Late for second interview, officer cancelled interview?!?

[borka]

Here is some background info on or case:

We got marriend in July 2009, filed the AOS package in August; everything seemed to go really well, got all the comfirmation letters, employment authirization card, and went for an initial interview at garden city, ny. in november.

At the initial inteview, the officer was nice and very positive, only asked a couple of questions on where we met, when we fell in love, why we had a small civil wedding.

At the end he was possitive and said he will recommend approval and we should wait for a green card in the mail.

well 30 days later we get a letter for a second interview.
fast forward, yesterday we went for the second interview to a different office, in Federal Plaza in NYC.

Due to my fault of forgetting some documents at home we came to the interview one hour late, and the officer said He will not conduct the interview due to our lateness, and will base his decision on current evidence in the case, and gave me an approtunity to provide more evedence.

I gave him some more evedence, New joint lease, medical cars, gym cards, ski cards, two more pictures of us, some letters that were mailed to our address in my wifes name, and a utility bill in my name.

so the officer said wait two weeks for a decision.

I have tried appologizing for the lateness and asking for a reschedule, and she refused.

What can i expect? im 99% sure this will be a denial...

What steps can i take after the denial?

please help.

Thank you.

 

[Al Southner]

What the officer is going to do is for you to find out. An hour late is reckless and gives the impression that you don't take this issue seriously. She might be having her woman's issues for that day, so she was in a mean mood. Just hope that you aren't going to be screwed with a 9 inch phillips on your back...

 

[smali]

Here is some background info on or case:

We got marriend in July 2009, filed the AOS package in August; everything seemed to go really well, got all the comfirmation letters, employment authirization card, and went for an initial interview at garden city, ny. in november.

At the initial inteview, the officer was nice and very positive, only asked a couple of questions on where we met, when we fell in love, why we had a small civil wedding.

At the end he was possitive and said he will recommend approval and we should wait for a green card in the mail.

well 30 days later we get a letter for a second interview.
fast forward, yesterday we went for the second interview to a different office, in Federal Plaza in NYC.

Due to my fault of forgetting some documents at home we came to the interview one hour late, and the officer said He will not conduct the interview due to our lateness, and will base his decision on current evidence in the case, and gave me an approtunity to provide more evedence.

I gave him some more evedence, New joint lease, medical cars, gym cards, ski cards, two more pictures of us, some letters that were mailed to our address in my wifes name, and a utility bill in my name.

so the officer said wait two weeks for a decision.

I have tried appologizing for the lateness and asking for a reschedule, and she refused.

What can i expect? im 99% sure this will be a denial...

What steps can i take after the denial?

please help.

Thank you.

WE HAD AN INTERVIEW AT GRADEN CITY ON 1/12. HERE IS MY STORY. OUR OFFICER WAS NOT POLITE AT ALL. WHAT DO YOU RECOMMEND PLZ.

Hi All:

OK I am back after a recess of approximately 6 months. i.e. since I received my natz in Oct 09. So, I filed I-130 and I-485 for my wife in 10/09 and were interviewed about two days ago. The IO was a lady about 58 yr old. Very stern looking and no sense of humour at all. We had our 1 1/2 yr old son with us, which she was not comfortable having him there. But to that end, she was not comfortable us being there too for the interview.

She took the oath and staring asking me questions about my previous marriage to a USC and AOS in 2002. I told here how I met that woman and how were we married in 2001 and why i filed and obtained divorce in 2004. She tried to state that "How convenient it is for you to obtain GC by marriage and now confer to another person" or something to that extent and she needs to examine this case carefully that this is not "fraud". Yes, she uttered that dreaded word, which was hocking to me. I stated I did do every thing according to law and nothing illegal here.

Next she proceeded to ask me for my original Natz Certificate. I stated that I have included a copy in my file but I have my US passport here as proof of Citizenship. She took the passport, looked at it for a moment and stated, nope, she needs original natz cert as "This passport is issued by State Department and ntaz cert was issued by us". Any way she took the copy of natz cert to her records.

Than she asked what other evidence I have for living together with my current spouse. I gave her copy of apartment lease, she wanted the original, I stated I did not bring original, she took it any ways, than we handed her the copy and originals of our driving licenses listing same address, than I gave her original or one verizon and one Con Ed bills listing both our names and at the end gave her original of bank letter stating amount and date in our joint account. She asked us if we have original birth cert of our child born in US, which I did provide original and copy.

