kaktus

My situation is complicated.
I came to US on J-1 visa without 2 years requirement (Work and Travel).
Changed my status on B-2 after 4 months and got the approval notice. After that I applied for H1-B and it was approved. I worked on my H1-b status for 3 months and then I got married to US citizen and moved to another state where I filed my AOS package.
I sent all the paper work to Hartford Sub office on Jan 14, 2004. I got my EAD and AP in a few weeks and my interview thereafter was scheduled on Jan 4, 2005 in Hartford Sub Office. We brought all the documents to prove our bona fide marriage, but forgot the tax returns for last year. The officer asked us to send it by mail and we mailed the additional papers in a couple of weeks. I didn’t get my conditional green card after the interview or by mail. A few months later we moved to NY and transferred the case to NYC office in June 2005. I received a notice that the case was transferred. They called us for a second interview that was scheduled on March 9, 2006 at 9am.
We got there earlier and we were surprised because no one was in the waiting room except the clerks at the counter. Clerks were surprised also that we came for an AOS interview and they told us that this is probably a mistake because they had a TRAINING DAY. They called the officer who was suppose to interview us and asked to wait.
They called us three hours later. The officer introduced us to the trainee and asked if we don‘t mind if the trainee will be in the room while he will be interviewing us. We didn’t mind.
He asked the formal questions, have I ever been arrested, on what status I came, where we met etc. We showed all the paper work: lease, credit card statement, joint account statements, utility bills, insurance cards, pictures, letters from employers, pay stubs, etc
Then he asked us to show the keys from the apartment, and after that he started asking more question. (we had the same keys including the key from mailbox.)
They asked me to leave the room and they were pushing on my husband to admit that our marriage is fake and I only want to get green card through marriage with him. That I know what I’m doing and right after I receive my green card I will leave him (my husband told that me later – after the interview was over). They told him that if he will admit that – they gonna deport me right from this room. He was in the room with them for 2 hours. The interview was for 5 hours
They called me and said that they can not approve this case at this moment and we will receive a decision by mail.
It will be three months on June 9, 2006 and so far we didn’t receive anything.
I called the USCIS 800 number and they asked me to provide all the information to submit the form about the status of my case over the phone. It was more then 30 days ago but the customer service representative told me that I should receive a letter on my request within 30 days.
I don’t have an attorney because I can’t afford to pay thousands of dollars for their services.
Please – any advices will be appreciated.
Thank you in advance.

Noorah101

As far as I can tell, you only have a couple of choices. Sit back and wait till they approve it, or hire someone to look into it.

Best Wishes,
Rene

Folinskyinla

Hi:

Ah, I hate when we have "training" sessions -- but I've never been asked for a choice. However, I try to use it as an opportunity for ME to help train the new officer.

You might want to try an InfoPass.

Also, if your case is problematical [and it might not be], you canNOT afford to avoid paying $$'s for an attorney. At least get a consultation.

kaktus

How can my case be problematical ? I never been out of status. Went home using my AP, work on EAD and pay taxes. What can be problematical?
I've been married for 2 years and 7 months.
I called to get a free consultaion from local attorney office - they told me to wait. Can't wait anymore

Folinskyinla

Hi:

Sigh. Whatever.

Noorah101

If you simply can't wait anymore, you can make an Infopass appointment to go in person and make an inquiry. Be aware that they may also tell you the same thing in person "you'll just have to wait". But, it might be worth a try.

Best Wishes,
Rene

kaktus

I'll definitely do that.
I called them and asked an immigration officer that I want to know more detailes about the status of my case, they asked me to provide the information for that form that they submitted over the phone to the officer who actually interviewd me (thats what they said). I also did the same thing before - that's the form you submit when you go through infopass appointment).
It was more then 30 days since then.

Noorah101

Just so you know, the folks who answer the phone at the 800 number are just contract workers who know just about nothing regarding immigration. Unless you went through the chain and spoke to someone higher up during your phone call, I wouldn't put any faith in what the 800 number peeps tell you. Go in person and make an inquiry.

Rene

babboo2006

Sorry to hear about your experience. Obviously this officer had alot of free time on his hands to conduct a 5 hour interview, since it was training day. It would not have gone down this way was it a normal work day and he had to interview numerous other couples.

Noorah101

He might have even been tough on purpose, if his intent was to train a newbie - maybe he was supposed to demonstrate how a tough grilling is to be done - including separating the spouses, asking for additional info, etc. Who knows.

Rene

kaktus

I hope that he only wanted to show how to train, but me and my husbund we were scared that they might deport me.
I know that some couples wait after the interview a couple of months because of the FBI check or name check. I don't know if I should check on that if i went through the name check yet.
I don't know the reasons for the delay. I should get something at least. If my case was approved or denied. Two interviews and no results:-(

kaktus

I went to Federal Plaza today with the info pass letter.
First they sent me on 3th fl and the representative told me that my case is pending, then she sent me on 8th fl - and in their database my case is pending too
And she dosn't know the reason. Once again she asked me to submit that green form to enquire about the status of my case and told me to wait a decision or respond by mail.
3 hours - no results.
Why it is still pending - who knows.

hcj1440

Honey, you have a problem. From what you described, USCIS accused you of marriage fraud. Despite the fact that you have never been out of status etc, you still have this little problem of USCIS having doubts about your marriage. I agree with Rene -- you can ignore it and hope for the best, or you can go see a lawyer and try to do something about it. I have low risk tolerance so I would personally opt for the attorney but that is just me.

katesbackagain

I am inclined to agree. I don't think that a responsible USCIS officer would put the fear of God into someone just to train a new employee. Haven't they heard of "role-playing"?

I personally would hire an atty for at least a consultation and go from there. It'd be worth it for peace of mind and to try and get an answer.

Kate. xxx

kaktus

I received a letter today from congressman's office. It says in the letter that they will start working on my case.

OK. If the officer would think that our marriage is fake - they would deport me from that room the same day. I heard about that.
We had a separated interview - but they didn't ask questions about our common habits , etc, they pushed on my husband and tried to make him to change his mind - that I use him to get a green card and its not just about love. That I changed my status to many times and I know what I'm doing and I'll do anything to stay in this country. He said a few times - lets dice if it's so hard for my husband to make a decision!!! and if he wants - they will deport me right away for free:-)
We showed enough evidence - including pictures, lease, tax returns, bills, medical insurance cards, life insurance, credit cards, joint accounts and tax returns - everything on both names. The ImmOfficer took all the copies of that including a couple of pictures from the album.
We had the same keys from the apartment. Only one thing that my husband couldn't remember that how many times I was back home. (I couldn't remember myself - so we said different numbers both wrong)

They can think anything - may be I married him because It's cheaper to live together and we can split the rent and utilities, and I can get my green card if we have sex 3 times a day. May be everything counts in this country.

I don't really care about their decision. My employer said that they will file for H1B soon so I can work and live legally being married to us citizen.
If I don't receive anything within 1 month I'll file the complaint and will sue them. Because we really had a hard time on that stupid training interview.