Biometrics appointment for green card-immigration officer interrogated me about my marriage

[Ryan H 3,812]

Moved to Progress Reports.

[Cathi 5,755]

4 hours ago, Transborderwife said:

Are you certain that he was even aware that it was an employment based card?

That's what I was thinking, as well. Your marriage and whether or not you live with your spouse has no bearing on an employment based visa.  It sounds to me like the IO didn't know what type of visa you are adjusting from(he didn't bother to look closely at your file). I wouldn't worry about what happened today, I really wouldn't. You won't be denied and employment based visa because you and your husband don't live together. Best of luck and keep us updated.

 

[A'n'L 735]

Is your husband a derivative beneficiary of your AOS process, or is he doing his own? In the former case, I can slightly understand the CO's point about living together. Still, should be the husband to move to you not the other way around, since you're the one with a job that allows immigration).

[DrEllaNJ 288]

wow, sorry to hear about this experience. I totally get where you're coming from, in academia a LOT of people are in long-distance marriages since academic positions are hard to get ('two body-problem' etc). For people outside of academia who do not know this, they may see it as a red flag. I'd assume you should be able to overcome it with plenty of evidence like joint bank accounts, putting both names on (both) lease(s), evidence of spending time together (tickets, credit card purchases, photos together), power of attorney/living will documents, beneficiary on 401k, kids, etc.

 

As mentioned, you may not even need this since your AOS is employment-based, but this is just an fyi for people in this situation.

[ScarletNIW 5]

14 hours ago, Illiria said:

Gods that sucks, sorry. Totally understand not wanting to hang around.

 

For non case related complaints including rude treatment by uscis employee or sub contractor you can submit a complaint by Contacing USCIS offices, in-person or by mail. If at a USCIS office, contact a supervisor. (Addresses can be found at www.uscis.gov, under the “About Us” section.)

 

NCSC toll-free number: 1-800-375-5283

(TTY number: 1-800-767-1833)

 

This is from their own policy manual on the uscis website, it's a bit hard to navigate to the right bit so I copied it here. 

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume1-PartA-Chapter13.html

Thank you so much.

 

[ScarletNIW 5]

13 hours ago, Transborderwife said:

Are you certain that he was even aware that it was an employment based card?

At the beginning he thought I was a US citizen sponsoring GC for my husband (flattered he did not hear my accent!) then I explained him that I have an approved i140 and my husband is just following me but it did not help. He did not know anything about my case and that we have already included all the proofs he was mentioning, and he was just trying to guess the worst. He was not even very informed about immigration regulations because when he noticed that I have a I-612 approved he thought that I got a waiver for grounds of inadmissibility instead of the two year rule! 

[PhilLuv 43]

14 minutes ago, ScarletNIW said:

Thank you so much.

 

Sad one but what I would say is that there isn't any point sending in a complaint as whilst they may put it in the officer's file his/her colleagues may use it as a bases to delay processing your file. Remember they are close knit.

[ScarletNIW 5]

22 minutes ago, DrEllaNJ said:

wow, sorry to hear about this experience. I totally get where you're coming from, in academia a LOT of people are in long-distance marriages since academic positions are hard to get ('two body-problem' etc). For people outside of academia who do not know this, they may see it as a red flag. I'd assume you should be able to overcome it with plenty of evidence like joint bank accounts, putting both names on (both) lease(s), evidence of spending time together (tickets, credit card purchases, photos together), power of attorney/living will documents, beneficiary on 401k, kids, etc.

 

As mentioned, you may not even need this since your AOS is employment-based, but this is just an fyi for people in this situation.

Thank you! I absolutely agree with you. I attached all those evidence (except kids) in the aos even if not required...let's see.

[PhilLuv 43]

4 minutes ago, ScarletNIW said:

At the beginning he thought I was a US citizen sponsoring GC for my husband (flattered he did not hear my accent!) then I explained him that I have an approved i140 and my husband is just following me but it did not help. He did not know anything about my case and that we have already included all the proofs he was mentioning, and he was just trying to guess the worst. He was not even very informed about immigration regulations because when he noticed that I have a I-612 approved he thought that I got a waiver for grounds of inadmissibility instead of the two year rule! 