At the end she again started this tirade that I should have brought my original natz cert and I should have been paying more attention to notice of interview I had received and blah blah. I said that its not mandatory that I should have brought natz cert but passport is also a proof of citizenship.

She stated that your file is quite extensive and she needs time to review it and look at my "A" file and see every thing is in order and than she will make her decision and inform us by mail.

Now my wife had received EAD and AP. We did visit Canada in Nov 09 on AP. I did see that she did had a copy of stamped AP from the border in front of her. She unstapled the I-94 than gave it back to my wife and she did not collect AP original or the EAD? Were they suppose to collect if they intended to approve the AOS? My wife originally came on F-1 visa and has maintained her lawful status in the past 3 years.

So, on the basis of above facts, what shall I expect:

1. I was awarded naturalization after filing my own I-751 waiver and filing a writ of mandamus in Fed Court.

2. I was told by my attorney that now they can not revoke my citizenship.

3. I was also informed by an attorney ( I did not have an attorney at interview) that once you have common children, the suspicion goes away to most part.

4. I read in the immigration law that "perception" of fraud to a subsequent marriage based AOS goes away altogether once the petitioner obtains "citizenship' or 5 years are past. In my case both are true.

So, why did she kept that demeanor and what are the chances are for NOID or denial?

If I wait for 120 days and do not get an answer after making info pass, do you recommend filing a mandamus again to have the AOS adjudicated or shall I wait longer like 6 months.

(Please substitute "I" and me with "we" or "her", as appropriate, as I am authorized to speak for herhmy

 

[Triple Citizen]

This is the reason why 99% of interview applicants turn up for their interview 1-2 hours early. I hope it works out for you. Best of luck!!!

I have tried appologizing for the lateness and asking for a reschedule, and she refused.

What can i expect? im 99% sure this will be a denial...

What steps can i take after the denial?

 

[JackDan]

So, on the basis of above facts, what shall I expect:

1. I was awarded naturalization after filing my own I-751 waiver and filing a writ of mandamus in Fed Court.

2. I was told by my attorney that now they can not revoke my citizenship.

3. I was also informed by an attorney ( I did not have an attorney at interview) that once you have common children, the suspicion goes away to most part.

4. I read in the immigration law that "perception" of fraud to a subsequent marriage based AOS goes away altogether once the petitioner obtains "citizenship' or 5 years are past. In my case both are true.

So, why did she kept that demeanor and what are the chances are for NOID or denial?

If I wait for 120 days and do not get an answer after making info pass, do you recommend filing a mandamus again to have the AOS adjudicated or shall I wait longer like 6 months.

(Please substitute "I" and me with "we" or "her", as appropriate, as I am authorized to speak for herhmy

2. your attorney is wrong. every citizenship other than for one born on the soil of US can be revoked. Look through some Board of Immigration cases you find plenty naturalization certificates being revoked. Of course it is harder to revoke citizenship than green card, and time definately works in your favor.

3. common children are not a proof of marriage being legitimate. I know many couples and seen many people having children but never having real relationship, not to mention bothering to get marry.

4. unfortunately any suspicious findings remain in your A-lien chart forever. Fresh officers can go through it anytime they want to just to prove you wrong. At this point, it should be obvious to you USCIS and officers have a strong animosity towards you, your wife and will do everything to deny you. It is obvious they dont like situation that you married, got USC and then divorced and now trying to bring another person legally into the country that struggles so much in this economical crisis, even though you married for love, divorced because you truly couldnt worked things out, and married again for love. Obviously, it has nothing to do with you and your family if your marriage is legitimate and you got every document in order. I wouldnt worry. You definately WILL go through more shit from USCIS, just like OP told you, your file is so thick she needs to look through it again. Well, who does that so far in an immigration process?? what she was trying to tell you is that "I need to go through your file couple more times in details so I can find something or anything that would let me stick to it firmly enough for District Director to sign your denial". You need attorney and the good one. Other than that, do your job, stay tought and dont worry. Those adjusters are lunatics in most part, today she denies your cases and trying to torn your family apart, in a week from now, she will be working in some local car dealer trying to sale as many cars as possible!