Notice of intent to deny... what?!

[Hypnos 6,576]

It's usually best not to get short with someone who is holding your future status in this country in their hands.

[Transborderwife 4,666]

Once again, i didn't misinterpreted anything. What does it have to do with being a us citizen? Am i supposed to jump and smile like a trained seal in front of them just because i was born without some piece of paper? I did not talk back, but i expressed my anger, i have a right to do that, i am a human. They made a mistake. Few times, by the way, since they want to deny a legit case.

Oh, and I never said that i wasn't polite about it. Everything was fine.

PS. I don't want to fight with you guys, so lets just let it go. Since the fact that the officer personally doesn't like me (as i think) should not be affecting the decision, right.

you were in the wrong plain and simple.

[piff 46]

Hi guys! I thought i'll start a new topic because i want some opinions.

For details please see my signature.

First of all i want to say that our marriage is real. Seriously.

Today, December 27 2016, a year and 4 months after our initial interview, we had a stroke interview. The interview was about i-130. What did not match:

1) I have a day time job and i sometimes babysit for my neighbor, i didn't babysit for over a month and i don't get paychecks from this so i didn't even think of mentioning it, but my husband mentioned it. We both names my "main" job correctly.

2) He has two different positions at his job, i was asked how much he makes, i remembered how much he makes at one position but forgot about the other, i did say that he makes more at the other but i don't remember how much. He just said he makes xx$ as *his second position", since he works this the most.

3) i totally forgot his appendix scar, i did name other stars/tattoos. He named all of mine as well.

Thats it. Everything else was perfect and these mismatches can be easily explained (we were not given a chance though). At the end the officer said that she will send a Notice of intent to deny. I don't get it, neither does our lawyer. The lawyer asked why, but the officer said to wait for the notice. The lawyer thinks there might me something else on i-130 but there is really nothing, i can't think of anything. Besides, if there is something else, why wasn't it brought up at the 2nd interview?

So, do you think we will get the notice just because of those mismatches? Anyone else was in a situation like this, i mean when it was a real marriage, no law violations or anything like that?

We did submit evidences (joint accounts, lease, bills,photos, plane tickets etc). Twice, since out case was forgotten about (or lost?) - see aug 9 2016 in my signature.

Thank you for your opinions.

which office has this whole thing been going on with? I have a friend who is married and her story is 100% identical! They are in Fairfax, VA

[Suss&Camm 2,213]

OP asked to let it go. How is it productive for ppl to keep telling her she shouldn't have done that? It's most likely NOT the reason they got the NOIR and she can't change it in any case.

[Prystine 184]

You won't really know what the reason is until you get the NOIR/NOID in the mail. Hopefully, it's something that you can fix relatively easy. Best of luck to you.

[grumpybrit 22]

Once again, i didn't misinterpreted anything. What does it have to do with being a us citizen? Am i supposed to jump and smile like a trained seal in front of them just because i was born without some piece of paper? I did not talk back, but i expressed my anger, i have a right to do that, i am a human. They made a mistake. Few times, by the way, since they want to deny a legit case.

Oh, and I never said that i wasn't polite about it. Everything was fine.

PS. I don't want to fight with you guys, so lets just let it go. Since the fact that the officer personally doesn't like me (as i think) should not be affecting the decision, right.

Interestingly I was reading of someone else the other day that had issues after getting angry with a USCIS representative. Perhaps this has more of an impact than it really should. For my part, I suggest smiling and jumping like a trained seal until you get the piece of paper, that is what I fully intend to do. That piece of paper is not a right, it is a privilege that is earnt.

[Mollie09 1,543]

Interestingly I was reading of someone else the other day that had issues after getting angry with a USCIS representative. Perhaps this has more of an impact than it really should. For my part, I suggest smiling and jumping like a trained seal until you get the piece of paper, that is what I fully intend to do. That piece of paper is not a right, it is a privilege that is earnt.

