Visit from dhs

[arren 6]

Quick background on my case: filed for AOS from a K-1 visa last july, got an interview notice with subsequential cancellation, and the case was untouched since then. Asked our Senator for help and the answer she got from USCIS was that the case was on hold because it required additional background checking.

Also need to note that my husband is born and raised here but his family is originary of another country. He previously married a girl from there following the family tradition, but things didn't go well and she cheated on him, so they divorced (before 2 years passed, so she never got permanent green card through him).

Now, this morning I got this surprise visit from Homeland Security. They asked to see proof that I live with my husband; he was already at work, but I showed them around the apartment - showed them his stuff and clothes and such. They stayed for a very short time and then left; I asked them if they wanted to see more but they said that was enough cause they "know what they see".

I later heard that before coming to our place they stopped by our in-laws and asked my sister-in-law questions about the marriage. And apparently, they said that someone from their community had contacted USCIS saying that our marriage was fake. Which needless to say, it upset us incredibly. I don't even get why someone would bother making up those lies about us, even though my best guess is racist reasons (I've been forced to hear more than once of how some people disapproved of him marrying someone who wasn't from their country).

Now, I normally wouldn't be worried about this at all as I have nothing to hide; but hearing that someone is making up this kind of lies about us is obviously worrying me. Is there anyone who got visited at home, and in that case how did it go? How long it took to hear more from them?

Thank you in advance for reading this!

[Brother Hesekiel 2,236]

Generally speaking, and I'm not sure that I did understand your case correctly, if a USC did petition another spouse before, the red light at USCIS's desk starts to flicker. In plain English: they suspected immigration fraud.

Now . . . first rule: don't ever let anybody into your house without a warrant, unless it's a relative or friend and you invited them to do so.

No matter if you do not have anything to hide or not, understand that those guys are not there to help you; they are there to collect evidence against you. You see the glass as half full, a bit more than half, perhaps; they see it a bit more than less empty. An almost empty glass, as observations are not really quantifiable. You know where they coming from simply by their utterance of a fake marriage to your in-laws about this case.

I assume you checked their IDs before you let them enter your house, and since you can't turn back the clock, you might want to call the USCIS office and check that they were legit.

By the way, it's lawyer time for you guys now.

[arren 6]

Thank you for your answer. I did check their IDs (they were showing them even before I opened the door). I just didn't think that refusing to let them enter was an option. The in-laws didn't contact me until after those people left already, so I had no idea of what was going on in that moment (it didn't help that it was before 7am, I was still sleeping and they woke me up, so I was kind of confused).

I'm already getting in touch with a lawyer. But so, are you saying DHS is actually not allowed to come inside without a warrant? I just assumed they could D:

[sachinky 465]

They CAN come.

However, you DON'T have to let them in unless they have a warrant.

[Nartaki 7]

Anyone from the government or law enforcement woulld need a warrant to come and check your premises. The DHS agents were probably ICE detectives who just like the police or FBI are obliged to get a warrant before they enter your house. Therefore they usually ask your neighbors or landlord to check whose living there, because that does not require a warrant.

Overall, I see many red flags in your case: The USC was married before and had petitioned another spouse before, you and your husband are from different communities and you mentioned someone complained to the USCIS that this was a fraudulent marriage. This probably caused significant delays in your application processing and the interview cancellation. They usually dont cancel interviews unless they need more background investigation to be done.

I would advise you to get a lawyer ASAP and be prepared for a Stokes interview.

But on a good note, you were present at home, so I would assume that the DHS agents now do think that you live with your husband and this is a bonafide marriage. I wish you the best of luck though!

[arren 6]

Well, I really saw no reason to not let them in since we've lived in there for a year and the apartment is clearly inhabited by both of us...

[arren 6]

But on a good note, you were present at home, so I would assume that the DHS agents now do think that you live with your husband and this is a bonafide marriage. I wish you the best of luck though!

Thank you. My husband already had left for work (they asked me about the time he left at, and later I found out they asked his sister too and we gave the same answer) so I just showed them around so they could see mine and his stuff, clothes and such. They really didn't stay for long, I asked them if they wanted to see the other rooms but they said they didn't need to. I was hoping they didn't stay for long because they saw enough to understand we're living together, but who knows :/ If they actually talked to the landlords, then it would be even better - our apartment got flooded a couple months ago so everyone in the complex knows the both of us very well because of it.

We have plenty of evidence, bills, bank account, insurance, stuff bought together and lots of pictures with both mine and his family, so I am not too afraid of what would happen at a interview. I just hope I don't get denied before it D:

[Nartaki 7]

We have plenty of evidence, bills, bank account, insurance, stuff bought together and lots of pictures with both mine and his family, so I am not too afraid of what would happen at a interview. I just hope I don't get denied before it D:

Did you submit any of this evidence along with your initial application?

[arren 6]

Did you submit any of this evidence along with your initial application?

Most of the evidence is from after the initial application, because back when we filed for AOS I didn't have a SSN yet which meant we couldn't do much. So with the initial application we mainly sent wedding-related evidence.

