USCIS came to my house !!!

[Lemonslice 4,968]

1 minute ago, Scandi said:

A dissolution should be signed by a judge, not a lawyer, right?

Marriage maybe.  "Free union", lawyer might be sufficient in DR - I know it is in other countries.  For example, in Canada, you can be common law simply by living together for a set amount of time, no lawyer, no judge, nothing.  You move out, you are out - it is however NOT a marriage, and I would never have declared myself married when in such situation.   

[YYZ&MIA 117]

I am not sure why anyone here is confused about USCIS showing up at the OPs house 😁. It happens all the time when they suspect fraud and they usually show up early in the morning. They can also talk to the neighbors and ask around if theyve seen this couple together etc., msg the landlord for a copy of the lease as some people go as far as photoshopping their lease and so on. As stated by the OP, there were red flags at their interview, the case was forwarded to the fraud unit and they are trying to gather evidence to deny the case. The fact that they came to your house and caught you both together is probably the best news in this entire scenario because it confirms your side of the story that you are living together and are in fact a real couple. Also, they also hold cases like yours where the petitioner married the US citizen while being out of status, to a higher scrutiny. 

What I suspect will happen next is they will continue digging for more and any evidence to deny the case or they will drop it after this and approve it.
Like others have mentioned, what really concerns me though is what was put in his B application because THAT can cause you the problems. The first thing your lawyer should do is file a FOIA and get your husbands file to see what youre up against and whats in that file that bothers USCIS. 
 

[Boiler 46,108]

Did they issue a RFE for Divorce Certificate?

 

Does sound like he stated he was Married not Common Law Relationship etc.

[Dashinka 24,793]

12 hours ago, Jessica28 said:

We are taking this very serious .. we have a lawyer and are prepared for anything at this point . We know our truth and we are going to do what we have to do to prove what they need us to prove .. my question here was if anybody else has gotten a visit from USCIS & I think people think I’m confused as to why I got a visit. I know why.. I know is going to very hard to prove my case but not impossible.. I met one person with a story very similar to mine if not worst and it took years & they got GC APPROVED .. My husband might get it, he might not.. but we will fight til the end, that’s for sure.

Thank you for the positive vibes.

Hopefully you have it all worked out with respect to the potential material misrepresentation on the B2 application.

 

Good Luck!

[Crazy Cat 42,296]

I have never seen one of these cases of lying on a B2 application turn out well for the applicant......Will this one be different?  Maybe....

Edited June 8, 2021 by Lucky Cat

[.yana 598]

Isn't the visit indeed odd? Sounds like USCIS has enough grounds for denial already.

Maybe OP gets lucky, and this visit & them being at home will get her husband a GC... 

[Crazy Cat 42,296]

4 minutes ago, .yana said:

Isn't the visit indeed odd? Sounds like USCIS has enough grounds for denial already.

Maybe OP gets lucky, and this visit & them being at home will get her husband a GC... 

Home visits are not common.  They suspect fraud.  The lying on the B2 application is a very serious matter.  I know of no way to resolve the matter since it is impossible to prove no marriage has ever taken place.  

[Boiler 46,108]

8 minutes ago, Lucky Cat said:

I have never seen one of these cases of lying on a B2 application turn out well for the applicant......Will this one be different?  Maybe....

The big difference here is that he is in the US, difficult to see how it is not Misrep, I assume it will end up in Immigration Court.

 

Will not be quick, will not be cheap.

[Timona 4,208]

56 minutes ago, Boiler said:

Did they issue a RFE for Divorce Certificate?

 

Does sound like he stated he was Married not Common Law Relationship etc.

 

This is an area where even I do not understand. Someone asked me a question about it and I cannot, with certainty, tell if  common law is straight up marriage. 

[Boiler 46,108]

Just now, Timona said:

 

This is an area where even I do not understand. Someone asked me a question about it and I cannot, with certainty, tell if  common law is straight up marriage. 

The B application just asks if you are married, what constitutes marriage will be as per local Law. Most, all? jurisdictions have a process to be recognised as legally Married and likewise a process to dissolve that marriage.

 

[Timona 4,208]

1 minute ago, Boiler said:

The B application just asks if you are married, what constitutes marriage will be as per local Law. Most, all? jurisdictions have a process to be recognised as legally Married and likewise a process to dissolve that marriage.

 

 

Apparently, common law is listed as one of the choices on B-2 applications nowdays. 

And yes, you are right on the bolded. That was my answer to the said individual.

[Boiler 46,108]

2 minutes ago, Timona said:

 

Apparently, common law is listed as one of the choices on B-2 applications nowadays. 

And yes, you are right on the bolded. That was my answer to the said individual.

I assume the issue here is about having answered yes to being married.

[Timona 4,208]

Just now, Boiler said:

I assume the issue here is about having answered yes to being married.

 

Yes, that was the issue and it is a different issue altogether.

A marriage is a marriage. That's no brainier.

[carmel34 3,655]

16 hours ago, Jessica28 said:

Somebody else filed the papers for him in Dominican Republic.. at the visa interview they asked him if he was married in which he replied he was in a “free union” which is basically like a common law marriage (usually to get health insurance for the girlfriend & kids) except you are not married nor get a marriage certificate.. you go through a lawyer and it’s usually broken by the same lawyer...

From what you have explained, it appears that your husband (or the person who helped him fill out the DS-160), checked "married" for marital status, when in fact, he was not married according to the laws of the DR (he had no marriage or common law relationship certificate issued by a government entity like a city, state, county, or country), but he was merely in a "free union" based on an agreement signed only by a lawyer.  This is not marriage or even a common law marriage according to US immigration.  The paper you submitted that stated he was single only complicated the situation.  If he stated that he was married on the DS-160, which you confirmed that he did, US immigration needs a divorce decree which he cannot provide since he was not married or in a common law marriage.  This catch-22 situation can only be resolved if he admits he lied on the DS-160, takes accountability for his actions, and comes clean with US immigration.  Being honest will likely lead to denial of his adjustment of status application and deportation, because of the misrepresentation, and may come with a bar from entering the US for 5 years, 10 years, or lifetime, but there may be a waiver available either now while he is still in the US, or later if he leaves and you file a spousal visa petition while he is in the DR.  In three years of following similar cases here on VJ, I have never seen one that reports back with a successful outcome.  Hopefully your US immigration attorney is very experienced with these sorts of misrepresentation cases and can help him stay, but it may take a very long time and cost a lot of money.  If he has to leave the US, are you prepared to move to the DR to live with him?  I wish you all the best however this turns out!  See below for the USCIS policies on misrepresentation and waivers, and that the granting of a waiver is based on the discretion of the immigration officer adjudicating the case:

 

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-2

 

https://www.uscis.gov/policy-manual/volume-9-part-f-chapter-2

Edited June 8, 2021 by carmel34

[SalishSea 18,140]

2 hours ago, Dashinka said:

Hopefully you have it all worked out with respect to the potential material misrepresentation on the B2 application.

 

Good Luck!

Doesn’t sound like the OP was/is even aware that this is potentially a much larger problem for them than just a USCIS home visit.