As much as I hate this, it's true. Even though it shouldn't matter how much they like you, I'm sure it does on some level. Let's not forget these are government employees here.

I don't do it any other time, but for USCIS I play dumb, I play nice, I smile and thank them for the incorrect information or for being jerks and move on. And then b*tch about it here.

Edited December 28, 2016 by F1H1I130

[Amy_and_Victor 159]

It doesn't look to me like there is a clear one reason for possible denial in your story but may be all these little issues accumulated into snowball that was big enough to cause a problem?

1) You had been out of status for a year. Not a big deal in most of the cases but something to remember.

2) You had been living with USC for 2 years while he still was legaly married to another immigrant and you married him only a few months after his divorse. As I remember from some stories, USCIS really doesn't like such patterns in general and sometimes giving people hard time for it. Idk but if you started dating before USC even got a separation, it looks bad for USCIS and can cause some problems.

3) You had not matching answers to a few very basic questions during interview. I mean they're very basic, I've read of stoke interviews where couple was asked about each other's toothbrush color. May be your interview was easy because officer didn't feel like going deeper after you couldn't match answers even about jobs and scars and they decided you don't know each other enough?

4) Your angry attitude during 2nd interview, even if you had very legit reasons to be mad. I don't think it's supposed to affect the decision unless you had been inappropriate, but I'm pretty sure it may and could affect the decision because interview is not simple test with checkboxes, personal opinion of the interviewer matters a lot, like anyone can be denied K-1 visa on the spot solely because CO personally doesn't believe that relationship is real or you're truthful, even if your papers a good.

Each of these situations alone doesn't look too bad for AOS but all together... not sure.

As of now I think you need to wait for USCIS notice and see what it says and if it can be appealed in some way.

- Victor from Russia

Edited December 28, 2016 by Amy_and_Victor

[Boiler 45,493]

So lots of issues, well that was a surprise. Why make people go dig for them?

[Usagi_tsukino 89]

which office has this whole thing been going on with? I have a friend who is married and her story is 100% identical! They are in Fairfax, VA

How's their case? We are in chicago.

[Usagi_tsukino 89]

It doesn't look to me like there is a clear one reason for possible denial in your story but may be all these little issues accumulated into snowball that was big enough to cause a problem?

1) You had been out of status for a year. Not a big deal in most of the cases but something to remember.

2) You had been living with USC for 2 years while he still was legaly married to another immigrant and you married him only a few months after his divorse. As I remember from some stories, USCIS really doesn't like such patterns in general and sometimes giving people hard time for it. Idk but if you started dating before USC even got a separation, it looks bad for USCIS and can cause some problems.

-No, we started dating after they separated. Plus, i don't really see a problem here, i kind of see the opposite. Like why would i marry someone who already was married and got someone else a gr if my marriage is just for gc, plus, get together with him when he is sill legally married? I don't know, may be I'm missing something here, would you mind to clarify how can this show that our marriage is not real? If anything i would say that their marriage wasn't the real one because he was with someone else when still legally married. But uscis seem not to have issues with their marriage.

3) You had not matching answers to a few very basic questions during interview. I mean they're very basic, I've read of stoke interviews where couple was asked about each other's toothbrush color. May be your interview was easy because officer didn't feel like going deeper after you couldn't match answers even about jobs and scars and they decided you don't know each other enough?

No, when the questions were over the officer did not know what answers we won't match. Plus again, we did not mismatch technically... I forgot 3 things, i didn't say them wrong.

4) Your angry attitude during 2nd interview, even if you had very legit reasons to be mad. I don't think it's supposed to affect the decision unless you had been inappropriate, but I'm pretty sure it may and could affect the decision because interview is not simple test with checkboxes, personal opinion of the interviewer matters a lot, like anyone can be denied K-1 visa on the spot solely because CO personally doesn't believe that relationship is real or you're truthful, even if your papers a good.

Well may be. The officer knows how mad we were, may be she didn't like that we insisted so much and were going there every two weeks. But what else were we supposed to do, turned out the officer forgot about our case, who knows if she would have remembered about it at all by now...

