3 interviews later.... HELP!!!!

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ohhhtinalynn

New Member
I am a US citizen. My husband is from Israel, and we have been married since January of 2010. In November of 2011 we filed our I-845 application and got a notice for an interview in Feb of 2012. We went to the interview, where we were only asked a few questions and then sent on our way. We didn't hear anything for months, then in August of 2012 they showed up to do a house inspection. All fine and dandy since we had been living together since 2009, but then all communication with immigration stopped. We waited almost 2 years and still had not heard anything from our lawyers nor from immigration, so we decided to get our local governor involved. After they contacted USCIS we were scheduled for a second interview in May of 2014. We went to the interview where they separated us and asked a bunch of different questions, mainly relating to events that happened almost 5 years ago, and mostly about our Israeli friends. This interview lasted almost two hours and still no outcome. We received ANOTHER interview notice for this past friday, July 2014. This interview was the same as before; they separated us and asked more questions, specifically about someone we had known at the beginning of our marriage and we are no longer friends with. This person had previously applied for a visa and was denied and deported, but we have not had contact with him in almost 4 years. She blatantly lied to us to try and get us to say something incriminating but it did not work. Then she started to ask about us having had anyone living in our home besides us. I had had a "friend" staying with us for a few weeks while she got on her feet, but we got into an argument over the fact that she accused my friend of raping her and then decided to move in with him two days after, obviously ending our friendship. It came to light during the interview that a "poison pen letter" had been sent to USCIS saying that I had been paid to enter the marriage. While this is false and was done with malicious intent, USCIS is now using it as their only reason for not approving or denying my husbands application. During the last interview she told my husband and lawyer that she would give us her decision, but then she called me back in to further discuss the person who wrote the letter and the reason we were no longer friends, as well as about the person who had been deported and our relationship with him. She then called in my husband, asked him the same questions, and escorted him out, no decision.

So, my questions are, can USCIS use this letter without any proof, and from a source that I and many other people consider not credible? How long is considered a "reasonable amount of time"? Is there any legal action I can take against this harassment? And is "guilty by association" a legal standpoint for them to deny the application?

Thanks
 
There is legal action you can take, it's called Writ of Mandamus (WoM). If they don't give you a decision within 30 days after the last interview, start by contacting the USCIS Ombusdman, your Congressperson and Senator, and the First Lady, all in writing. Describe your story but keep your letter short and to the point (less than a page). They might not do anything to help you, but it's a formality that you have to seek assistance through those channels (or similar authorities) and give them a chance to act before filing the WoM, otherwise the court will throw out your case. Also mention that you already sought assistance from the governor.

After contacting those parties (keep copies of the letters you send, as you'll need them for the WoM filing), wait 60 days and f you don't get some results, file WoM in Federal Court. Most people use a lawyer for it, but it's possible to do it without a lawyer if you spend enough time and effort on researching how to file it yourself.

Once the WoM is properly filed, your case will be under the supervision of the court, and USCIS cannot deny your case without consent of the court. In your WoM filing you can also ask the court itself to decide your case (but they are not obligated to do so; their typical response is to order USCIS to decide the case by a certain date).
 
If USCIS asks for another interview after you have file WoM, you don't have to attend it. They can't deny you for failing to attend the interview when you have an active WoM for your case, and the court almost certainly won't make you do another interview given that they've already interviewed you 3 times and had you waiting for over 2 years.
 
Thank you, I have looked into the WoM but after talking to my lawyer she wants to first send them a notice regarding the illegitimacy of the letter and the character of the writer; if that doesn't get a response then we will be filing a WoM. I will be writing letters to the above mentioned though, thanks.
 
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