months) will not help you overcome a bar.

About the Interview, Next time put your story in order before going to an interview no matter if it was true or not true, just say the same version. Immigration Officers don't care if your marriage is real; they just want you to prove it as real. Don't suppose that if your marriage is real you won't have any problems.

I'm not an attorney, i'm a Immigration Law Clerk and this comes from my personal and work experience.

There is always a way of how solving a problem, Don't Worry but Please Be Cautious.

[Hypnos 6,577]

US immigration law is federal so it applies everywhere across the country. Any overstay for immediate relatives of a US citizen (spouse of, parent of, minor child of, widow/er of a US citizen) is not penalised at adjudication.

There was one issue where the San Diego USCIS office was routinely denying AoS applications from VWP overstays, but that was stepped on by people higher up in the food chain, and now the same law applies there as applies anywhere else. NY is no exception.

[Frannie85 0]

So I called USCIS and they said I should file a new I -130 and once they receive it I can file a I-129F for K3/K4 and he may be able to come to the states during processing. Has anyone heard of this? He's my husband and not my fiancé.

[Hypnos 6,577]

The K-3 is, for all intents and purposes, dead. They were a holdover from when CR-1 / IR-1 visas used to take much longer to process, and so people would be able to enter the country on a K-3 and "wait out" the time until their immigrant visa was ready. Today, the time to process immigrant visas is much shorter, so a K-3 is almost always administratively closed by the NVC.

In short, it's not an option.

[Frannie85 0]

If that's the case, would it be unwise to try the visa waiver route? He can at least be here for 3 months.....