Notice of intent to deny... what?!

[Suss&Camm 2,213]

14 minutes ago, banana_princess said:

You think those explanations are good enough? i hope so. What else can we do now except to say how it was lol

I'm also thinking we can get affidavits from friends/relatives who will say when exactly we moved in together. Our building janitor form 2013 moved to europe and besides he probably doesn't even remember us and especially doesn't remember the dates my husband moved in (it's a pretty big building), and the management company doesn't even know the exact date besides the one on the lease.

Yes, they sound like perfectly reasonable explanations...and some of them you can back up with what evidence you have, such as how you guys pay your cards etc... Affidavits can definitely be helpful in a situation like this.

[Suss&Camm 2,213]

4 minutes ago, caliliving said:

that is CRAZY!!! i wasn't on the lease, we dont have a joint bank account.. we do file taxes together and have photos.. geeze! u got one crazy IO officer!!!! 

u will get the GC its just going to take more time:/ this is pretty ridiculous! 

Right!? it's kind of unbelievable.... but I guess they have things they look for. Anyone who was trying to commit fraud would I'm assuming try to hide it, but there would be "tells". Many little things... but as banana_priness "little things" will add up and make sense with explanations, this should all work out as you say.

[sparkles_ 456]

You do realize that under normal circumstance, this probably wouldn't happen. IMO, all of this comes from the fact that your husband sponsored someone else, and was basically living with you while still legally married to that immigrant.....then turned right around and sponsored you. They think its a benefit exchange of some type so they are adding up all the tiny suspect dots that mean nothing on their own but maybe something all together

[Usagi_tsukino 89]

8 minutes ago, sparkles_ said:

You do realize that under normal circumstance, this probably wouldn't happen. IMO, all of this comes from the fact that your husband sponsored someone else, and was basically living with you while still legally married to that immigrant.....then turned right around and sponsored you. They think its a benefit exchange of some type so they are adding up all the tiny suspect dots that mean nothing on their own but maybe something all together

I don't know. So you are saying they are not checking people this carefully if it's their first marriage to an immigrant? If it was his first marriage they wouldn't care about all these stuff?
But the first marriage was real, seems like they don't doubt at least that (and she was not out of status before). The fact that he was living with me while still legally married in my eyes only means that our marriage is definitely real as well - i mean, he wouldn't leave his wife just to help someone else right? Lol But yeah, who knows, may be they think someone would.

Edited March 1, 2017 by banana_princess

[sparkles_ 456]

1 minute ago, banana_princess said:

I don't know. So you are saying they are not checking people this carefully if it's their first marriage to an immigrant? If it was his first marriage they wouldn't care about all these stuff?
But the first marriage was real (and she was not out of status before). The fact that he was living with me while still legally married in my eyes only means that our marriage is definitely real as well - i mean, he wouldn't leave his wife just to help someone else right? Lol But yeah, who knows, may be they think someone would.

It is the short timespan between them and the overlap of him being with you while still legally tied to her. People sponsor second immigrant spouses often. I think you guys can overcome it but you're going to have to work hard to get it. All of your explanations make plenty of sense, you just have to explain them to the right people in the right way.

[Usagi_tsukino 89]

22 minutes ago, sparkles_ said:

It is the short timespan between them and the overlap of him being with you while still legally tied to her. People sponsor second immigrant spouses often. I think you guys can overcome it but you're going to have to work hard to get it. All of your explanations make plenty of sense, you just have to explain them to the right people in the right way.

Thanks : ) hopefully it will get approved after we send the response and i won't have to work without authorization while appeal is pending  

[sparkles_ 456]

12 minutes ago, banana_princess said:

Thanks : ) hopefully it will get approved after we send the response and i won't have to work without authorization while appeal is pending  

Girrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrl don't say that, it wont come to all that hopefully.

 

Did you file a renewal EAD? A new law is in play that says you can work for 6mo after your EAD expires as long as you include the NOA showing you are waiting on the renewal along with it. If you need the PDF about it from USCIS, I can post it.

 

 

[Usagi_tsukino 89]

Just now, sparkles_ said:

Girrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrl don't say that, it wont come to all that hopefully.

 

Did you file a renewal EAD? A new law is in play that says you can work for 6mo after your EAD expires as long as you include the NOA showing you are waiting on the renewal along with it. If you need the PDF about it from USCIS, I can post it.

 

 

Mine is good until august, so i'll file for a 3rd one in 2 months. But i heard if AOS is denied EAD is revoked, right?

[sparkles_ 456]

3 minutes ago, banana_princess said:

Mine is good until august, so i'll file for a 3rd one in 2 months. But i heard if AOS is denied EAD is revoked, right?

I do not know if it is revoked or if it is just allowed to expire.

 

Be positive, you guys are probably not going to be denied.....but you should buckle up for a bumpy ride until approval. And God forbid, worse of the worse is that you are denied and you re file the complete AOS packet ASAP but much stronger and get another EAD that way. 

Edited March 2, 2017 by sparkles_

[Usagi_tsukino 89]

4 minutes ago, sparkles_ said:

I do not know if it is revoked or if it is just allowed to expire.

