AOS Pending - Received RFE for F1 Student who is Married to US Citizen

[Dominique44 0]

Hello, I am wondering if someone with knowledge and experience can help clarify my question regarding RFE received on pending AOS case. I am the petitioner/wife (US Citizen) and this is for the beneficiary, my spouse my husband. Here is the brief timeline and situation:

 

• May 23, 2013 - Husband came here as a F1 student from Gambia, West Africa to JFK. His uncle was sponsoring his education. He was temporarily staying with a cousin until it was time for him catch the next flight for him to Texas.
• June 6, 2013 - Must report to school in Texas. Stated on certificate of Eligibility. 
• Found out a couple days after arrival in the USA that his uncle/financial sponsor had serious trouble with his oil company and was unable to send money for his next flight and tuition for school for the next month or so. 
• My husband quickly contacted the school and they told him that he needed to get the next flight back to Africa without giving him any option or information or any grace period to get tuition money them or reapply for another semester. The coordinators at the school where new and didn't know anything about that. 
• Husband was unfortunately stuck in the country with small cash flow until his uncle was able to send him more. Family he was staying with could only help but so much and not enough for a flight back to Africa or to even the school.
• His Uncle's financial trouble continued on for a few more months. 
• He meet me in September 2014. 
• We decided to get Married in September 2015
• I submitted concurrent filing of forms I-130, I-485, I-765 to USCIS and it was received by their office on March 28, 2016
• Received initial interview letter in December 2016 for our interview to take place on January 4, 2017.
• Interview went well as far as showing bonafide proof of marriage and relationship through the year. They asked how he came into the country and informed them about the F1 visa. They started asking about the question about start and finish date of school. He stated to them he did not attend. They asked why he wasn't in school and he clearly stated "Due to financial hardship that his uncle was not able to send him his money for tuition."
• After the interview was finished we received a "Notice of Interview Results"  from the immigration officer that read: "Your case is being held for review. At this time, USCIS does not require any further information or documents from you. Should further information or documents be required, you will receive a notice in the mail. We may also schedule you for another interview, you will received a notice in the mail. Otherwise, a final decision will be mailed once your case is complete."
• January 27th, 2017 we received a "Request for Evidence" letter stating:

"On January 4, 2017 you appeared for an adjustment interview. During the interview you stated that you entered the United States on May 26, 2013 with the intention of attending _______College in Texas. Per our records you status was terminated because you were not registered 60 days after program start date. 

Submit evidence that proves you attended _______ College. This includes, but is not limited to:

• certified school transcripts
• a letter from the records department on school letter stating the dates that you enrolled....
• tuition bills, or
• other documentation that show you attended the school

 

Some how the immigration officer we interview with didn't put that he DID NOT attend the college. Now we our stuck trying figure what to do next. Our option at the moment is to getting a letter from his uncle stating the financial hardship and attaching it with the certificate of eligibility showing them that it was definitely intent to attend school but due to this unexpected life event he was stuck here trying to get back into school. We really can't get anything from the school since he was not physically there to register. We know it doesn't look good but we don't have any other option at this point. He actually still wants to attend school but must wait until he is permanent resident. We are thinking getting a lawyer but also worry it might be a waste of time. Please Help  

 

 

 

 

 

Edited January 28, 2017 by Dominique44
change in title

[Ben&Zian 4,398]

It sounds like they want everything possible. He came as an F-1 student, but never even made it to the school. For USCIS that probably is awfully suspicious regardless of the "financial hardship" as that is none of their concerns. Once he did not enroll in the school, after the timeline his visa was canceled. I think they are fishing to see if he ever actually intended on school or not. 

[Dominique44 0]

n/a

Edited January 28, 2017 by Dominique44

[Dominique44 0]

5 minutes ago, Ben&Zian said:

It sounds like they want everything possible. He came as an F-1 student, but never even made it to the school. For USCIS that probably is awfully suspicious regardless of the "financial hardship" as that is none of their concerns. Once he did not enroll in the school, after the timeline his visa was canceled. I think they are fishing to see if he ever actually intended on school or not. 

His Visa does not expire until May 2017. Do you think that will make difference in the case? He was really stuck here. He couldn't even get money for a plane ticket back if he wanted to. 

