AOS inteview, case is being held for review important note

[mtig 0]

Hello,

Yesterday me and my wife attended to the interview at USCIS office.

The interview basically went well as far as i can guess right now, but there's an important thing which i wanted to listen your opinion about or maybe someone have case similar to ours.

I came to US via green card (lottery)

Before attending the green card interview in my country and eventually receiving a visa i met my future wife who wanted to go abroad and continue her education. I went to US and then went back to my home country in order to continue our relationship. Soon after that my future wife applied for a Master program in Fine Arts in the United States and was accepted to the university. At that time we were already living together.

Prior her arrival to the US i came first in order to find a job and to be able to pay for her education as we decided to do it ourselves rather than asking parents to do that. She came in USA in August 2012 and before New Year we decided to get married, i talked to her father about that and they were ok with that union as they already knew me for almost 2 years.

So we married in February 2014 and i submitted a petition at the end of May 2013. Petition was approved around September 2013 and then we proceeded with the next steps like filing I-130, I-485 and other related forms.

So, going back to the interview process. We didn't get approval instantly (even though we submitted plenty of proof of bona fide marriage, whcih included joint accounts, phone bills, phone calls to each other, tenancy agreement, life (my wife as a beneficiary) and medical insurance) and the IO gave us the paper which stated that our case is being held for review etc...

My question is following: Is it possible that they could deny our application because they may see an intent for my wife try to immigrate to the US because i got my green card approximately at the time?

We are kind of in frustration now and stressed out by that situation, and i'd like to hear you opinion on that case.

Thank you.

Edited April 3, 2014 by mtig

[Akals78 13]

You will be fine unless something was overlooked at the I 130 stage. If your I 130 went trhough with all the required documents marriage certificate etc and your wife does not have issues here, and all the details that were collected in the initial consular processing for both of you are good, then you should not be worried. So did you file as an LPR or had you already naturalized thus filing as a USC?

In other words fix your time line!

Edited April 4, 2014 by Akals78

[mtig 0]

You will be fine unless something was overlooked at the I 130 stage. If your I 130 went trhough with all the required documents marriage certificate etc and your wife does not have issues here, and all the details that were collected in the initial consular processing for both of you are good, then you should not be worried. So did you file as an LPR or had you already naturalized thus filing as a USC?

In other words fix your time line!

Thanks for your answer. When i submitted the I-130 it was fine and it was approved 3 months after i submitted it, i pretty much gave all the documentation that was required, of course including marriage certificate at the time of I-130 submission.

We filed the case for AOS for my wife me being a LPR since 2011 and we do not have any issue here, nether legal nor personal.

I'll fix my timeline today as soon as i got home to find papers with dates

Edited April 4, 2014 by mtig

[Akals78 13]

Since your wife knew you before entering the US the only issue would be if she entered on a tourist visa. Then the perception is she used the tourist visa conveniently to come then get married otherwise if she came on a student visa that should not be a problem. By the way if she entered the US with a temporary visa like a tourist visa and she did not even know you in the first place that would still work. The only thing that stands out is you knew each other before immigrating but looks fine in my opinion.

Edited April 4, 2014 by Akals78

[PallasAthena 101]

You are fine. You can proceed with the status adjustment. Best of luck!

[mtig 0]

Thanks for the answers. I've read about the problems when people enter US on a tourist visas and stay which is not our case. Let's wait and see how the final decision is going to be. I hope it will be approved so we could go to our home country together to see our relatives and friends... fingers crossed..

Edited April 4, 2014 by mtig

[KayDeeCee 4,896]

~ Moved from AOS from Family Based Visas to Bringing Family Members of Permanent Residents to America ~

[mtig 0]

~ Moved from AOS from Family Based Visas to Bringing Family Members of Permanent Residents to America ~

I think this is not the right forum, because there's no bringing family members to America. My wife is already here.

[Me_Theo 25]

is your wife still student ? or she has U.S university degree now ? Did she finish her course in University?

Edited April 4, 2014 by Me_Theo

[mtig 0]

is your wife still student ? or she has U.S university degree now ? Did she finish her course in University?

She is still student. She'll be studying for next 1.5 years

[Me_Theo 25]

She is still student. She'll be studying for next 1.5 years

Then i don't think, there is wrong in her file to take her green card.

Have a hope and just wait. till now everything looks okay.

One more question, How many years you had a LRP (have agreen card) before she arrive in U.S and you marry with her?

Edited April 5, 2014 by Me_Theo

[KayDeeCee 4,896]

I think this is not the right forum, because there's no bringing family members to America. My wife is already here.

I put it here because this is the forum where similar topics have been placed for filing a petition for the F2A(spouse of LPR) category, even when the person is currently in the US and their visa number is current and they file for AOS. However, if your spouse is adjusting status from student visa, I can move this thread to the appropriate AOS forum for that. I think it fits here or there. The family based one you first posted this in was not the correct one for your situation.

As long as she maintained her non-immigrant status, she was eligible to file for AOS with an available immigrant visa number based on the approved I-130 you filed for her.

[mtig 0]

Then i don't think, there is wrong in her file to take her green card.

Have a hope and just wait. till now everything looks okay.

One more question, How many years you had a LRP (have a green card) before she arrive in U.S and you marry with her?

I had it for ~1.5 years

[Me_Theo 25]

I hope your wife get her green card soon.

in my opinion,

In normal time for giving the green card by marraige ( out of the border ) They give during 2-3 years. Also if we think USCIS accept her AOS as a person marraige with green card holder person.then :

Your marriage : Feb/2014

then her green card should be : feb/2016- feb/2017

Also we know she was in U.S, with not good visa for marry and your green card was very new too. Then may be they want wait untill your green card gets a little older and they see your marriage will work for 2 years or no .

She still has her student visa then They will not hurry to give her green card. Also your country and her country is important to officer's deiceds.

But every thing will depend to the officer's opinion , may be she/he deiced to give your wife green card next week.

After inteview what did he/she say to you?

Edited April 6, 2014 by Me_Theo

[mtig 0]

We actually married in feb 2013, sorry I mityped the year

They gave us the paper where it was checked: "Your case is being held for review....etc..", nothing in particular was mentioned