AOS interview: April 3, 2009 Help Please!

bonbon25

New Member
Hi, my husband and I had our interview today at 2pm located in San Jose. Everybody was called for their interview except us and we were wondering why we had to wait for an hour and 25 minutes. Only then we found out, the immigration officer who picked up our appointment letter forgot about us. :mad: When we finally got in touch with someone, we got called in at 3:25 by an old lady immigration officer. She was cold, unfriendly, had a very serious face, and did not make eye contact at all. She did not make things easy for us and there was tension everywhere.

My husband and I have been together for almost 7 years now, but we've only been married for 5 months. I am the petitioner and my husband is the beneficiary. We don't live together because of school and work complications. But we do have evidence to show our marriage is bona fide. Starting with airline itineraries visiting each other going back from 2004 to present, joint checkings/savings account, joint auto insurance, joint credit cards, joint phone account, email love letters and online chat messages from 2003 to present, receipts from motels where we stayed whenever we visited each other, and receipts from places where we ate together. Also, we turned in my tax returns, 2005, 2006, and 2007 and since I have already filed for my 2008, I have included that as part of the supporting documents. We also turned in my pay stubs for the month of February and March, along with an employment verification letter from my employer. Even though we have turned all of these documents to support our marriage is real, the immigration officer gave us the face as if we're going to get denied anyway. Then as she was going through the supporting documents we submitted with the application I-485, she noticed the seal on my husband's court disposition letter was missing. They lost the seal and told us we have to go back to court and get another one because she was thinking we tampered with it. Oh my god, in my mind, I wanted to lecture her to tell their clerks to be careful when filing important documents. They lost the seal to the court disposition letter! :mad: Then she saw her colleague and asked for his opinion and said to him, 'we have a problem'. He started asking us questions like how we met, how old we were, why we're not living together. After we answered, he said 'thats a tough one' and then he left the room. Then, our immigration officer stood up and said she's late for her doctor's appointment. My husband and I were so confused and shocked by all this. It was as if she didn't give a crap about us just because we don't live together even though we have tons of evidence to back up our marriage. It was the worst feeling in the world and felt like our life was taken out of us. :(

So now, we were given a piece of paper stating we have to turn in another one of my husband's court disposition letter with the seal included. It was their fault in the first place for losing it. Not only did our immigration officer made us wait for an 1 and 25 minutes, but she forgot about our appointment too. She never even apologized. She was not a nice old lady. Then she told us our interview has to be reviewed by her supervisor, and from the way she treated us after finding out we don't live together, she gave us the look that we have no chance of getting approved. :( On the way home, my husband and I were quiet the whole time, still shocked. We asked ourselves, why couldn't this happen to those whose marriage is a sham, you know? Why did we have to end up with that old lady? Why do they have to lose the seal to my husband's court disposition letter? Why do we have to suffer like this, you know? Today was a bad day. :(:(:(

Please tell us what you think will happen to our AOS for my husband. Please share any experience you have that might give us hope. Because right now, all we can do is wait for their answer and keep on praying. Thank you. *sighs*
 
Not to defend the interviewing officer, but this is a very important piece of the puzzle. Every officer has to investigate a marriage based AOS until he/she is convinced. All is not lost. Send in the required court document. Best case, you will receive an approval notice. Worst case, another interview notice.

It was as if she didn't give a crap about us just because we don't live together even though we have tons of evidence to back up our marriage.
 
Let's remember WHY the US have a good arrangement for married people to adjust status: because most married people can't stand not to live together.
In your case apparently you have no problem living apart. If that's the case, why is it so important for your husband to live in the US.

Reading through the forums, couples that don't live together receive extreme scrutiny. I think this is a good thing.

The fact that your appointment was forgotten is very clumsy, to say the least and the officer should have apologized for that. The seal was lost. To the IO it was of course not clear that it was lost while at the USCIS. She didn't have evidence that it had been there. Just resubmit.

Did you present affidavits stating your marriage is bonafide? While normally not necessary for the adjustment of status (but more for I-751), in your case that might be important supporting evidence.

Wd
 
Let's remember WHY the US have a good arrangement for married people to adjust status: because most married people can't stand not to live together.
In your case apparently you have no problem living apart. If that's the case, why is it so important for your husband to live in the US.

Reading through the forums, couples that don't live together receive extreme scrutiny. I think this is a good thing.



It makes sense. I completely agree that.
 
Just my opinion, for cases like this such as not living together, I would recommend filing it with an lawyer and have the lawyer accompany you to the interview. If you had a lawyer there at that time, they will not say things like this to you because if they do, the lawyer can sue them or warn them that it's their fault making missing documents and forgotten about your appointment. In some cases, the lawyer can even intervent and answer some of the questions for you. Without an lawyer, you probably can't even argue with them even though it was their fault.
 
Just send in what they requested and hope for the best. With such cases it's kind of you're guilty until proved innocent. There's one gentleman on this forum who said the officer banged the table repeatedly at him... and raised his voice... but he (the gentleman) had his share of mistakes.
 
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