[Ben&Zian 4,398]

Again they are finding it funny, with the "financial hardships" somehow he managed for over 2 years with some friends, without working illegally, to survive; but could not manage to get money for a one way ticket home.

 

Again they are fishing, and it is a bit odd honestly; two years is a long time to sit and not do anything or keep trying to get home..

[Ben&Zian 4,398]

6 minutes ago, Dominique44 said:

His Visa does not expire until May 2017. Do you think that will make difference in the case? He was really stuck here. He couldn't even get money for a plane ticket back if he wanted to. 

Also, from reading a couple different articles/sites to F-1 status', he technically only had a legal status in the US while he was enrolled as a full time college student, since he never enrolled, the visa had no status technically. Regardless of the expiration date.

[Dominique44 0]

1 minute ago, Ben&Zian said:

Also, from reading a couple different articles/sites to F-1 status', he technically only had a legal status in the US while he was enrolled as a full time college student, since he never enrolled, the visa had no status technically. Regardless of the expiration date.

Wow so that would make matters worst his situation? 

[Ben&Zian 4,398]

3 minutes ago, Dominique44 said:

Wow so that would make matters worst his situation? 

Yes, as he never ever technically had a legal status in the US regardless of coming in on the F-1 originally. that's my understanding anyways, without ever having enrolled at all in the college as a full time student, he abandoned any status he would have had. At that point he needed to leave; but he stayed.. I think this is where USCIS is now finding you to be at, and it may not be a good situation. It may be forgiven/forgotten; but they basically are aware it seems he never even had a status in the US because he never attended the college at all.

 

Honestly I don't know where you can go from here with this. Keep going through the process with USCIS until they make a decision, get  legal assistance, or maybe someone here on VJ can assist further. Hopefully you both can get it resolved.

Edited January 28, 2017 by Ben&Zian

[Dominique44 0]

1 minute ago, Ben&Zian said:

Yes, as he never ever technically had a legal status in the US regardless of coming in on the F-1 originally. that's my understanding anyways, without ever having enrolled at all in the college as a full time student, he abandoned any status he would have had. At that point he needed to leave; but he stayed.. I think this is where USCIS is now finding you to be at, and it may not be a good situation. It may be forgiven/forgotten; but they basically are aware it seems he never even had a status in the US because he never attended the college at all.

Understood. Do you think it would be best to get a lawyer? 

[Ben&Zian 4,398]

I myself won't advise either way right now. I'm not all too familiar with how USCIS reacts to these types of cases (im sure they have seen it before). I would supply them all the information you can give, or re-iterate that he never made it to the school again and see how it goes... If things turn sour, then yes get legal aide.

[Dominique44 0]

Just now, Ben&Zian said:

I myself won't advise either way right now. I'm not all too familiar with how USCIS reacts to these types of cases (im sure they have seen it before). I would supply them all the information you can give, or re-iterate that he never made it to the school again and see how it goes... If things turn sour, then yes get legal aide.

Thank you. 

[caliliving 606]

I would get a lawyer or talk to someone...his visa in his passport is irrelevent since he never attended school.

How old are u? Are u alot older then him

[caliliving 606]

I would get a lawyer or talk to someone...his visa in his passport is irrelevent since he never attended school.

How old are u? Are u alot older then him.

There are alot of red flags in the caze and he is from a high fraud country snd he never attended school... 

[Dominique44 0]

20 hours ago, caliliving said:

I would get a lawyer or talk to someone...his visa in his passport is irrelevent since he never attended school.

How old are u? Are u alot older then him

Yeah that is what we are going to do. No i am not. He is one year old then me. We are in our 30's.

[Miggel95 1]

Greetings.

 

He needs to contact the college where he applied for ,I believe in order to be addmited there must be a record of an application that was sent to this college by your husband, he needs to gather  any record that would show his interest of attending this school (E-mail, stundent ID number, letters, anything that connects him to this university) even thought he never officially enrolled,  he was admitted by an USCIS officer  and officially inspected in the airport , , ,with that said he came into the country LEGALY so he can adjust his status they just want to make sure that his intention was to attend school prior to your marriage, I would highly recommend the assistance of an immigration attorney before you submit any document.