Awaiting final decision after green card interview

[coolblue89 0]

Hello everyone. So I have a bit of a mess that I need opinions on.

 

When my husband applied for his tourist visa (this was several years ago before we met), the person that completed his forms for him designated him as married. My husband did not find out until 2 days before his meeting at the consulate that the travel agency did this. The man who did this told him he did it because it would be easier for him to get the visa if he said he was married. So he didn't know what to do and just didn't say anything at the consular meeting. He was approved for the tourist visa. In 2018, we met online and started chatting and I told him he needed to come meet my family before anything happened. We had read so many scary stories online about how a person with a tourist visa can be denied if saying s/he is entering to visit a girlfriend/boyfriend. So we agreed that he would just say he's visiting a friend. Well, he was stopped by immigration at the airport and they searched his things, including his phones. They read the messages between us and asked him why he would lie about his intent to enter the US. He didn't know what to tell the officer. The officer asked him if he was previously married, but my husband said he was divorced. The officer had even called me and asked if I knew he was divorced, and I said no. In the end, the officer did grant him entrance and came out with my husband and told us that we should just be honest.

 

My husband and I got married in the winter a year later. We applied for I-765, I-130, I-131, I-864, and of course AOS.

 

He had watched videos online of this famous immigration attorney who recommended that if you got caught in a lie before, that you should tell the immigration officer at the green card interview before s/he even brings up what happened. And that's what my husband did. And the officer told him he was glad that he told him the truth because that's what he had brought him in to discuss (I was in the waiting area waiting for the officer to call me in). He asked my husband to tell him the whole story, then he brought him back out to the waiting area and the officer said he had to go speak to his supervisor. He took my husband back in alone and asked him to tell him the story again. The officer said he wished my husband hadn't lied about what happened when he first entered the country. Then he brought my husband back out. Again he took him back in, but this time with our documents. He took a sworn statement from my husband about what happened. He told him he would try to help us, but he wasn't sure what would happen exactly. Then he asked for our documents proving our marriage. He looked through them and then he came out and called me in. He said as far as he could tell our marriage was real, but that he really wished my husband hadn't lied about his previous marital status because it is going to make the process difficult for us.

 

I think at the end of the interview the officer said the case would be sent to a judge for review. And that we might have to apply for a waiver if the judge doesn't approve. But unfortunately now I can't remember if that was what he said exactly (pregnancy brain). 

 

Does anyone know if that is how the process works?

 

We were also given a form from the immigration officer stating that our case is being held for review.

[SalishSea 17,837]

Let me guess.....Nigeria?   We see this a lot, but normally the visa applicant doesn’t even make it out of Nigeria.

 

And despite being nearly removed at POE, he also stayed, married , and adjusted status?

 

I’d get a good lawyer.

[coolblue89 0]

10 minutes ago, Jorgedig said:

Let me guess.....Nigeria?   We see this a lot, but normally the visa applicant doesn’t even make it out of Nigeria.

 

And despite being nearly removed at POE, he also stayed, married , and adjusted status?

 

I’d get a good lawyer.

Actually no, he's not Nigerian.

 

Yes we're considering getting a lawyer. But we don't know if we should wait to hear from USCIS first.

[SalishSea 17,837]

3 minutes ago, coolblue89 said:

Actually no, he's not Nigerian.

 

Yes we're considering getting a lawyer. But we don't know if we should wait to hear from USCIS first.

I would be proactive about getting the lawyer, so they can get a head start on getting a case together for you.

 

You may not hear from USCIS at all, but instead it may be an NTA before an IJ.

 

This type of misrep is maybe more serious than you think.

[Boiler 45,537]

It would be reasonable to expect a RFE for evidence showing he divorced before marrying you.

[Verrou 1,962]

get a good lawyer and dont wait. better get lawyer now and then get ready with the news from USCIS and what to do next 

[coolblue89 0]

2 minutes ago, Boiler said:

It would be reasonable to expect a RFE for evidence showing he divorced before marrying you.

He does have evidence from his government agency showing that he is single and was never married or divorced. We gave the original copy to the immigration officer during the interview.

[Boiler 45,537]

5 minutes ago, coolblue89 said:

He does have evidence from his government agency showing that he is single and was never married or divorced. We gave the original copy to the immigration officer during the interview.

My Country does not know my marital status. I doubt his Government Agency knew about your marriage?

[coolblue89 0]

3 minutes ago, Boiler said:

My Country does not know my marital status. I doubt his Government Agency knew about your marriage?

In his country, you have to provide documentation proving marriage or divorce the way you would here in the US.

 

We got married here in the US in Dec. 2019

[Boiler 45,537]

Trying to remember what I was asked for in the US but I know there is no central registry here.

 

The issue here is that he has stated he was married, where not specified, so in every other situation where this has arisen and I have come across they will need evidence that he was free to marry, that the prior marriage has been dissolved.

