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Removal of Conditions - awful interview

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Old Aug 10th 2012, 5:27 am
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Default Re: Removal of Conditions - awful interview

Originally Posted by Rete
The generalization is from my personal undersanding a fact. In France, as in Quebec, a woman does not take a husband's surname upon marriage and their assets are not comingled. If either of those things happen, it is only because they choose to do so, not because it is the norm.
You are admitting that you are generalizing from personal experience. The French are no different than the rest of the Western world. A higher propensity for 'menage à trois', perhaps? Besides, it is my wife who is American so right there you're reasoning wouldn't apply.

Originally Posted by Rete
Actually you aren't. My husband was not on several occasions given fair treatment by USCIS personnel and he was from Canada and English was his primary language. He had his papers thrown back at him by desk personnel and told that he should of hired NY local counsel rather than one in California. When a legal counsel in the room noted the treatment he attempted to intervenue and my husband was told to leave or be escorted out by security. It was the same type of behavior as social security personnel when he questioned their decision based a decision that was repealed by the agency but not known by the personnel.

In both instances, he filed formal complaints and although he heard back in response to both complaints he was in essence told nothing would be done to the personnel in question and that more or less he was to suck it up.
You are confusing 'entitled to' and 'actually received'. What you are describing, however, is not becoming of an administration. I hope it's an isolated incident and it won't get to that in my case.
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Old Aug 10th 2012, 5:30 am
  #32  
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Default Re: Removal of Conditions - awful interview

Originally Posted by floatsy
With due respect, the people of this forum seem to be giving you well intentioned, helpful perspectives and advice for your consideration. They are not arguing you, nor are your opponents.

FWIW I am in the EU at the moment and the way the immigration people treated me here was terrible, and I can say the same about my 'status' back home etc...

Well wishes
You seem to misconstrue arguing as an offense. There was no such intentions and the advice to seek legal advice is well taken.
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Old Aug 10th 2012, 5:33 am
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Default Re: Removal of Conditions - awful interview

Originally Posted by celticgrid
I'm reading your comment as that the foreign account was opened in your wife's name, and you are paying into it.

If so...

Why on earth was not that new foreign account a joint account? It seems that rather than this being weak evidence, it is harmful evidence.

Take the advice previously given several times, and see a lawyer.
We're just being consistent. The account's address is my family home in my native country.
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Old Aug 10th 2012, 5:39 am
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Default Re: Removal of Conditions - awful interview

Originally Posted by FR-US-couple
We're just being consistent. The account's address is my family home in my native country.
You don't get it, do you? The address could be anywhere in the world, it is the name on the account that is important.

And the "consistent" position you are taking is, if you stop and think about it, the hurdle you need to overcome, and one which you have built yourself. Stand back, look at it from USCIS' viewpoint under their rules...
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Old Aug 10th 2012, 6:04 am
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Default Re: Removal of Conditions - awful interview

Originally Posted by celticgrid
You don't get it, do you? The address could be anywhere in the world, it is the name on the account that is important.
When it's about my health insurance contract, the address matters, but not my wife's account?

And the "consistent" position you are taking is, if you stop and think about it, the hurdle you need to overcome, and one which you have built yourself. Stand back, look at it from USCIS' viewpoint under their rules...
What rule precludes that we have a joint account but also keep separate accounts from which we pay most expenses, but contribute jointly by making transfers to each other in proportion to income. Only an Orwellian government would punish us for that. Is that what you all are saying?
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Old Aug 10th 2012, 6:07 am
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Default Re: Removal of Conditions - awful interview


Well as I said I live in Europe, and the "government" position - if that is what you call the immigration authorities, is far more difficult than what you have mentioned here.

Cheers.
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Old Aug 10th 2012, 6:17 am
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Default Re: Removal of Conditions - awful interview

Originally Posted by floatsy
Well as I said I live in Europe, and the "government" position - if that is what you call the immigration authorities, is far more difficult than what you have mentioned here.

Cheers.
It's not an EU vs US post.

Besides there is no such thing as European immigration authorities, except perhaps at the inter governmental level. European directives are translated into national law and implemented by national authorities with some degree of discretion.
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Old Aug 10th 2012, 6:18 am
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Default Re: Removal of Conditions - awful interview

FR,

I don't want this whole thing to get blown out of proportion. As I said, some cases are chosen randomly, you could be one of them. Case officers vary from being super duper nice, to being the "officer from hell". There really is no point picking apart what happened any more than we've done here. No one can get inside the officer's head (nor should they try), to see why she did this or that, or didn't do this or that. You had a bad experience, and now all you can do is wait for a result. In the meantime, consult with an immigration attorney to see what you can do IF (and that's a big IF) your I-751 gets denied. The consultation can range anywhere from free to about $200, but it could put your mind at ease to get a professional's opinion.

This discussion can last forever regarding the "why" aspect, but the fact is none of us knows.

Personally, my gut feeling says you'll be fine.

