Hello,
If anyone can share ideas, it would be greatful.
Initial i130/1485 was filed in March 2010. Had 2 interviews that werent successful. USCIS conducted home visits and never met us at home. USCIS visited mother inlaw. NOID, responded to NOID. Applications ended up being denied and they said insufficient evidence that the burden of proof is on the petitioner that the service simply can't conclude bonafide marriage. Didn't say anything about 204c or marriage fraud. I485 denial letter said to continue my status as a student since i was in valid status when we applied (maintained status till graduation).
Talked to lawyer and decided to refile rather than appeal since with appeal, i wouldnt be abe to get EAD to support family. Went with a lawyer this time around to the interview. (took less than 2months from filing to get to interview and yes we submitted the new application during the 30 day period given for the appeal/motion to reopen).
We addressed the prior issues prior to reapplying. Wife had mail going to her mums house for the first application.
Okay so we got the interview and the new officer had the old files, plus the new application we sent in. Looked at the old pics we sent from the first application and asked me the basic questions. Didn't grill us at all. Just asked why the initial application was denied and we said insufficient evidence as described in the new i485. He took my i94, said congratulations to expect the greencard in 3weeks that he had to get approval from his supervisor. It took all of 10minutes for the interview. This has been since November of last year. We have made infopasses and one SR which stated the "application is pending service consideration" and they have no estimate when it will be completed.
Lawyer says be patient.
Does anyone know what's going on? They did not state fraud in the first denial? Are they trying to allegate that or are they doing investigations? If the first application was determined to be marriage fraud, wouldnt they have denied the second application immediately? Anyone with experience please share. By the time we sent in the second application, our marriage was already over 2.5years. Will appreciate any input and sorry for the long writeup.
If anyone can share ideas, it would be greatful.
Initial i130/1485 was filed in March 2010. Had 2 interviews that werent successful. USCIS conducted home visits and never met us at home. USCIS visited mother inlaw. NOID, responded to NOID. Applications ended up being denied and they said insufficient evidence that the burden of proof is on the petitioner that the service simply can't conclude bonafide marriage. Didn't say anything about 204c or marriage fraud. I485 denial letter said to continue my status as a student since i was in valid status when we applied (maintained status till graduation).
Talked to lawyer and decided to refile rather than appeal since with appeal, i wouldnt be abe to get EAD to support family. Went with a lawyer this time around to the interview. (took less than 2months from filing to get to interview and yes we submitted the new application during the 30 day period given for the appeal/motion to reopen).
We addressed the prior issues prior to reapplying. Wife had mail going to her mums house for the first application.
Okay so we got the interview and the new officer had the old files, plus the new application we sent in. Looked at the old pics we sent from the first application and asked me the basic questions. Didn't grill us at all. Just asked why the initial application was denied and we said insufficient evidence as described in the new i485. He took my i94, said congratulations to expect the greencard in 3weeks that he had to get approval from his supervisor. It took all of 10minutes for the interview. This has been since November of last year. We have made infopasses and one SR which stated the "application is pending service consideration" and they have no estimate when it will be completed.
Lawyer says be patient.
Does anyone know what's going on? They did not state fraud in the first denial? Are they trying to allegate that or are they doing investigations? If the first application was determined to be marriage fraud, wouldnt they have denied the second application immediately? Anyone with experience please share. By the time we sent in the second application, our marriage was already over 2.5years. Will appreciate any input and sorry for the long writeup.