Just nervous after interview- didn’t go well

[Cheschirecat 176]

Hello 

 

Ww had our marriage based interview last Thursday. We were separated and I’m not sure my husband did well on answering the questions. We have some red flags: 12 year age difference, visitor visa to AOS and him being from Nigeria. I Feel like he may Not have aanswered Some of the questions correctly and others he did not answer concretely with a yes or no answer. An example of not answering concretely, she asked him  if we have a security system and he said I don’t Think so.( we don’t have one). He did not know the color of the curtains in our bedroom and did not remember that we have a window in the bathroom in the bedroom. He answered no and there is a window in the bathroom. I didn’t know exactly what he wore to bed, but he works evenings and I was already fast asleep. So,I told her that and said since it’s been cold he normally wears a shirt. We did not have bills together, but we did have 1 bill in his name. Auto and health insurance had his name on it. Life insurance and 401k has him as the beneficiary and we have one joint bank account, but his name is also on another bank, but it only shows me SMH  I’m really nervous. One visa journey friend was approved on the spot. The other was also separated and approved the next day at the Nashville office. I wish they would hurry and send something... I’m trying to stay jn a positive place because the only answer I do have is that we married  for love...

 

Cheschirecat 

[Villanelle 4,122]

Im sorry you had a rough interview! Hang in there!

 

The only advice I can offer is that the USCIS has a very complex process for denying stuff. Its not unheard of for people to get a 2nd stokes interview but it is not required. What is required is the NOID. Notice of intent to deny. Its a very detailed RFE style notice that will outline very specific things and you get an opportunity to respond to it. So its not like you are going to wake up one day and find the case was denied out of the blue. You will have another opportunity to present your case. You may also want to get an attny to help you respond if you do get a NOID. They also may decide to do a home visit. Keep gathering proof while you wait for an update! 

[Cheschirecat 176]

14 hours ago, Villanelle said:

Im sorry you had a rough interview! Hang in there!

 

The only advice I can offer is that the USCIS has a very complex process for denying stuff. Its not unheard of for people to get a 2nd stokes interview but it is not required. What is required is the NOID. Notice of intent to deny. Its a very detailed RFE style notice that will outline very specific things and you get an opportunity to respond to it. So its not like you are going to wake up one day and find the case was denied out of the blue. You will have another opportunity to present your case. You may also want to get an attny to help you respond if you do get a NOID. They also may decide to do a home visit. Keep gathering proof while you wait for an update! 

Thank you! 

[carmel34 3,621]

19 hours ago, Cheschirecat said:

We did not have bills together, but we did have 1 bill in his name.

Don't despair, you may get approved despite the difficult interviews.  I would suggest that while you wait for a response about your case, that you get more evidence of your marriage relationship.  Contact all utilities, cell phone companies, internet providers, cable TV, etc. and get them all in both of your names, same address.  You did not mention a joint lease or mortgage or deed on property owned jointly.  If you do get a negative response, like an NOID, you will need these additional documents to submit as evidence of a bona fide marriage relationship.  Given the red flags you mentioned, you will need more evidence than you submitted with the AOS application, if you don't get approved after the interviews you both had.  The good news is that a denial can be appealed and to be successful you'll need more documentation so start working on that now.  Good luck!

Edited October 23, 2019 by carmel34

[Cheschirecat 176]

5 hours ago, carmel34 said:

Don't despair, you may get approved despite the difficult interviews.  I would suggest that while you wait for a response about your case, that you get more evidence of your marriage relationship.  Contact all utilities, cell phone companies, internet providers, cable TV, etc. and get them all in both of your names, same address.  You did not mention a joint lease or mortgage or deed on property owned jointly.  If you do get a negative response, like an NOID, you will need these additional documents to submit as evidence of a bona fide marriage relationship.  Given the red flags you mentioned, you will need more evidence than you submitted with the AOS application, if you don't get approved after the interviews you both had.  The good news is that a denial can be appealed and to be successful you'll need more documentation so start working on that now.  Good luck!

