I think I blew it

[Shellymilms 1]

Okay so my husband and I met almost 5 years ago and have been married for almost 4. We had a lot of issues in the beginning where I thought he was using me for his green card and we filed for a divorce. It was never finalized however. He applied for his political asylum in the tome being until we figured what we were going to do. We had a baby and got back together. And started filing for his green card. 
we got pregnant again and a year later had another baby. After the baby was born, we had another big issue and separated for a couple months. At this point I was very angry at the issue that had occurred and he was trying to take full custody of my children. I was angry and scared of him taking my children back to his country. I reported him to immigration because I honestly felt like he was using me and trying to take my children at the time. (Which I know what not true, now)
we got back together again and continued with his green card process. 
we had his interview today and I was asked to stay in the room alone and she asked me about the report. I told her that we had issues two years ago and that I did report him because I felt that way at the time. But we are working on our marriage and going to a marriage class at our church and we resolved our communication issues that we once had. She then asked if he was lying about his asylum and I said no that his lawyer told him to apply because it would give him time to figure out what we were going to do with our relationship. My husband doesn’t know about the report. 
my husband came back in and she asked him where I work, he forgot the name of the place but knew my occupation and knew i worked in a hospital and where it was. Then they asked if we knew each other’s birthdays, asked my husband our anniversary and the kids birthdates which he knew, and that was it. She said we would hear back within 30 days. 
 

I am so scared that I ruined this with my stupid anger and acting on my emotions. I told the lady i was emotional after having my daughter but i don’t think she believed it. Even though it was true. All marriages have issues but we chose to work through them instead of getting divorced. We do have a legit marriage with two kids, but we just had a lot of issues in the beginning. I’m just scared that I messed it all up. I regret reporting him but at the time it’s what I believed. 
 

[Crazy Cat 42,298]

4 minutes ago, Shellymilms said:

She then asked if he was lying about his asylum and I said no that his lawyer told him to apply because it would give him time to figure out what we were going to do with our relationship.

Really???  That is not a valid reason to apply for asylum......

[Shellymilms 1]

1 minute ago, Lucky Cat said:

Really???  That is not a valid reason to apply for asylum......

He was actually applying because of that and the fact that if he went back to his country he could be attacked due to his profession. Which I also told her. 

[arken 4,197]

Too many variables to predict an outcome, just wait and hope for the best. Telling the IO that he filed for asylum so he gets time to figure out what to do with the relationship was a very bad defense regardless of the actual reason. Just hope they don’t accuse him of lying in asylum application coz that will affect this decision. Good luck.

[NYCruiser 423]

3 hours ago, Shellymilms said:

Okay so my husband and I met almost 5 years ago and have been married for almost 4. We had a lot of issues in the beginning where I thought he was using me for his green card and we filed for a divorce. It was never finalized however. He applied for his political asylum in the tome being until we figured what we were going to do. We had a baby and got back together. And started filing for his green card. 
we got pregnant again and a year later had another baby. After the baby was born, we had another big issue and separated for a couple months. At this point I was very angry at the issue that had occurred and he was trying to take full custody of my children. I was angry and scared of him taking my children back to his country. I reported him to immigration because I honestly felt like he was using me and trying to take my children at the time. (Which I know what not true, now)
we got back together again and continued with his green card process. 
we had his interview today and I was asked to stay in the room alone and she asked me about the report. I told her that we had issues two years ago and that I did report him because I felt that way at the time. But we are working on our marriage and going to a marriage class at our church and we resolved our communication issues that we once had. She then asked if he was lying about his asylum and I said no that his lawyer told him to apply because it would give him time to figure out what we were going to do with our relationship. My husband doesn’t know about the report. 
my husband came back in and she asked him where I work, he forgot the name of the place but knew my occupation and knew i worked in a hospital and where it was. Then they asked if we knew each other’s birthdays, asked my husband our anniversary and the kids birthdates which he knew, and that was it. She said we would hear back within 30 days. 
 

I am so scared that I ruined this with my stupid anger and acting on my emotions. I told the lady i was emotional after having my daughter but i don’t think she believed it. Even though it was true. All marriages have issues but we chose to work through them instead of getting divorced. We do have a legit marriage with two kids, but we just had a lot of issues in the beginning. I’m just scared that I messed it all up. I regret reporting him but at the time it’s what I believed. 
 

Just wow....:-( Did he file the asylum application. I am sure it is pretty lengthy with a lot of details. This could come across as misrepresentation? 

3 hours ago, Shellymilms said:

He was actually applying because of that and the fact that if he went back to his country he could be attacked due to his profession. Which I also told her. 

What profession is that? What country?

[laylalex 7,300]

To be fair, only the OP has said that he filed for asylum in order to figure out their relationship. We don't know if that's actually the reason the husband had for filing for asylum, it's just what she says, and she could be misunderstanding things. It would only, I think, be a misrepresentation if the husband had said he had a legitimate fear of persecution but the real reason for applying for asylum was to have some more time. The OP's statement is just hearsay, in my opinion.

[arken 4,197]

14 minutes ago, laylalex said:

To be fair, only the OP has said that he filed for asylum in order to figure out their relationship. We don't know if that's actually the reason the husband had for filing for asylum, it's just what she says, and she could be misunderstanding things. It would only, I think, be a misrepresentation if the husband had said he had a legitimate fear of persecution but the real reason for applying for asylum was to have some more time. The OP's statement is just hearsay, in my opinion.

Her statement will not be a hearsay when it’s said during her husband’s marriage based GC interview. 

[Boiler 46,109]

So this is a shutting the Stable Doors after the Horse has bolted situation. Filing for Asylum was a really bad idea, you can look up valid reasons, within a year etc etc, but I know scammy Lawyers do it.