I am also adjusting from a K-1, which means I already went through an interview and evidence submission before. Which is why I was a bit confused about what's happening, because if the case was so troublesome I'm surprised they approved the K-1 so easily... then again if someone filed a complain to USCIS about our marriage, that would explain why the problems are happening only now, I guess :x

[NBF 1]

Even though some of the VJer's may say they would have taken a hard ball stance, you probably did the right thing as you didn't have anything to hide...depending on your case, if they had stronger evidence they would have shown up at your door with a warrant...but they didn't show you one and you cooperated, because you had nothing to hide...playing hard ball would've just caused additional delays and suspicions on their part. Next time you might wish to call your husband before you let anyone else in, just for your safety...what has your husband said about this/

Good luck on your AOS.

Well, I really saw no reason to not let them in since we've lived in there for a year and the apartment is clearly inhabited by both of us...

[arren 6]

Even though some of the VJer's may say they would have taken a hard ball stance, you probably did the right thing as you didn't have anything to hide...depending on your case, if they had stronger evidence they would have shown up at your door with a warrant...but they didn't show you one and you cooperated, because you had nothing to hide...playing hard ball would've just caused additional delays and suspicions on their part. Next time you might wish to call your husband before you let anyone else in, just for your safety...what has your husband said about this/

Good luck on your AOS.

Thank you for your support

My husband actually scolded me for letting them in, because, just like you said, he was worried for my safety - he said I wouldn't have known if it was someone that was trying to get in with an excuse ^^; But they knew my name and specifically said they were checking if I actually lived with my US citizen husband, so I thought they must be the real thing if they know about it... then again I was just waking up so I'll admit my head wasn't working at its best D:

I actually invited them to look at the rest of the apartment, exactly because I had nothing to hide, but they said they had seen enough. I just hope they meant that in a good way D:

[TBoneTX 45,302]

you probably did the right thing [...] playing hard ball would've just caused additional delays and suspicions on their part.

Poppycock, sir. The Fourth Amendment (albeit on life support) exists for very good reasons. The appropriate response to the agents would have been (through the closed door) "Thank you for your interest, but you are absolutely not permitted in our home without a duly executed warrant. If you wish to speak with us, then please set an appointment, as we have been obliged to do throughout this entire process of legal immigration. Certainly you can understand that. Good day, gentlemen."

JustBob's reply above is 100% spot-on. The day is coming very soon when our Constitution will not protect us against the Knock on the Door -- but until then, the law is on our side and surrendering it is foolhardy. In fact, two different attorneys have volunteered to me that the best advice for living life today is to avoid ALL Federal agents.

[Nich-Nick 3,354]

For what it's worth, I know a guy on VJ who was visited by ICE at his home. You can read the whole thread HERE

His application was later transferred to California Service Center in August and he received a green card without an interview. I don't know the time frame because his PM message telling me about receiving the GC is no longer in my inbox and his timeline isn't updated.

[Bobby+Umit 161]

Poppycock, sir. The Fourth Amendment (albeit on life support) exists for very good reasons. The appropriate response to the agents would have been (through the closed door) "Thank you for your interest, but you are absolutely not permitted in our home without a duly executed warrant. If you wish to speak with us, then please set an appointment, as we have been obliged to do throughout this entire process of legal immigration. Certainly you can understand that. Good day, gentlemen."

JustBob's reply above is 100% spot-on. The day is coming very soon when our Constitution will not protect us against the Knock on the Door -- but until then, the law is on our side and surrendering it is foolhardy. In fact, two different attorneys have volunteered to me that the best advice for living life today is to avoid ALL Federal agents.

You absolutely right, you have to right to not let them in without a warrant.

They also (the feds) have the right to deny your case because you did not prove the marriage/immigration was valid - they could use the refusal of the visit as grounds to deny. (worst case scenario)

So you can be in a catch-22 situation.

BTW - I have friends that are Federal agents, they are not "evil" and "out to get you", they are just doing their job - play by the rules and you will have no issues - your mileage may vary.

[WorriedPinay2 0]

Poppycock, sir. The Fourth Amendment (albeit on life support) exists for very good reasons. The appropriate response to the agents would have been (through the closed door) "Thank you for your interest, but you are absolutely not permitted in our home without a duly executed warrant. If you wish to speak with us, then please set an appointment, as we have been obliged to do throughout this entire process of legal immigration. Certainly you can understand that. Good day, gentlemen."

JustBob's reply above is 100% spot-on. The day is coming very soon when our Constitution will not protect us against the Knock on the Door -- but until then, the law is on our side and surrendering it is foolhardy. In fact, two different attorneys have volunteered to me that the best advice for living life today is to avoid ALL Federal agents.

You absolutely right, you have to right to not let them in without a warrant.

They also (the feds) have the right to deny your case because you did not prove the marriage/immigration was valid - they could use the refusal of the visit as grounds to deny. (worst case scenario)

So you can be in a catch-22 situation.

BTW - I have friends that are Federal agents, they are not "evil" and "out to get you", they are just doing their job - play by the rules and you will have no issues - your mileage may vary.

I completely agree with Bobby+Umit. You can exercise all of your rights in this country. But this isn't criminal law we are dealing with, it is immigration law. The burden of proof is not with the Government to prove a bonafide relationship, it is the petitioners burden. So you can tell the agents to get lost all you want, but be prepared to deal with the consequences {denial). And I don't think that is the worst case scenerio for refusal to let them do their job, it will be the absolute consequence.