Just called and had to beg the electric company to give me something showing he is on the account, bug I got if! That’s one! I don’t have an apartment I have a house. I’ll work on getting him added.  Thank you  

[afrocraft 313]

On 10/22/2019 at 5:38 PM, Villanelle said:

What is required is the NOID. Notice of intent to deny. Its a very detailed RFE style notice that will outline very specific things and you get an opportunity to respond to it. So its not like you are going to wake up one day and find the case was denied out of the blue. You will have another opportunity to present your case. 

I don't mean to add more anxiety to OP, but I believe this is incorrect. USCIS issued a policy memo dated 7/13/2018 stating that its officers can now issue a straight-up denial without a NOID, including in family-based cases where eligibility has not been demonstrated.

[Cheschirecat 176]

35 minutes ago, afrocraft said:

I don't mean to add more anxiety to OP, but I believe this is incorrect. USCIS issued a policy memo dated 7/13/2018 stating that its officers can now issue a straight-up denial without a NOID, including in family-based cases where eligibility has not been demonstrated.

We were not denied. Hopefully, we will be ok 

[afrocraft 313]

2 hours ago, Cheschirecat said:

We were not denied. Hopefully, we will be ok 

I hope so too, but perhaps I wasn't clear in my initial comment.

 

@Villanelle's suggestion that, in the worst case, you should expect a Notice of Intent to Deny (NOID) before outright denial is made with good intent but is outdated. Previously, an applicant for AOS could provide additional evidence in response to the NOID and prevent denial, but a year ago, USCIS changed the rules, allowing officers to deny applications without first issuing a NOID. The policy only applies to AOS cases filed after September 11, 2018.

 

Hopefully your case is approved and it doesn't get to that, or was filed under the old rules. Otherwise, it might be prudent to prepare now for that outcome. It gets really complicated/emotionally stressful if USCIS denies your application: The denial cannot be appealed and deportation proceedings could follow (though you have a chance to argue your case again in immigration court). You'll need a lawyer, so now might be a good time to talk about your case with a few in your area (many do initial free consultations).

 

Again, no need to panic now, just prepare ahead. Here's a plain-English explanation of the new policy: https://www.uscis.gov/sites/default/files/files/nativedocuments/USCIS_Policy_Update_on_Issuing_RFEs_and_NOIDs.pdf

[Villanelle 4,122]

@afrocraft Did you actually read the memo and/or link you provided?  ("when the evidence submitted at the time of filing did not establish
eligibility for the benefit sought.") They are at the end of the process, they just had a stokes interview. The process to deny at this point is the same as its always been. 

[afrocraft 313]

5 minutes ago, Villanelle said:

@afrocraft Did you actually read the memo and/or link you provided?  ("when the evidence submitted at the time of filing did not establish
eligibility for the benefit sought.") They are at the end of the process, they just had a stokes interview. The process to deny at this point is the same as its always been. 

I'm not sure I understand your point. I did read the memo. Are you arguing that adjudicators don't have the ability to deny AOS applications without first issuing a NOID because they've held an interview?

[Villanelle 4,122]

Im saying- the memo  "provides guidance to U.S. Citizenship and Immigration Services
(USCIS) adjudicators regarding the discretion to deny an application, petition, or request without first
issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if initial evidence is not
submitted or if the evidence in the record does not establish eligibility." 

 

This is not a statutory denial- (This would include any filing in which the applicant, petitioner, or requestor has no legal basis for the benefit/request sought, or submits a request for a benefit or relief under a program that has been terminated.) Nor would it be a lack of initial evidence requirement. (A lack of initial evidence denial is one in which all required initial evidence is not submitted
with the benefit request. In such a case, USCIS may deny the benefit request for failure to
establish eligibility based on lack of required initial evidence.)

 

When a preliminary decision has been made to deny an application or petition and the denial is not based on lack of initial evidence or a statutory denial as discussed in Chapter 10.5(b), and 8 CFR 103.2(b)(16)(i) applies, the adjudicator must issue a written NOID to the applicant, petitioner, or requestor providing up to a maximum of 30 days to respond to the NOID. The NOID must include the required response date.

