My interview experience today -- not exactly the good news we were hoping for
The officer told us at the beginning of the interview that I had another I-485 filed years ago (employment-based) that was denied. She said she has to consolidate the files from the first I-485 with the current I-485 but has to request it from the Nebraska Service Center. I told her I brought those files with me. She asked me if there was any Notice to Appear or Order of Deportation. I said no. She looked at my files (the employment-based I-485, the denial, the appeal, the denial of the appeal, etc.)
Then she went through all my trips/entries to the US, including the B1/B2 visa I used in 1998. I used my H1B visa after that to enter the US about 5 more times between 2000 and 2005. My H1B status has lapsed since May 2007, so an overstay of about a year and 3 months (my I-485 from my husband was filed in Aug 2008 when he became a citizen). And she checked for any overstays, "to make sure you are eligible to adjust your status," she said. And I thought that would not be an issue at all since I am the spouse of a US citizen. Oh well.
The officer asked if my husband filed the petition for me AFTER my employment-based I-485 was denied. We told her it was filed BEFORE we found out it was denied. I guess she wanted to see if we got married only because my employment-based adjustment was denied.
Then we were sworn in, and were asked questions from the 485 form (full name, birth dates, address, date of marriage, any children, previous marriage, etc.). Then the terrorist, arrest, Nazi questions.
She asked for proof of life together, so we showed her bank statements, property deeds, car registration, life insurance, taxes filed, last will, etc. She was happy with these. She even said, "you are so organized, maybe you should work for me."
In the end, the officer told us that she cannot make a decision today, because she has to wait for the files from the Nebraska Service Center to see if there's any Notice to Appear that was issued. She said it is strange that I never got one, because it's customary to issue one after a 485 is denied. It would take about 2 weeks for her to get the files from Nebraska. She said if there was no Notice to Appear sent, then my Green Card will be mailed to me. If there was an NTA sent, then the case would go to an Immigration Judge (yikes).
For the record, I never got a Notice to Appear, though it doesn't mean they never sent it I guess. She said she called the automated Immigration Court phone line and that there was no record of my A# as one of the cases, so that is a good sign. Although she said it's not the most accurate gauge.
Hubby and I are obviously broken-hearted, but are trying to be hopeful.
I asked the officer if I can follow up after 2 weeks, and she said, I can follow up reasonably in about 3 months (WHAT???!!!!, but I didn't say that).
What do you all think?
