Rete

Seriously, why are you confused and why is an explanation required? The procession of fraudulent marriage to adjustment problem is quite clear, at least to a layperson's logical train of thought.

USCIS' problem with believing validity of marriage equates to a problem with adjustment of status. Actually quite simple if taken logically.

S Folinsky

I was under the impression that the procedural posture was entry on a VWP, marriage, and then filing of a combined I-130/485. I was under the impression that CIS was challenging the marriage.

Perhaps the OP can clarify the situation.

No advice given nor intended.

mrsvic

Yes, that is correct,
However, the challenge of the marriage came up at their Interview yesterday , and the thread progressed to the discussion of what would happen if his AOS was denied, as a result of USCIS not believing it to be a bonafide marriage.

S Folinsky

Now it is a little clearer. However, the contents of this thread seem to suggest that you believe that the adjustment based upon the marriage can be renewed before the Immigration Judge in those circumstances. What relief would he actually be seeking? I'm sorry, but I don't see what it is.

Observation: without an accurate description of facts, many of the comments made on this forum may very well be worthless.

Advice not given nor intended.

mrsvic

The comments given about being renewed before an immigration judge, were given to them yesterday by an immigration laywer, when they asked Laywer what would happen if he AOS was denied.
I don't see that either, I was just given the info they had

S Folinsky

General observations: [and I bet these are in the wiki]. In general, there are two applications on the path to the green card. The first is the visa petition. In a marriage case, this is an I-130 filed by your daughter-in-law. The second application by your son for the green card. This is usually done one of two ways -- immigrant visa abroad or adjustment in the US. AOS is an analog to immigrant visa processing. When doing the immigrant visa, the process is generally [lets leave aside "DCF" for the moment] for CIS to adjudicate the visa petition and when it is approved, the Department of State takes over. In regards to AOS, CIS adjudicates both and for administrative convenience, both the I-130 and the AOS can be filed together. But still, no approved I-130, no green card.

If the I-130 is denied, your daughter-in-law, not your son, has the right to appeal the denial to the BIA.

You have been asking what will happen to your son in the meanwhile.

Further observation: the above info is basic "immigration 101."

I have made only observations and a very general description of the process. No advice has been given and neither is any intended.

mrsvic

Thank you for your observations
The i-130 in still pending, no further news since it was submitted concurrently with i-1485
At the AOS interview yesterday, the officer said to DIL (after their seperate interviews, albiet this was there first interview, not second), he thinks it may be marriage fraud because of some inconsistenices, and that my son was extremely nervous - but my son had no idea they were going to be grilled so intensly with someone typing everything that was said, and he said it just freaked him out.
The officer then asked DIL if she wanted to say anything...
He then went on to say he is giving them a second chance.
They then recieved form 172, box ticked was for 'other' info, typewritten was his 'long birth certificate' his 194 and copies of his passport

Thanks

jeffreyhy

A couple of things that you may want to check up on.

You do understand the difference between change of status and adjustment of status?

A comment in a post in another thread that meauxna referenced,
"In order to enforce your departure [other than a VW entrant], DHS would have to initiate "removal proceedings" before the Immigration Judge."
implies to me that DHS may not need to initiate removal proceedings before an immigration judge in order to remove a person who entered the USA under the VWP. If this is correct it may have slipped the mind of the immigration attorney your son consulted, and it would mean that there would be no opportunity for your son to renew the AOS application at court.

Regards, JEff

mrsvic

Hi Jeff

Yes, what i took that to mean.
With regards to COS or AOS, I understand you cant change your status on VWP, and if you on another type of Visa you can, thats all i understand really.

The extract below form a previous post is what the Attorney said, which seems to suggest you can appeal te judges order..

************************************************** *******
Q- if denied, i understand there is no bases for appeal as changed status from VWP (i know this statement isnt 100% correct, but i think most get the gist of it)

A - You have not changed status from your VWP. You have applied to adjust your status to permanent resident based on your marriage to a US citizen. While the application for adjustment of status is pending you are in a period of stay authorizaed by the attorney general. you have not yet changed status, as there is no change of status allowed for a VWP.

If you are denied you will be put into removal proceedings. CIS has to prove you and your wife have been untruthful and the marriage is not bona fide.
If the judge orders the removal then you can appeal the judges order. It is very difficult to prove an error of law because it is really based on you and your wife's credibility......

jeffreyhy

mrsv,

No. In immigration speak:

change of status means going from one non-immigrant status to another non-immigrant status

adjustment of status means going from a non-immigrant status to immigrant.

The distinction should help you to better understand what the attorney was saying in the first part of the answer.

Regards, JEff

S Folinsky

Observation: for clarity of thought, use of the old term "combined processing" interview might be a good idea. The interview was on both the "visa petition" and the "adjustment of status."
No advice given nor intended.

mrsvic

Thanks Jeff, makes more sense now

mrsvic

my misunderstanding, didnt realise that, but of course, now thinking about it, i suppose it must of been on both.

I know someone earlier mentioned that some local offices do conduct separate interview as matter of course.

But, from what i can gather, it did seem like a 'stokes' interview (with someone taking n notes etc),

Upon googling 'stokes interview, it appears that you are normally made aware you will be attending one, after something came up at first interview. Thereby prewarned.

Noorah101

But not always.

Rene

mrsvic

obviously not!!
just their luck, i think thats what made my son so nervous, as he thought they would be interviewed together, as none of us had even heard of 'stokes' interview till yesterday!