 

The memo was implemented to prevent people from filing with no basis to secure a temp status or to otherwise cut a place in line by submitting with out documents. It does not change the NOID procedure when lack of initial evidence or statutory denials do not apply. 

[afrocraft 313]

14 minutes ago, Villanelle said:

Im saying- the memo  "provides guidance to U.S. Citizenship and Immigration Services
(USCIS) adjudicators regarding the discretion to deny an application, petition, or request without first
issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if initial evidence is not
submitted or if the evidence in the record does not establish eligibility." 

 

The memo was implemented to prevent people from filing with no basis to secure a temp status or to otherwise cut a place in line by submitting with out documents. It does not change the NOID procedure when lack of initial evidence or statutory denials do not apply. 

Understood. I think there's some ambiguity here. The stated purpose of the July 13, 2018 Policy Memo (PM) is:
 

Quote

 

Purpose

This Policy Memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) adjudicators regarding the discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if initial evidence is not submitted or if the evidence in the record does not establish eligibility.

 

As you can see, it's broader than just scanty initial evidence, even though there's some suggestion that that applies in this case; the "evidence in the record" does include information gathered at the interview. Further:

 

Quote

The policy implemented in this PM rescinds the (previous, less harsh one) and restores to the adjudicator full discretion to deny applications, petitions, and requests without first issuing an RFE or a NOID, when appropriate. This policy is intended to discourage frivolous or substantially incomplete filings used as “placeholder” filings and encourage applicants, petitioners, and requestors to be diligent in collecting and submitting required evidence. It is not intended to penalize filers for innocent mistakes or misunderstandings of evidentiary requirements.

The OP's circumstances are also relevant ("placeholder"?):

 

On 10/22/2019 at 3:47 PM, Cheschirecat said:

We have some red flags: 12 year age difference, visitor visa to AOS and him being from Nigeria...

Further, the new PM states:

 

Quote

 

Implementation

The Adjudicator’s Field Manual (AFM) is revised as follows:

...

(2) Considerations Prior to Issuing RFEs. ...An officer should not request evidence that is outside the scope of the adjudication or otherwise irrelevant to an identified deficiency. In general, officers may, but are not required to, issue RFEs or NOIDs, and they retain the discretion to deny a request for ineligibility without issuing an RFE or NOID.

 

 

[Villanelle 4,122]

I suppose we are just going to disagree on this. The way I am interpreting the new policy is its for statutory and lack of sufficient initial evidence as laid out under 'policy'. I understand the 'purpose' section lists it as  "or if the evidence in the record does not establish eligibility". Which you are saying allows them broad strokes- however under 'policy' it is very specific on being statutory and initial evidence and then goes on to say how the (old) normal process for NOIDs is still is place and must be used for when cases are (going to be denied) not based on lack of initial evidence or a statutory denial as discussed in Chapter 10.5 

 

. I suppose this is where we disagree as I dont consider mismatching answers in a Stokes interview to be an ineligibility issue (under 10.5) and it seems you do. 

[afrocraft 313]

On 10/29/2019 at 5:08 PM, Villanelle said:

I suppose this is where we disagree as I dont consider mismatching answers in a Stokes interview to be an ineligibility issue (under 10.5) and it seems you do. 

No prejudice to OP, but reconstructing the case, as best I can imagine:

 

Nigerian guy enters on visitor visa, professing strong ties and intention to return home after visit. With allowed duration of visit coming to an end, he marries a US citizen 12 years older/younger, and files to adjust status and remain in the US. The case file is scanty of documentary evidence of a bona fide relationship; at interview they can't corroborate basic information of marital union -- the color of the bedroom curtains, whether the bathroom has a window.

 

See where I'm going with this?

[Villanelle 4,122]

@afrocraft I get what you are saying and I agree with you its a difficult case with a lot to overcome. However I still feel the issues do not qualify as being statutory or initial evidence based allowing them to skip the NOID process and simply deny. I would expect the OP to get either another stokes interview, and/or a home visit and/or a NOID