 

Be positive, you guys are probably not going to be denied.....but you should buckle up for a bumpy ride until approval. And God forbid, worse of the worse is that you are denied and you re file the complete AOS packet ASAP but much stronger.

Re-filing would be another option (instead of appeal), yes, just more expensive one. I don't see how it could be stronger though (we are not going to have a kid because of uscis! lol), seems like all they are unhappy about is what happened 3 years ago - which we obviously can't change. Besides those few credit cards where we added each other as authorized users, but then they will be like "why you didn't do it the next day you got married" ahahaha

Edited March 2, 2017 by banana_princess

[sparkles_ 456]

Just now, banana_princess said:

Re-filing would be another option (instead of appeal), yes, just more expensive one. I don't see how it could be stronger though, seems like all they are unhappy about is what happened 3 years ago - which we obviously can't change. Besides those few credit cards where we added each other as authorized users, but then they will be like "why you didn't do it the next day you got married" ahahaha

You would have another 6mo-1yr to get more joint documents going....more credit cards, more joint things like gym memberships, more photos with family and on key dates. You can't change the past but you can make your present dealings look good enough that they only glance at the past so to speak.

[Usagi_tsukino 89]

7 minutes ago, sparkles_ said:

You would have another 6mo-1yr to get more joint documents going....more credit cards, more joint things like gym memberships, more photos with family and on key dates. You can't change the past but you can make your present dealings look good enough that they only glance at the past so to speak.

aaaah you are right, i don't even want to think about it Lol. I'm hoping we can go see my family by fall (according to my math if everything goes fine (response in a month-> i-130 approval in 2 months-> biometrics/medical 1 month-> i-485 approval in 2 months)  i should get GC by fall. It's already 2 years late damn it, we could have get approved in august 2015 

[caliliving 606]

1 hour ago, banana_princess said:

aaaah you are right, i don't even want to think about it Lol. I'm hoping we can go see my family by fall (according to my math if everything goes fine (response in a month-> i-130 approval in 2 months-> biometrics/medical 1 month-> i-485 approval in 2 months)  i should get GC by fall. It's already 2 years late damn it, we could have get approved in august 2015 

If you respond to the noid it can take another 3 months to get back to u!! ahhh:( im sorry you are going thru this!

its so hard when like you are always with your husband and n o family around, like how do you get photos with other people? LOL! 

think of any photos.. ANYTHING! do u have any friends that may have taken photos? i highly suggest you get affadavits.. they will prob do a visit at some point!  you WILL get it!! if you had to go in front of a judge (worst case scenario) he would never deny your case! it is crazy, i see so many obvious fraud marriages (20yr old man marrying a 50yr old american woman) and they have no problem and i always shake my head!

 

i think the short time frame and the mess up on your application made them pay more attention to it!  

 

[Usagi_tsukino 89]

36 minutes ago, caliliving said:

If you respond to the noid it can take another 3 months to get back to u!! ahhh:( im sorry you are going thru this!

its so hard when like you are always with your husband and n o family around, like how do you get photos with other people? LOL! 

think of any photos.. ANYTHING! do u have any friends that may have taken photos? i highly suggest you get affadavits.. they will prob do a visit at some point!  you WILL get it!! if you had to go in front of a judge (worst case scenario) he would never deny your case! it is crazy, i see so many obvious fraud marriages (20yr old man marrying a 50yr old american woman) and they have no problem and i always shake my head!

 

i think the short time frame and the mess up on your application made them pay more attention to it!  

 

I'm giving them 60 days before going back, no 3 months no no no! They already had 2 years  and what kills me - why they didn't mail this notice? Were they expecting us to come in person?
I think we have quite a few pictures with friends. I don't know may be they are lost somewhere on my fb or may be i never posted them (of course, i just didnt think it would matter one day ), but i know we do (caliliving seen my fb, just to clarify to everyone). Except sometimes my husband is not very social lol and is standing somewhere on the side and im in the middle, would uscis think this looks suspicious too?   We have normal ones too, from weddings and other people's b-days, and we already submitted some of them. 
You are right - i am always with my husband, we literally haven't separated for longer than a few hours since we moved in together (over 4 years), and then you read this notice saying "failed to establish married life" really? lol such a nonsense! And yeah, one of my friends did not have a lease like you and they had no problems. I don't know, the other marriage could be a reason, but i have been googling a lot about it and seems like it wasn't a problem to other people. People have all kinds of crazy stories, way crazier than two marriage close together. Why us!  On the other side, i also came across stories without any other marriages, like a couple had similar problems and a home visit because the husband's name was written with a pen on the lease and the wife's was printed. That was the "official" explanation from the officers.

Edited March 2, 2017 by banana_princess

[Usagi_tsukino 89]

So, i don't know. My main guess is that they probably just do this "super extra additional screening" on some applications, may be randomly, just in case. They probably can't spend two years checking every application, but some unlucky ones have to go through this. Even them taking so much time could be a part of it - may be they want to see if people will withdraw the application when they see that it's not working, who knows. But may be i'm wrong, just guessing. For example, if we had photos from every halloween but didn't travel together - they could have asked "why didn't you travel anywhere?". There is alway something that can be found.

Edited March 2, 2017 by banana_princess