 

The obvious issue will be if the Asylum application is deemed to be frivolous.

 

The Stokes interview could have been expected and you certainly come across as being unprepared.

 

The obvious comment is that this is not a DIY situation and you need a competent Lawyer. not the one involved with the Asylum claim.

 

However you are where you are and there is always the possibility that you may receive a positive outcome, I would not be certain it would be within 30 days, that seems like a standard timeline quoted, may be longer.

 

I would at least be looking for a Lawyer, this is one of those situations where you need someone local even though Immigration law is Federal.

 

There is obviously a lot more information a Lawyer would need, I can see a lot of questions to be asked and I am not a Lawyer, and those answers may result in more questions.

[laylalex 7,300]

9 minutes ago, arken said:

Her statement will not be a hearsay when it’s said during her husband’s marriage based GC interview. 

But how can her representation be the basis for a misrepresentation he may or may not have made? I mean, it's down to what HE said in his asylum application, right? If he says that's not true what she said, or didn't agree with it, how can what SHE says be the basis? We just don't know. Sure I think that it would cause further investigation to be made but I don't think it's a slam dunk.

 

Like, let's say I signed off on my taxes and said that everything I said in them was true. (I'm not married at the moment btw.) And then my fiance says to an IRS investigator, well, Layla fibbed on taking a deduction. Maybe my fiance thinks this is true, but it isn't (let's assume it isn't). Now I think that would raise eyebrows, maybe trigger an audit, but it's not proof I lied on my taxes.

 

This is all a bit of a thought exercise anyway. 

[Crazy Cat 42,298]

Sworn testimony can be pretty damaging.......

[Boiler 46,109]

1 minute ago, laylalex said:

But how can her representation be the basis for a misrepresentation he may or may not have made? I mean, it's down to what HE said in his asylum application, right? If he says that's not true what she said, or didn't agree with it, how can what SHE says be the basis? We just don't know. Sure I think that it would cause further investigation to be made but I don't think it's a slam dunk.

 

Like, let's say I signed off on my taxes and said that everything I said in them was true. (I'm not married at the moment btw.) And then my fiance says to an IRS investigator, well, Layla fibbed on taking a deduction. Maybe my fiance thinks this is true, but it isn't (let's assume it isn't). Now I think that would raise eyebrows, maybe trigger an audit, but it's not proof I lied on my taxes.

 

This is all a bit of a thought exercise anyway. 

Very little in Immigration is a slam dunk, reasonable to assume this seriously complicates matters.

[laylalex 7,300]

2 minutes ago, Lucky Cat said:

Sworn testimony can be pretty damaging.......

Yes, but there would need to be more than just her statement.

 

(I am not a lawyer but my dad is and I have been subjected to years of abuse having to listen to him drone on about the rules of evidence.  )

1 minute ago, Boiler said:

Very little in Immigration is a slam dunk, reasonable to assume this seriously complicates matters.

Completely agree, and I think that aspect of what I was trying to say was kind of hidden. It is a big statement, but wouldn't determine anything on its own.

[arken 4,197]

9 minutes ago, laylalex said:

But how can her representation be the basis for a misrepresentation he may or may not have made? I mean, it's down to what HE said in his asylum application, right? If he says that's not true what she said, or didn't agree with it, how can what SHE says be the basis? We just don't know. Sure I think that it would cause further investigation to be made but I don't think it's a slam dunk.

 

Like, let's say I signed off on my taxes and said that everything I said in them was true. (I'm not married at the moment btw.) And then my fiance says to an IRS investigator, well, Layla fibbed on taking a deduction. Maybe my fiance thinks this is true, but it isn't (let's assume it isn't). Now I think that would raise eyebrows, maybe trigger an audit, but it's not proof I lied on my taxes.

 

This is all a bit of a thought exercise anyway. 

I’m not saying her statement will result in a direct denial. I mean it may make the IO think about if asylum was filed with lies. The fact that she provided that statement in an interview to help her husband get GC implies she wasn’t lying. If she wasn’t lying, then it seems asylum was filed with the main intention of getting some time to think about the relationship, the threat in home country seems to be the secondary reasoning. How would she know about it if her husband didn’t tell her since he applied for the asylum when they were divorcing? My only point is it’s just making their case worse.

[laylalex 7,300]

Just now, arken said:

I’m not saying her statement will result in a direct denial. I mean it may make the IO think about if asylum was filed with lies. The fact that she provided that statement in an interview to help her husband get GC implies she wasn’t lying. If she wasn’t lying, then it seems asylum was filed with the main intention of getting some time to think about the relationship, the threat in home country seems to be the secondary reasoning. How would she know about it if her husband didn’t tell her since he applied for the asylum when they were divorcing? My only point is it’s just making their case worse.

I think we're in agreement here.  It doesn't look good at all. These people are in a big mess and really, REALLY need an attorney who knows what he or she is doing. As opposed to listening to the daughter of an attorney like me. 

[Crazy Cat 42,298]

1 minute ago, arken said:

I’m not saying her statement will result in a direct denial. I mean it may make the IO think about if asylum was filed with lies. The fact that she provided that statement in an interview to help her husband get GC implies she wasn’t lying. If she wasn’t lying, then it seems asylum was filed with the main intention of getting some time to think about the relationship, the threat in home country seems to be the secondary reasoning. How would she know about it if her husband didn’t tell her since he applied for the asylum when they were divorcing? My only point is it’s just making their case worse.

I can see this situation having an impact on both the applicant as well as his attorney.......at the very least, I would expect some deep digging by USCIS.