UltraViolet007

So my husband and I just had our Green Card interview to make me a conditional permanent resident...we need some advice because we're both really worried.
The interviewer was very picky about proving a "valid marriage", and although we had lots of evidence such as photographs, joint mail, a joint bank account and so on, we do not have a joint lease, mortgage or any bills as we are lvinig in my husband's parents' house. She took my I-94, made copies of my passport and EAD card though, is that good?
The interviewer then said that she could not make a decision as we did not have enough "official documentation" and that she would have to investigate and give us a response in a few weeks...what kind of thing could she try and look for? And what are our chances of approval?

Any help would be awesome!

jeffreyhy

Your Adjustment of Status interview.

I suspect that the interviewer needs to review the documentation that was provided with her superior for a decision as to whether or not that documentation is sufficient to support her decision on the adjustment.

What was the "and so on" that you provided? For my wife it included documentation that she had been added to my insurance coverage and that she'd been made a beneficiary of some of my retirement investment accounts.

S Folinsky

Who knows? Did you have a lawyer with you? If so, what does she say? When I was in practice, I would have times where the DAO would make noises like the one in your case and the approval was in the mail the very next day. Sometimes, it is something as simple as a rookie DAO who is afraid of making a mistake.

Do note that a denial is more work for a DAO than an approval.

If you are denied, perhaps you will be fortunate and placed in removal proceedings forthwith. I used to hate the situations where the case was denied without the concomitant Notice To Appear for Removal Proceedings.

For now, all you can do is wait.

Forgot to mention -- it is very rare to get a flat out denial. If there are real problems in the case, the custom is to issue a "NOID" [Notice of Intent To Deny]. You are then given a set period to respond to the NOID.

S Folinsky

BTW, something like this is an example of where an attorney in the interview can be of help. She will be more likely to be thinking straight and can ask politely "What is the problem?" or "What can we do to help?"

UltraViolet007

We didn't have an attorney with us, however I asked both of those questions and she responded, "I just need to investigate further, but here's what happens if you're approved..."
So I think that's a good sign? Also she took my I-94 card and kept it, plus made copies of my social card, EAD card and passport, so I think these are all good things?
The main issue was that we didn't have enough "state certified" or "official" documents, so I'm guessing she just wants to look at that kind of thing.

jeffreyhy

It's a reminder that people are uncomfortable giving bad news, so in person they will be up-beat when afterwards, when they can do it from a distance in writing, they will deliver the bad news.

This does not mean that I think you'll be denied. It does mean that you should not attempt to attach any particular importance to it. Just wait for the written decision.

Regards, JEff

Hadou

Im the Husband of UltraViolet007

We got over 120 views to this thread.. Come on people we need some serious feedback!

Jeff I feel youre statement is wrong. If youre in that position you have to have the assertiveness to deny people on the spot aswell. You cant hide behind a pen in that position

However we seriously need feedback. The interviewer DID take har I-94, That is a good thing yes? Otherwise why would they take it??

The interviewer also said we responded to all the questions fine, the only issue was official documents. Seeing as we're..well kinda poor and living with my folks (until we can save up enough to get on our own) we dont have much with both of our names on it. I have bank statements but thats about as far as it goes. Im not insured via health insurance, she cannot drive yet so she isnt on that either. She also asked if we had any big purchases like furniture or anything like that. But again being poor we have not. The biggest thing we bought together was probably our computer monitor. She said she had to investigate further and would mail us a response within 6 weeks. We need to know what exactly she would be searching for. We did offer to send in information but she said that wouldnt be needed and she'd search on her own. My wife tells me that they usually only take the I-94 if theyre going to approve you so we just need to know if the interviewer taking that document is a good thing and the other questions asked within this post.

PLEASE post something, anything. We're freaking out.

Sherlock Holmes

I'm sorry for your frustration. I have just viewed this thread (obviously) becuase it is of interest to me. However, I have no expertise or anecdotal evidence in this area to give. Views versus replies doesn't mean that people aren't helping, it means they have viewed and are unable to offer anything of value.

