Advice please! Our interview did not seem to go well and now our case has gone for further review!

[frogonalog]

I need advice. My husband and I went for our interview (he is an immigrant from Mexico) and I don't feel good about it. When it started I was CLEARLY nervous. We couldn't find his I-94 and that threw me off completely. He came here when he was 14 years old so I obviously have no idea where the darn thing is and he didn't even know it was a form that existed before now. We went through A representative to put all of our applications together and it was never a problem. He entered this country legally and overstayed his visa. Problem number one. Like I said, after that, my nerves had gotten the best of me.

My husband's brother passed away a year and a half ago. It was then that we vowed to be more like him. He lived life to the fullest and I swear to you, even though he was only 31 he died with no regrets. Well we decided getting married early was going to be our way to have no regrets. So we went out and did it. We decided we weren't going to tell our families we got married because I still wanted the big wedding (ME.. NOT HIM) He couldn't care less about it but I was the one who wanted to keep it to ourselves. We can't afford to have a typical wedding right now so that's what started this whole business we would just keep it to ourselves until we could have the big thing. We wanted to be married (WHY IS THAT APPARENTLY SO BAD?!) Well, two of his sisters were our witnesses so long story short it didn't stay a secret in his family long. We all got over it but I still didn't want to tell me family. They are very traditional and I don't feel like they would approve of eloping.

So like an idiot when the interviewer asked me if our parents knew I spit out the word "yes" without even thinking to myself that only HIS parents knew. She then wanted to call my parents and I gave her their number. Shortly after that, though, she asked again and this time I was mentally stable enough to say that they didn't know. Then she asked why and we explained our reasoning. I felt like we were a bunch of criminals for wanting to do it as a homage to his brother. She just kept saying "I don't understand why you wouldn't tell them". LADY.. I just wanted the big wedding. I kept telling her I'd tell them tonight if that's what it took. And we explained how "if anything ever happened to us" and she was upset about that too. "What do you mean if anything ever happened to you" and I replied "Well, if he dies ma'am, I'll know I was married to the love of my life and no one can take that away from me" but it was like I was talking to a wall. His brother's death was an accident and it left me SCARED because I had never dealt with someone so young dying before. I didn't want to ever be left without being married to him.

So she said our case needed further review and that not telling family was a big red flag for fraud. HOW CAN YOU PROVE TO SOMEBODY IN 20 MINUTES THAT YOU LOVE SOMEONE?! It's not fair. She said the burden of proof was now on us. I had already given her EVERYTHING we had together. He's my life insurance beneficiary, health insurance, car insurance, application for the title on our car that's still being processed, credit cards, our lease, and everything from our phone bill to our dishnetwork. The only problem that I could see is that for some he can only be an "authorized user" because he doesn't have a SSN and companies wouldn't accept him. We also had pictures and various cards we had sent each other including the one his family sent me from his brother's funeral. When we walked out she said "If you decide to tell your parents, have them send us a letter."

So we left, shocked and awed. I was bawling through the interview because we talked about his brother's death (still a very hurtful topic). I love my husband, I'll always love my husband. He's my college sweetheart and it's been 5 years of just us. I would do anything for him including give up my big day. So that night when we got back to town I went to my parents and told them we had already gotten married. THEY WERE HAPPY (ugh.. why didn't I do that sooner?). The problem is... they're very conservative. They have never known my husband's immigration status and I don't want them to. I know he would always feel self conscious about it and they would always judge him. Again, he was a kid, he didn't really have a choice in the matter but I don't think that would matter much to them.

So now it's two days later and I have no idea what to think about the interview. How long does the review actually last? Is it possible they just deny right away without asking for more information? What if i don't send an Affidavit from my parents even though they know now? Would an InfoPass interview help me to clarify these points with USCIS? Where do we go from here? His work authorization also has not arrived yet.. is that a lost cause until this is sorted out? Any advice would be great. This is obviously not your typical case. I felt like we couldn't even explain ourselves though! We were in defense mode the entire time. I didn't argue with her though, although now part of me wishes I would have. When she said she couldn't approve it then I simply said "I understand" and I thanked her as we left. I need advice, badly please.

 

[Jackolantern]

He's my college sweetheart and it's been 5 years of just us.

Did you provide proof that you both attended the same college at the same time, like transcripts? Or diplomas if you graduated the same year?

They have never known my husband's immigration status and I don't want them to.

Do they know now? Or do they at least know he's applying for a green card?

 

[frogonalog]

Did you provide proof that you both attended the same college at the same time, like transcripts? Or diplomas if you graduated the same year?


Do they know now? Or do they at least know he's applying for a green card?

I never ever would have thought to bring transcripts. I could easily provide those if they requested more information. My parents know that we are married now but they do not know about his immigration. That's the only reason I would hesitate getting an affidavit from them. Have you ever seen a situation like this before? Do you think they'll just send an RFE?

 

[ananga73]

Sorry for the drama however I have very strong reservations that they will just send an RFE. Be prepared for Stokes Type Interview, I will bet on it. The transcripts will prove very little. You attending the same school at the same time just shows that you know each other and are likely friends, NOT necessarily lovers/husband and wife. Also proving you're friends doesn't do anything because quite of people marry their friends to help them to adjust status.

Prepare diligently for a Stokes Interview.

http://www.statusimmigration.com/StokesInterview.html

I am not just unnecessarily scaring, you wanted advice. This is the best advice you will get.

I never ever would have thought to bring transcripts. I could easily provide those if they requested more information. My parents know that we are married now but they do not know about his immigration. That's the only reason I would hesitate getting an affidavit from them. Have you ever seen a situation like this before? Do you think they'll just send an RFE?

 

[Jackolantern]

Sorry for the drama however I have very strong reservations that they will just send an RFE. Be prepared for Stokes Type Interview, I will bet on it. The transcripts will prove very little. You attending the same school at the same time just shows that you know each other and are likely friends, NOT necessarily lovers/husband and wife. Also proving you're friends doesn't do anything because quite of people marry their friends to help them to adjust status.

Even though it doesn't absolutely prove anything, proof of attending the same high school or college is one piece of favorable evidence that creates a better impression, especially if they completed school years ago and/or were in some of the same classes at the same time. Similarly, living at the same address doesn't absolutely prove anything, because people can live together as roommates or friends, or arrange to have mail sent to the marital address while not living there, but it still helps a lot.

 

[Jackolantern]

I never ever would have thought to bring transcripts. I could easily provide those if they requested more information. My parents know that we are married now but they do not know about his immigration. That's the only reason I would hesitate getting an affidavit from them. Have you ever seen a situation like this before? Do you think they'll just send an RFE?

You're going to have another interview, and you need to tell your parents the whole story and get the affidavit from them.

The second interview will be long and harsh like a police interrogation. They'll separate you and ask you much of the same questions about each other and your home and your relationship and your families, and if too many of your answers don't match they'll deny his green card.

So make sure to prepare well for it and be on the same page, because couples can mess up questions due to different ideas of the same thing. For example, they ask a couple how many DVD players they have in the house -- wife says 1, husband says 2 because he counted the Xbox 360 which is capable of playing DVDs ... but since the interview is separate, the interviewer don't get to hear the explanation for the different answer; it only counts as a wrong answer.

You also need to be prepared for a surprise home visit. Immigration agents may show up at your house on any random day. If only one of you is home, they'll want to see evidence of both of you living there ... both male and female clothes, etc. If nobody is at home, they might talk to the neighbors. So get to know your neighbors, because neighbors who don't know you might give false information or say they've never seen you or your husband, especially new neighbors.