Rene
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Old Aug 10th 2012, 6:26 am
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Default Re: Removal of Conditions - awful interview

Originally Posted by FR-US-couple
When it's about my health insurance contract, the address matters, but not my wife's account?
Correct. Part of the evidence of a life together is the commingling of assets. Let's look at it from a viewpoint that isn't hung up on being "consistent"...

The account is in your wife's name. Your wife can change the address on the account any time she likes. You - and your family back home? - are paying money into that account. That's not a commingling of assets, that's a transfer of assets, from you and your family, to your wife. And you presented that to USCIS as evidence supporting your application?

Originally Posted by FR-US-couple
What rule precludes that we have a joint account but also keep separate accounts from which we pay most expenses, but contribute jointly by making transfers to each other in proportion to income. Only an Orwellian government would punish us for that. Is that what you all are saying?
No rule at all. Though you did say...

Originally Posted by FR-US-couple
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.
So there's nothing wrong, per se, in what you have done, but how recent was that joint account set up? The more recent it is, the weaker it is as evidence.

You have to start viewing this from their point of view and not keep expecting everyone else to see it from your view. It's not your rules this game is played under.

Good luck. Get legal advice.
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Old Aug 10th 2012, 6:26 am
  #40  
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Default Re: Removal of Conditions - awful interview

Originally Posted by Noorah101
FR,

I don't want this whole thing to get blown out of proportion. As I said, some cases are chosen randomly, you could be one of them. Case officers vary from being super duper nice, to being the "officer from hell". There really is no point picking apart what happened any more than we've done here. No one can get inside the officer's head (nor should they try), to see why she did this or that, or didn't do this or that. You had a bad experience, and now all you can do is wait for a result. In the meantime, consult with an immigration attorney to see what you can do IF (and that's a big IF) your I-751 gets denied. The consultation can range anywhere from free to about $200, but it could put your mind at ease to get a professional's opinion.

This discussion can last forever regarding the "why" aspect, but the fact is none of us knows.

Personally, my gut feeling says you'll be fine.

Rene
Excellent. Thanks.
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Old Aug 10th 2012, 7:07 am
  #41  
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Default Re: Removal of Conditions - awful interview

Thanks for clarifying that, and at the same time wondering why to didn't say so in your opening post. Calling it a "second filing" made it sound as though you'd had to file a new petition.

Which leads me to wonder if part of the problem may have been miscommunication between you and the inteviewer - perhaps you did not explain yourself clearly enough, as happened here. In any case, my advice remains the same - see an immigration attorney.

Edited to add, now that I've finished reading the thread: with regard to communication, if you expressed yourself verbally in the interview the way you've expressed yourself in writing in this thread, I can see that the interviewer might been put off. There's a time to be self-assured and a time to grovel - interviews with USCIS are the time to grovel.

Regards, JEff


Originally Posted by FR-US-couple
There was no disapproval, only request for further information.

Last edited by jeffreyhy; Aug 10th 2012 at 7:28 am.
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Old Aug 10th 2012, 7:14 am
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Default Re: Removal of Conditions - awful interview

What happened to Mr.F's rule of interviewing that states "answer the question that is asked", which I believe you quote on occasion? The question "Do you have joint health plan?" is a yes-or-no question, the same as "Do you know what time it is?".

Just wondering.

Regards, JEff

Originally Posted by ian-mstm
Originally Posted by FR-US-couple
Do you have joint health plan? Answer: no, I can explain if you like.
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.

Last edited by jeffreyhy; Aug 10th 2012 at 7:24 am.
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Old Aug 10th 2012, 7:31 am
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Default Re: Removal of Conditions - awful interview

Originally Posted by FR-US-couple
If our expenses were paid through our joint account I would still be paying in proportion to my income. Welcome to the 21st century: all legitimate couples have business arrangements in one form or another.

My wife earns rent income on assets acquired before the marriage and pays related bills off of that. It's perfectly natural she keeps a financial firewall between us.
I'm beginning to see why you are having problems with USCIS. Each to their own of course, but I don't have a business arrangement in any form with my wife. Everything goes into one account and we send what is there. Sometimes she spends more and sometimes I do. I couldn't even tell what percentage of the total we each pay in, as it is all ours. If you are keeping assets separate as well, no wonder USCIS are suspicious.
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Old Aug 10th 2012, 7:43 am
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Default Re: Removal of Conditions - awful interview

Originally Posted by jeffreyhy
What happened to Mr.F's rule of interviewing that states "answer the question that is asked", which I believe you quote on occasion? The question "Do you have joint health plan?" is a yes-or-no question, the same as "Do you know what time it is?".

Just wondering.

Regards, JEff
Deep insight, thanks.
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Old Aug 10th 2012, 8:24 am
  #45  
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Default Re: Removal of Conditions - awful interview

If everyone can stay on-topic now, I'll keep the thread open. FR, you have asked for input and advice, and have received it. Others, please be constructive in your input.

Rene
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