Please bear in mind that posters here are volunteers.

I wish you the best, really. I came to Oz via the spouse route and it can be a very worrying and frustrating time; I know.

katiekat

You have replies here from people that have worked in Immigration law. All you can do is wait.

Noorah101

I understand you're frustrated at this outcome, but really, we laymen have no clue what the officer would or could be searching for. All we can do is guess, and that doesn't really do much good. The only one who knows if you'll be approved is the officer herself.

As a layman, I would say my guess would be that an approval is forthcoming. Just be patient.

Rene

ian-mstm

Respectfully, the officer is not obligated to approve or deny on the spot. If the officer has doubts, s/he is obligated to check further until s/he is satisfied.

I realize you're frustrated, but Jeff is correct... and the officer can hide behind a pen.

Fortunately, if the officer does ultimately deny the application (which I doubt will happen, but y'never know) then there is an appeal process.

Ian

S Folinsky

As a general rule, the I-94 is lifted as a matter of course [there are very limited circumstances where it is not to be lifted]. So, based upon experience, I read nothing into that little fact.

A little appreciated fact, although DAO's have the authority to approve a case, unlike consular officers they do not have the authority to flat out deny a case. Those get reviewed. Also, a denial must be in writing and set forth the reason [they are usually a non-sense collection of "boilerplate" but do give the reason].

As I have mentioned before, a new DAO may not have the confidence to approve cases at the time of interview. DAO's do not get brownie points for approving cases.

On the "appeal process" -- on the I-130, there is an appeal process to the BIA. On the denial of an adjustment, there is no appeal. However, if the alien is here on a visa [iow, not on the VWP or an "arriving alien"], the adjustment can be renewed before an Immigration Judge. I have seen instances where an adjustment is denied without any underlying adjudication of the I-130. I had a case five years back where I knew there would be a problem on the I-485 but I made sure that the I-130 got approved by USCIS. The issue in that case was final resolved last years in the published Quilantan case. In the Yauri, CIS had no problem in approving the immediate relative I-130 but then arrested the alien out of the adjustment interview before the attorney [who was not happy].

"Your mileage may vary" and we don't even have a EPA test on the OP's case.

Rete

Frustration is the keynote of dealing with the USCIS. Laypeople and immigration attorneys can't give definitive answers to the questions you pose. What one agent will do with your evidence might defer completely with what another agent will do with the same evidence.

All you can do at this point is wait a reasonable amount of time, i.e. 60 days and then send a letter to the agent that interviewed and a copy of to legal representative inquiring politely about your cases status. You can also ask your legal rep to represent you in following up with USCIS on your behalf.

Since you lack formal official documentation, did you think to get a letter from the parents stating that you live there? Do you have a friend and/or friends that can write a affidavit attesting to the validity of your marriage through their interaction with you?

Over the years I and others have found that you can and should include evidence that you might otherwise dismiss because they seem so minor but they might well turn it around for you, i.e. those affidavits, letters from employers stating that your spouse is listed an emergency contact or is the beneficiary of your 401K, life insurance, health insurance, etc., membership in clubs or even bowling leagues, if you have filed income tax returns include those that indicate you filed married, mail addressed to you both at the same address, cell phone bills listing both your cell numbers on the monthly bill, etc.

The copies the agent made are required for the interview should have been given to them by you at the time of the interview if not included at the time of submission of the I-485.

Good luck.

Hadou

We're probably screwed. Thats my gut instinct and my gut is usually correct. She came here on the VWP and we decided to get married and she decided to stay. What if she's denied?

jeffreyhy

Now there's an interesting bit of information that neither of you has mentioned up until this point. Puts a whole different light on the apparent uncertainty of the DAO. And, since you used a lawyer to file the application, makes one wonder why you didn't have the lawyer attend the interview with you.

Regards, JEff