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.

Ray

Now would be a good time for a lawyer though ....

ian-mstm

It seems to me that you can't afford *not* to hire an attorney. I guess it all depends on your priorities... do you want to successfully adjust your status or not?

Ian

CarlM

I concur.. especially for dodgy marriages like this one.

kaktus

I asked for an advice and I don't want you to express your opinion about the nature of our marriage .

I asked my boss and he said that our company can sponsor me for H1B visa. I can get a stamp in Canada. My coworker just came back with H1B stamp last week. But the quote for this year is over:-(
I basically don't need a green card if i can leave and come back at anytime and keep working for the same company.
Do you think it will be a problem for me to get H1B while AOS is pending?
Thank you

Bob

Yes, because the quota is filled and if you got an H1B, you couldn't start work on it till Oct anyway....

kaktus

But my EAD is still valid. The question is can I apply for H1B if my AOS is pending. Just in case. I don't know how long it will take for them to make a decision regarding my AOS. In case I want to leave the country and then come back. I'm afraid to use AP.

Bob

You can apply if your employer is willing to sponsor you for it and spend the readies...

And what have you got to be afraid of the AP for? had any issues of an overstay?

Rete

You don't say where you are but there are organizations such as Catholic Charities which have sliding scale fees and in NYC there is the city immigration department.

You also haven't availed yourself of your husband's congressional representative's immigration laision?

There are avenues open other than a high priced attorney you might want to try first. I don't see where your marriage is fraudulent from what you wrote but then I don't really know you or your life but will take your word on its legitimacy.

CarlM

Thats ok - my opinion is free of charge for you.

kaktus

I used my AP for a few times. Never been out of status, but I'm afraid to leave the country using AP:-( because there is no decision so far and I don't know what to expect from them - positive or negative results.
I've read on this forum that some couples still waiting after 10-15 months after the interviews.

I'm still mad at this officer, because he was very unfriendly. We are a young couple (I'm 24 and my husband is 25 years old) and he asked us why we moved so many times and why we don't have kids:-( May be they want to increase a demographic situation in US. And why we don't have any common property. Thats really stupid questions I think.

kaktus

May be its a good idea to wright a letter to the congressman. I know that at least they can find out whats the reason for a delay.
Thanks

Bob

There pretty normal questions really, I mean, people do often plan to have a family and settle down at some stage, so there's nothing wrong in asking that.