Oath and Affirmation

[bryane1 7]

According to the I -485 Instructions,quote; "

After you file your application, you may be notified to appear

at a USCIS office to answer questions about the application.

You will be required to answer these questions under oath or

affirmation."

If an IOS asks you questions to which you answer without giving you the oath or affirmation, is any decision they make based on your answers legal?

Edited April 23, 2014 by bryane1

[Harpa Timsah 13,258]

Hmm? They have the power to approve or deny you based on your answers. It is legal.

Is that your question?

[bryane1 7]

yes it is

[Harpa Timsah 13,258]

The oath or affirmation thing means like a court of law. You answer the questions and swear or affirm that your answers are the truth. Then if they are lies you have further repercussions for them then just telling a lie to a random person. Sort of like a perjury.

Some religions don't like to make "oaths" or "swears" so the law allows them to "affirm."

[bryane1 7]

I am sorry I am fully aware of what an Oath or affirmation means....The question I am seeking an answer to, is is their decision legal having failed to give the oath or affirmation as it is a matter of procedure.

Edited April 23, 2014 by bryane1

[Harpa Timsah 13,258]

If they fail to tell you that it is under oath, it is legal?

Don't know, every interview review I have read starts with a "swearing in" of the people.

[CanGirl 95]

You're asking, if the person did not do the oath or affirmation is the decision made by the officer legal? Yes it is legal. They make the final decisions, whether you do the oath or not. They are also trained to tell if a person is lying.

Edited April 23, 2014 by CanGirl

[aussie_jason 195]

Are you looking for some sort of loophole to get your denial overturned (due to you filing AOS before you were actually married)? I didn't think your case even made it to the interview stage so I can't see how it would be relevant.

[bryane1 7]

You're asking, if the person did not do the oath or affirmation is the decision made by the officer legal? Yes it is legal. They make the final decisions, whether you do the oath or not. They are also trained to tell if a person is lying.

Well if it is legal why the requirement of us to give our answers under oath or Affirmation, your arguement makes no sense,sorry

[CanGirl 95]

Well if it is legal why the requirement of us to give our answers under oath or Affirmation, your arguement makes no sense,sorry

So that you don't lie to them. So that if you do lie there are legal consequences...

Not everyone even gives the oath. Sometimes they don't have to or the officer forgets to make them do it.

Read the consulate reviews and you will see.

[bryane1 7]

Yes I have had my interview and still not recieved my official notice of denial and I believe it is up for reconsideration

Edited April 23, 2014 by bryane1

[Harpa Timsah 13,258]

You were ineligible for AOS when you filed. No wiggling out of what oath you were given can change that fact. If that is what this is about.

You were not yet qualified for any of eligible reasons to file AOS when you did.

[bryane1 7]

yes I was under the perception of fear of deportation as explained in my letter to the NBC who processed my file at their end and sent a completed file to the field office once they had my marriage ceriticate.

[UK-USA-K1 128]

Well if it is legal why the requirement of us to give our answers under oath or Affirmation, your arguement makes no sense,sorry

The oath has NOTHING to do with your approval or denial. The Oath you swear would only come into play if they find out you lied to them. If they don't give the oath and they try to persecute you for perjury or some other similar issue, your lawyer may have a loophole. As long as you don't actually lie during the process the oath doesn't matter one iota.

[Jon and Krissy 452]

According to the I -485 Instructions,quote; "

After you file your application, you may be notified to appear

at a USCIS office to answer questions about the application.

You will be required to answer these questions under oath or

affirmation."

If an IOS asks you questions to which you answer without giving you the oath or affirmation, is any decision they make based on your answers legal?

Yes. USCIS holds all the cards. This isn't Boston Legal or Perry Mason where you're going to be victorious on a technicality. This is an administrative proceeding where they control the game entirely.