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OMG - interview hell

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Old Mar 15th 2010, 4:27 am
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Default Re: OMG - interview hell

Originally Posted by jayde
maybe a couple of stat decs (statements, signed at risk of perjury) from people who know their relationship, ie landlord, professor, doctor. Letter from both parents, along with any correspondence that shows the two lives intertwined, would help.

I am sorry this is so stressful,

good luck
Thanks.
They did provide a couple affidavits from us and her family.
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Old Mar 15th 2010, 4:30 am
  #17  
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Default Re: OMG - interview hell

Originally Posted by mrsvic
They going to bank now, and if they still wont do it they going to Wachovia as told they will
Just a thought, but I'd press the current bank hard to turn the account into a joint account. I'm not sure how much weight would be given to the evidence of a brand new bank account that had been opened since the first interview?

Unsure how much more weight would be given to the current account being made joint, but suspect it is the better choice for evidential purposes.

Good luck!
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Old Mar 15th 2010, 4:33 am
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Default Re: OMG - interview hell

Originally Posted by Rete
To add to Noorah's response, this type of interview is standard in a few district offices, i.e. Kentucky. I'm sorry your son was nervous and suffered brain farts () when it came to answering questions.

I'm also sorry that you thought the interview was just a formality. I wonder if you had given your son this impression as well of the impending interview and that because of that he and his wife were not sufficiently prepared.

Also note that your son married without having a K-1 first and if I remember correctly he used the VWP to enter the US, married and remained. If this is correct, he is lucky to have the opportunity to correct the first impression that the couple gave as to their marital status. Love does not enter into the equation for purposes of adjustment of status. Facts and evidence of a marital union where social and financial comingling of lives is what will prove the validity of the marriage. The act of attempting to adjust from the VWP entry would mean that if denied he would not have the right to appeal the decision if denied.

What, if anything, did they bring to the interview to show this?
Thanks,
As said in another post, i think you correct and i did portray that impression to them, god i feel so bad.

i understand that he wont be able to appeal if denied. So if they had to move to UK, would he be barred from re-entry to the us?

also, how long would be have here if denied?
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Old Mar 15th 2010, 4:35 am
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Default Re: OMG - interview hell

Originally Posted by celticgrid
Just a thought, but I'd press the current bank hard to turn the account into a joint account. I'm not sure how much weight would be given to the evidence of a brand new bank account that had been opened since the first interview?

Unsure how much more weight would be given to the current account being made joint, but suspect it is the better choice for evidential purposes.

Good luck!
I know, and they going to try.
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Old Mar 15th 2010, 4:37 am
  #20  
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Default Re: OMG - interview hell

Originally Posted by mrsvic
The i-94 is in his passport?
Is this meant to be a question or a statement? I take it as a statement that the I-94W is in his passport.

not sure why the officer said he need it? maybe he didnt see ??
I think the officer saw it at the time of the interview, and since he had not made up his mind, he did not remove it from the passport. When someone is approved for AOS, the officer takes away the I-94 or I-94W. Since he wasn't sure on the approval, he did not take it.

Now, on the letter you're looking at, the officer wants to take the I-94W which is a good sign, in my opinion. Have your son send it in. But keep a copy of it for your own records first.

Rene
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Old Mar 15th 2010, 4:48 am
  #21  
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Default Re: OMG - interview hell

Originally Posted by Noorah101

Now, on the letter you're looking at, the officer wants to take the I-94W which is a good sign, in my opinion. Have your son send it in. But keep a copy of it for your own records first.

Rene
I would not advise to the original I-94W but a copy of it. Make clear copies that show every mark on it. If he is not approved it will need the original when he leaves the US.
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Old Mar 15th 2010, 4:52 am
  #22  
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Default Re: OMG - interview hell

Originally Posted by Rete
I would not advise to the original I-94W but a copy of it. Make clear copies that show every mark on it. If he is not approved it will need the original when he leaves the US.
Good point. Hopefully a photocopy will be OK for the officer to approve.

Rene
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Old Mar 15th 2010, 4:54 am
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Default Re: OMG - interview hell

Originally Posted by Noorah101
Is this meant to be a question or a statement? I take it as a statement that the I-94W is in his passport.


I think the officer saw it at the time of the interview, and since he had not made up his mind, he did not remove it from the passport. When someone is approved for AOS, the officer takes away the I-94 or I-94W. Since he wasn't sure on the approval, he did not take it.

Now, on the letter you're looking at, the officer wants to take the I-94W which is a good sign, in my opinion. Have your son send it in. But keep a copy of it for your own records first.

Rene

Yes, sorry was a statement.

Additonal info from them

When DIL was called back in, theofficer said he thinks marriage may be fraudelent , because my son was so nervous and couldnt remember her dads name, well he did after about 15sec..
To give DIL credit she just said to him , OK, but if he is deported it will be sad as she will move to the UK and will have to leave her family friends, school etc.
He then said hes given then another chance to submit add evidence,which they will.

