AOS interview results in pending for more investigation -- need help

[zzmr_qzz 24]

Hello everyone,

Hope you guys are doing well. 

This is a long urgent post but we appriciate your help.

This is my friend’s case which she just took AOS interview yesterday (Nov 9) but was put on hold for further investigation. Since the IO did not trust her marriage is bona fide.

A little bit details:

About my friend:

 She came by K1 visa, married to her now husband and applied for AOS and got her AOS interview with non-decision was made. She divorced once with all paperwork was done in her country quite long ago before she started I129F application. Will this be a red flag?

 

About her husband:

He works in army, also married once before, sponsored his ex-wife to come over to USA but she ended up giving up on him due to long distance, time, and above of others he found out she got boyfriend in her country. So he divorced (I don't know how this was processed) but he still left the USCIS case open/pending until he met his current wife now (my friend). He closed the case quite close to the time I129F petition was opened. This means, it was a big gap between the dates divorce was taken and USCIS case was withdrawn.

 

About the AOS interview:

The IO doubted the previous marriage of her husband was not bona fide, and so her marriage now, even if she is 7-month pregnant. He addressed that what he is doing right now is to protect her… do not know what he meant. He said he needs to transfer her case to another department to dig into the husband previous marriage and the decision will be made once he gets something back from investigation. The worst case is that she will need to provide DNA proof for the kid and her husband.

My questions are:

-          What should she do now?

-          If the previous marriage investigation results adversely for her, will the case remains pending till she gives birth and provides DNA proof? As I know, if USCIS rejects, she must leave the country. Will health situation allows her to stay legally for some time?

-          If DNA proof is accurate and USCIS still rejects, can they sue them back? If it really happens I swear that I do not see where humanity exists in this place, her life goes down the drain just because of what happens in the past and that she has nothing to do with.

 

If you know what is the best bet to do, please share...

 

 

[GabiMatch 161]

I think that there is nothing that they can do but wait for a decision, if they get refused she can still appeal the decision and for that she’ll have to lawyer up, but they can NOT sue USCIS for a mistake that her husband committed when he didn’t withdrew his prior petition, as immigrating to America is not a “right”, but a “privilege”. The problem here is not your friend, I think that the agent might be thinking that her husband do not have good intention since it’s his second (as far as we know) relationship/petition with a foreigner.

Maybe could be a good idea to ask for help from the congressman in her area, he could ask USCIS to justify the fact that there is no decision yet.

If your friend do not get the expected result, tell her to find a good immigration lawyer and appeal the decision.

Best of luck to your friend.

 

[EvieMN 105]

I too feel like the problem in her case is her husband.

It sounds kinda fishy that even though his ex wife had a boyfriend back home he didn't withdraw his application until he met his next wife.

I think what the officer meant about protecting her is exactly that  -protecting her from someone who maybe wouldn't treat her right.

[simple35 0]

It looks like a procedural thing, unless the previous case from him doesnt get resolved, USCIS officer cannot process the current case.

Even though the previous case was withdrawn, officer still is interested in knowing what happened.

[Ebunoluwa 6,136]

Nothing they can do, let the process take it's course and let them investigate what they need to investigate.
No they can't nor should sue.
No need to worry about a denial that has not happened.
Took us 2 1/2 years, a stokes interview and a home visit for approval.
Let them go about their lives and stop worrying.
Legit couples get approved even though some are scrutinized more than others for various reasons.
I (USC) also had a previous petition many years ago and was drilled in a stokes interview about it during our AOS interview, a year later 
came the home visit and the approval just recently. Details in my signature.
It was a previous K1 and the guy never even made it here because I stopped the process.
Really, tell them to stop worrying. Let them enjoy their time looking forward to the birth of their child.
She wont just be deported ! 

[zzmr_qzz 24]

Thank you everyone, you guys calm them

down. Will patiently wait to see how things go!