Each of these situations alone doesn't look too bad for AOS but all together... not sure.

As of now I think you need to wait for USCIS notice and see what it says and if it can be appealed in some way.

- Victor from Russia

Edited December 28, 2016 by banana_princess

[Usagi_tsukino 89]

So lots of issues, well that was a surprise. Why make people go dig for them?

Thats exactly why created this thread. Because i have no ideas what it could be, i wanted other people's opinions who are not involved in this case and i'm very thankful for them. I did not make, i asked. Politely

Edited December 28, 2016 by banana_princess

[Usagi_tsukino 89]

As much as I hate this, it's true. Even though it shouldn't matter how much they like you, I'm sure it does on some level. Let's not forget these are government employees here.

I don't do it any other time, but for USCIS I play dumb, I play nice, I smile and thank them for the incorrect information or for being jerks and move on. And then b*tch about it here.

Lol but they need to have a reason to deny to... they can't just say "i THINK their marriage is not real" right... they need to have their proof and we have ours.

It it's just those 3 questions we will explain them: basically I'm the one who forgot everything.

1) Forgot to mention my own "job", clearly that's not something about my husband, and he knew it, so... i can get a proof that i work there and explain why i didn't mention it (it's been a month, and its not like a real job... i don't get paychecks, i get extra cash from time to time, so i didn't even think about it when i hear "job")

2) Forgot to mention one scar, (given that i already forgot my own job i clearly have not the best memory, lol) i named all his tattoos right and he named all of mine (nothing)).

3) And yes, forgot his exact hourly pay at his 2nd position, but i knew that it's higher than the other one and i said that. We can get a letter from the employer too. And a copy of his check, like i said it does't say how much he makes hourly so i don't see it all the time... and his paycheck is always different. What do you think? (again, question to all of you)

In addition to that, we got other questions right. Does it really look that bad?

Plus submit affidavits (we didn't yet), i thought of photos from social media with peoples comments (we have quite a lot) and status updates where we mention each other/check-ins. And text messages between us.

Edited December 28, 2016 by banana_princess

[grumpybrit 22]

Lol but they need to have a reason to deny to... they can't just say "i THINK their marriage is not real" right... they need to have their proof and we have ours.

It it's just those 3 questions we will explain them: basically I'm the one who forgot everything.

1) Forgot to mention my own "job", clearly that's not something about my husband, and he knew it, so... i can get a proof that i work there and explain why i didn't mention it (it's been a month, and its not like a real job... i don't get paychecks, i get extra cash from time to time, so i didn't even think about it when i hear "job")

2) Forgot to mention one scar, i named all his tattoos right and he named all of mine (nothing)).

3) And yes, forgot his exact hourly pay at his 2nd position, but i knew that it's higher than the other one and i said that. We can get a letter from the employer too. And a copy of his check, like i said it does't say how much he makes hourly so i don't see it all the time... and his paycheck is always different. What do you think? (again, question to all of you)

Plus submit affidavits (we didn't yet), i thought of photos from social media (we have quite a lot) and status updates where we mention each other/check-ins.

No,

They can absolutely say that they think the marriage is not real. They do not need concrete proof, the burden of proof lies on you, not them. Remember at all times that you are the one asking for the privilege of moving to the USA and that you are the one who needs to prove things to them, not the other way around.

Also, I really do not think this is about the stokes interview questions, there was something not adding up before then to cause them to arrange a second interview and I would bet on it being a combination of you overstaying and his previous marriage.

[Usagi_tsukino 89]

Also, I really do not think this is about the stokes interview questions, there was something not adding up before then to cause them to arrange a second interview and I would bet on it being a combination of you overstaying and his previous marriage.

Ok, but we can't change the last two. So you think they scheduled the interview because of that, thats fine. But it means that want to deny us based on our answers? (Nothing related to my overstay or his marriage was asked)