I told them to be positive as some of the obscure q's asked they got correct, and hopefully if the officer listens back to Interview, they will hopefully see they were being truthful
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Old Mar 15th 2010, 6:09 am
  #24  
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Default Re: OMG - interview hell

Originally Posted by mrsvic
Thanks,
As said in another post, i think you correct and i did portray that impression to them, god i feel so bad.

i understand that he wont be able to appeal if denied. So if they had to move to UK, would he be barred from re-entry to the us?

also, how long would be have here if denied?
Rete

Do you know what would happen if he's denied with no appeal available

Thanks
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Old Mar 15th 2010, 6:52 am
  #25  
 
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Default Re: OMG - interview hell

Originally Posted by Noorah101
Good point. Hopefully a photocopy will be OK for the officer to approve.

Rene
I think a copy certified by a notary public might be better than just a plain copy. For the few dollars it will cost I certainly would do that.
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Old Mar 15th 2010, 7:13 am
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Default Re: OMG - interview hell

Originally Posted by mrsvic
i googled stokes interview...
most of the results were how to beat the immigration interview..
apparently its normally the second interview, and you are warned they suspect you of fraud, and because it it so severe you are best to take lawyer in with you!
This obvioulsy wasn't the second interview and have no idea why tey suspect fraud
Really? Just looking through the history of your posts and I can see that the topic came up, tho maybe indirectly.

Look, I don't usually send everyone off to an attorney for a straight forward case, but your son's is not. It's certainly very possible that your immigration history, and that of your daughter, was looked into as a part of your son's AOS. That evidence, along with a weak showing from the couple-in-love, may have influenced the officer to think the marriage is solely for the immigration benefit.

You have mentioned that you have an immigration 'consultant' and other words, but you've never said if he's an attorney (or if he has family-based case experience). You might look at having a consultation with someone who can help fix this if it's a serious problem.

Of course, it could just be that the officer gets the missing information and approves the case. There's no way we here could place odds on an outcome.
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Old Mar 15th 2010, 7:16 am
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Default Re: OMG - interview hell

Originally Posted by lansbury
I think a copy certified by a notary public might be better than just a plain copy. For the few dollars it will cost I certainly would do that.
on the letter it states to provide:
submit a copy of beneficiary's 'long' birth certificate
submit a copy of beneficiary's passport
submit the beneficiary's 1-94

It doesnt state copy of i-94.. shall they get it notorised and keep the copy?


Thanks
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Old Mar 15th 2010, 7:23 am
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Default Re: OMG - interview hell

Originally Posted by meauxna
Really? Just looking through the history of your posts and I can see that the topic came up, tho maybe indirectly.

Look, I don't usually send everyone off to an attorney for a straight forward case, but your son's is not. It's certainly very possible that your immigration history, and that of your daughter, was looked into as a part of your son's AOS. That evidence, along with a weak showing from the couple-in-love, may have influenced the officer to think the marriage is solely for the immigration benefit.

You have mentioned that you have an immigration 'consultant' and other words, but you've never said if he's an attorney (or if he has family-based case experience). You might look at having a consultation with someone who can help fix this if it's a serious problem.

Of course, it could just be that the officer gets the missing information and approves the case. There's no way we here could place odds on an outcome.
Hi Meauxna

Thanks for reply
Looking at it like that, i do see where your coming from
I was not looking at it from that perspective just there marriage..

No, not an attorney, and he was only used for my L visa.

Can you or someone advise if the outcome is a denial, what happens after that?

I have searched and cant find anything if your AOS denied whilst done on VWP.

If they have to go back to UK, can he come back or is it an automatic ban - i read something along the lines that in this situation they would have to apply for a spousal visa from the UK? does anyone know anything about that

Thanks
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Old Mar 15th 2010, 7:25 am
  #29  
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Default Re: OMG - interview hell

Originally Posted by mrsvic
on the letter it states to provide:
submit a copy of beneficiary's 'long' birth certificate
submit a copy of beneficiary's passport
submit the beneficiary's 1-94

It doesnt state copy of i-94.. shall they get it notorised and keep the copy?


Thanks
I suspect that the officer intends to approve your son, once they submit those documents plus further evidence of their joint life together.

This is only my own opinion, but I would send in the original I-94W and keep a photocopy for myself.

Once the green card is obtained, there is no more use for the I-94W.

Just in case the green card is NOT obtained, and he needs to leave the USA, he can show the photocopy of the I-94W plus a copy of the RFE showing he needed to submit the original to the officer.

Don't take my word on it, though, I'm just saying what I would do.

Rene
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Old Mar 15th 2010, 7:27 am
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Default Re: OMG - interview hell

Originally Posted by mrsvic
read something along the lines that in this situation they would have to apply for a spousal visa from the UK? does anyone know anything about that
I don't know exactly what happens in a denied AOS situation, how long they give him to leave the USA, whether there is a ban involved, etc.

But I know if he leaves the USA, he will need a spouse Immigrant Visa in order to legally return to live in the USA. And if there is a ban involved, he'll need a waiver to overcome it. That is definitely lawyer territory.

Rene
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