FR-US-couple

Came to the US on a PhD program. Married partner of a few years in 2009;
I mid thirties, she mid forties, no children. Obtained conditional permanent residency that year.

Applied for removal of conditional permanent status in 2011 (I-751).
Included in application: two affidavits from friends & family + joint bank and auto insurance.

In response to my application, I was told the documents did not meet the burden of proof. Specifically, joint bank statement + proof of auto insurance did not span time of our marriage.

In second filing, complemented above with data spanning entire period.Added three affidavits, including one from our doctor and another from our tenant (NYC civil servant) as I felt their judgment would be perceived as more independent than friends and family.

Also provided an explanation as to why we had no leases, mortgage etc. and why my wife paid the bills. Since came into the marriage my wife having significant assets including main residence where we both live. I refund her in proportion to my income for shared expenses, with a supporting bank account. I gave email evidence ( looked into possibly putting my wife on my health care plan but that did not turn out economically viable, so she kept hers. Provided proof of health care proxy (proper legal document) from the year of our marriage.

In response to this second filing, asked to go to an interview in Manhattan. I read that this extra step is usually reserved for those that have filed for divorce, not us. We have been living a life together in the same house since
prior to our marriage.

The interview was short and disappointing. We thought we'd be asked to talk about our marriage, but that did not happen. When offered to justify certain lapses, we were not given that opportunity. At the end the interviewer did not return my green card.

What should I expect?

PS: More detail about the interview:

Interviewer was probably learning about the case as interview went along. Asked to show joint account but I did not have it (I did keep a list of the things I transmitted by mail to USCIC). Instead, I told interviewer it must be in our case folder on the table. Interviewer asked my wife 'so you're the one who pays all the bills then?' (answer: yes, since I own the house since prior to marriage). Asked if we had joint investments (answer no; wanted to say 'how could I, since I depend financially on my wife for the time being').

Asked about why no income tax (answer: scarce employment track record.). Asked what I did for living (answer: unemployed, engineering background). Asked if deported/proceedings (answer: no). Verified where I lived (at my wife's house stated address, zip code etc), date of marriage. Asked for photos. My wife wanted to show them from the ipod but interviewer refused to look at it; only printed photos. Asked about joint health care. I answered: 'no, but I can explain why' (see above), but interviewer did not care to know.

She then told us she would make a judgment based on what's in our file and we would be notified in 60 days and alluded to going to court if things didn't turn out the way we wanted. My wife asked about getting out of the country to visit ailing family member. She said no problem as long as husband has a green card (we realized later it wasn't returned). We we're showed us the exit twice...

When I got outside of the building I realized she did not return the green card. So I went back in and found interviewer near the elevator. So I asked if I could get it back and answer was 'no'. I asked if it was a bad sign; answer was 'no, if it's expired we don't give it back', and I just said 'thank you & good bye'.

Noorah101

Sorry to hear things went badly. Have a consultation with an immigration attorney ASAP, so you can get an idea of what might happen if you don't hear favorably within 60 days. Meanwhile, you have the 1-year extension letter as your current proof of legal status.

Rene

Noorah101

I renamed the title of your thread, to more accurately reflect your issue.

Rene
Moderator

Noorah101

USCIS also randomly pulls some files for an interview for quality control purposes.

Rene

FR-US-couple

Thanks for word of support and renaming of title.

jeffreyhy

Sounds like you were ill prepared for the interview.

I'd have had a consultation with an immigration attorney following the disapproval of the initial petition to remove conditions, before re-filing.

At this point, I would definitely be consulting with an immigration attorney rather than an internet newsgroup.

Regards, JEff

RICH

You said "When offered to justify certain lapses, we were not given that opportunity."

In other words they did not ask about these perceived lapses.

I would sugest that, the answers you gave to the questions they asked is where the problem is. Not the answers you did not give to the questions they did not ask.

ian-mstm

Respectfully, there should still have been tax returns. One, or both, of you is probably working and you have a tenant... that means income and perhaps interest income from your wife's assets. Whether or not the income is sufficient to warrant filing a return isn't the issue. USCIS loves to see tax returns - as it's proof of commingling of finances.

Ian

FR-US-couple

There was no disapproval, only request for further information.

FR-US-couple

Do you have joint health plan? Answer: no, I can explain if you like. The explanation *would have been*: we looked into joint health plan and it turned out to be more expensive. Supporting evidence of price quote and email exchanges with health care provided included in file. We didn't decide on our health care to prove we are married. Is that what cheaters do?

Rete

Even if you were unemployed you should have been named on your wife's income filing since she had to have filed "married" whether or not she filed "married filing separately" or "married filing joint".

The IO was correct in not returning your green card. You have your proof of status in the notice of action you received when you filed. If that has expired make an infopass appointment and get the stamp in your passport as proof of continued status until your case is adjudicated.

I, too, think you went to the interview ill prepared. The need for physical copy of a photo is so that it can be retained by the USCIS and inserted in your file. You did not have this.

Things you could have submitted are:

Snail mail addressed to you both at the same address

Beneficiary statements for life insurance, 401(k) plans, etc.

Joint credit cards (did your wife not add you to one of her cards?)

Registration of automobiles

Club memberships

Telephone bills if you are both covered under the same plan

You see where I'm going with this?

ian-mstm

The answer should have been, "No, because it was more expensive." You should not have asked if she wanted to hear an explantion - you should have just told her.

Alas, had you found this site prior to the interview, you would have been much better prepared for what lay ahead. Water under the bridge now... you must deal with things as they are.

Ian

FR-US-couple

It would have been better to say it like that, but it doesn't explain why the interviewer was not interested in the explanation. It's supposed to be a conversation, not a high school recitation contest.

FR-US-couple

Continued from last reply:

The explanation about no joint health care is contained in the file. If the interviewer follows up with promise to make a decision based on evidence in the file, will come across it anyway.

Yet, there is much more to our marriage than joint account that interviewer won't find in the file because that wasn't even discussed during the interview. One would expect, since financial evidence was lacking (again, there's a simple reason: my wife is the breadwinner), that dimension would have been explored.

Why wouldn't interviewer, after asking for pictures, not look at them under the pretense they are on an ipod, not in print format. Almost seems we we're being set up for failure.

Nutmegger

Can you step back a little and see that what you wrote here sounds far more like a business arrangement than a marriage? Most couples just shove all their money in one account, for better or for worse, rather than "refunding in proportion to [their] income," whether it is the man or the woman who is the breadwinner. I understand that it's different strokes for different folks, but when it comes to immigration a full co-mingling of finances and by extension lives makes for a far stronger case.