He is trying to make himself relevant.

[ScarletNIW 5]

Just now, PhilLuv said:

Sad one but what I would say is that there isn't any point sending in a complaint as whilst they may put it in the officer's file his/her colleagues may use it as a bases to delay processing your file. Remember they are close knit.

I am not going to do that because it's just my word against his word....I'll just hope he was powerless trying to fell important. I don't want to deal with immigration anymore after this one-year nightmare...

[ScarletNIW 5]

9 hours ago, mimolicious said:

That's what I was thinking, as well. Your marriage and whether or not you live with your spouse has no bearing on an employment based visa.  It sounds to me like the IO didn't know what type of visa you are adjusting from(he didn't bother to look closely at your file). I wouldn't worry about what happened today, I really wouldn't. You won't be denied and employment based visa because you and your husband don't live together. Best of luck and keep us updated.

 

Thank you so much.

[shell20 746]

18 hours ago, ScarletNIW said:

Hi all,

today I went for biometrics appointment and after that I asked a simple question to an immigration officer and he decided to interrogate me on my marriage even if my green card process is employment-based and not marriage-based (my husband and I are in AOS based on my approved i140 EB2-NIW). The officer asked me a huge amount of questions on my marriage because my husband and I are not living together (temporary) for work. I told him that it's for work (I had a grant and I have to stay here for a year) and he asked me what's more important for me, my career or my husband. I said both and he told me that I should move and live with my husband instead. Is it so unusual for a woman to care about both? After several questions about my marriage, I have been told that my husband's application should be denied because if we do not live together it's not a relationship. I am honestly shocked that in 2017 a woman has to go through these #####. I also don't even think that they are allowed to interview people at the biometrics appointment without a notice. Anyone had a similar experience?

I'm not sure how you got to ask a question to an immigration officer. I don't know what I'm missing, but when I go to my bio metric appointments, it is a separate place to where I would go for an info pass and to ask a question to an immigration officer I would have to make an info pass. So I'm a tad confused about how you got to ask a question.  Did you request to speak to an immigration officer?

 

 I wouldn't worry to much about your status either. You are married, work/study keeps you apart but they have many cases at the USCIS  with the same circumstances and these cases are normally approved. So please try not to stress, easier said than done, I know.

[ScarletNIW 5]

2 hours ago, shell20 said:

I'm not sure how you got to ask a question to an immigration officer. I don't know what I'm missing, but when I go to my bio metric appointments, it is a separate place to where I would go for an info pass and to ask a question to an immigration officer I would have to make an info pass. So I'm a tad confused about how you got to ask a question.  Did you request to speak to an immigration officer?

 

 I wouldn't worry to much about your status either. You are married, work/study keeps you apart but they have many cases at the USCIS  with the same circumstances and these cases are normally approved. So please try not to stress, easier said than done, I know.

yes, I know...thank you. But it hurts when you hear something like that from a IO. In the ASC I went there was an IO for quick questions without the need of an infopass and he was looking very nice and friendly so I asked him about my husband's appointment because he did not receive the notice yet. Now I regret that, I should have left that place right after the biometrics appointment.

[shell20 746]

Just now, ScarletNIW said:

yes, I know...thank you. But it hurts when you hear something like that from a IO. In the ASC I went there was an IO for quick questions without the need of an infopass and he was looking very nice and friendly so I asked him about my husband's appointment because he did not receive the notice yet. Now I regret that, I should have left that place right after the biometrics appointment.

Still find it strange an I0 was there, they are normally in a different section/office from biometrics.  I am assuming it wasn't a bio-metrics officer?   I have heard  that they do not have access to our information, unless someone else knows more regarding that?

 

You have every right to ask about your case and its just scaremongering if you ask me.  I wouldn't worry unnecessarily. If your work/study keeps you apart it doesn't mean you aren't committed to your marriage, it just means that its a set of circumstances you have little or no control over. Worse case scenario they may call you for interview so you explain things.