 

 

[coolblue89 0]

21 minutes ago, Boiler said:

Trying to remember what I was asked for in the US but I know there is no central registry here.

 

The issue here is that he has stated he was married, where not specified, so in every other situation where this has arisen and I have come across they will need evidence that he was free to marry, that the prior marriage has been dissolved.

 

 

Yes I don’t think there’s a federal, central agency in America. I think it is managed by each state. 
 

But I think I understand your meaning. 

[SalishSea 17,837]

4 minutes ago, coolblue89 said:

Yes I don’t think there’s a federal, central agency in America. I think it is managed by each state. 
 

But I think I understand your meaning. 

The problem with whatever documentation you have showing he’s married to you, he claims to have been married previously on a visa application, so he would need to show that marriage as dissolved, in order for yours to be valid.

Even if there was no marriage.  

 

Hence the reason that the material lie is problematic.

[retheem 566]

17 hours ago, coolblue89 said:

Hello everyone. So I have a bit of a mess that I need opinions on.

 

When my husband applied for his tourist visa (this was several years ago before we met), the person that completed his forms for him designated him as married. My husband did not find out until 2 days before his meeting at the consulate that the travel agency did this. The man who did this told him he did it because it would be easier for him to get the visa if he said he was married. So he didn't know what to do and just didn't say anything at the consular meeting. He was approved for the tourist visa. In 2018, we met online and started chatting and I told him he needed to come meet my family before anything happened. We had read so many scary stories online about how a person with a tourist visa can be denied if saying s/he is entering to visit a girlfriend/boyfriend. So we agreed that he would just say he's visiting a friend. Well, he was stopped by immigration at the airport and they searched his things, including his phones. They read the messages between us and asked him why he would lie about his intent to enter the US. He didn't know what to tell the officer. The officer asked him if he was previously married, but my husband said he was divorced. The officer had even called me and asked if I knew he was divorced, and I said no. In the end, the officer did grant him entrance and came out with my husband and told us that we should just be honest.

 

My husband and I got married in the winter a year later. We applied for I-765, I-130, I-131, I-864, and of course AOS.

 

He had watched videos online of this famous immigration attorney who recommended that if you got caught in a lie before, that you should tell the immigration officer at the green card interview before s/he even brings up what happened. And that's what my husband did. And the officer told him he was glad that he told him the truth because that's what he had brought him in to discuss (I was in the waiting area waiting for the officer to call me in). He asked my husband to tell him the whole story, then he brought him back out to the waiting area and the officer said he had to go speak to his supervisor. He took my husband back in alone and asked him to tell him the story again. The officer said he wished my husband hadn't lied about what happened when he first entered the country. Then he brought my husband back out. Again he took him back in, but this time with our documents. He took a sworn statement from my husband about what happened. He told him he would try to help us, but he wasn't sure what would happen exactly. Then he asked for our documents proving our marriage. He looked through them and then he came out and called me in. He said as far as he could tell our marriage was real, but that he really wished my husband hadn't lied about his previous marital status because it is going to make the process difficult for us.

 

I think at the end of the interview the officer said the case would be sent to a judge for review. And that we might have to apply for a waiver if the judge doesn't approve. But unfortunately now I can't remember if that was what he said exactly (pregnancy brain). 

 

Does anyone know if that is how the process works?

 

We were also given a form from the immigration officer stating that our case is being held for review.

lol this is a Kenyan. But why my people, why lol @Timona

[Timona 4,207]

17 hours ago, coolblue89 said:

He does have evidence from his government agency showing that he is single and was never married or divorced. We gave the original copy to the immigration officer during the interview.

 

Which country is this? I ask so that we can confirm to you if that document is fake/ does not exist or is another fake one made by the immigrant. It is best to know that before you find yourself in more murky waters. We know a lot of immigrants from certain countries with this story, who end up coming up with fake documents to try and clean this, only to end up in more mess.

I will let you give the country name so that we do not speculate. 

 

 

Edited April 26, 2021 by Timona

[ineedadisplayname 499]

18 hours ago, coolblue89 said:

The man who did this told him he did it because it would be easier for him to get the visa if he said he was married. So he didn't know what to do and just didn't say anything at the consular meeting

Say "hey I did not complete this form on my own and would like to correct my marital status before we begin the formal interview". That is what he should have done instead of being complicit and blaming the other guy.

 

Since  it is too late, try to hire a good IMMIGRATION lawyer, not just a regular lawyer. It will be expensive tho and probably will drag on forever.

@coolblue89 Regardless of a central or non central agency they don't share data with other countries and most of it is self report and the citizen's requirement/responsibility to report the foreign marriage to their home country. So if his certificate says that he is not married then what about your marriage? Did he fail to report it to his own government?

Edited April 26, 2021 by ineedadisplayname