Failed Stokes interview, what happens next and few more questions.

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LookAtMe

New Member
Hi, my mom and my step-dad went to the interview, they said it apparently took 3 to 4 hours and asked a lot of questions, so I assumed it was a Stokes interview.

My mom and I entered on B-visas, we ended up overstaying. My mom met my step-dad in 04 and 8 months later they decided to get married.

They had a lawyer with them and he said he didn't feel good about how the interview went (my mom missed few questions because she was really nervous). He said that we will hear a decision from them in 30 days and said most likely will be a denial.

The marriage is REAL, my mom, my step-dad and I are living together under a single roof, but the officers at the USCIS kept insisting that we are somehow making this marriage up(?)

So the lawyer told us that even if they ended up denying my mom's AOS, they would still approve my AOS because the marriage happened before I turned 18 year old and that my AOS as step-child will be approved. Is this true? I always thought I was a derivative beneficiary of my mom's AOS and if her's fail, mine would fail too right?

What are the chances of salvaging my mom's AOS after a failed Stokes interview?

Thank you!!!

EDIT:

My step-dad is a US Citizen.
 
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Sorry for your plight.You are not a derivative beneficiary because your AOS is not conditional on your mothers approval. However your lawyers explanation is quite interesting, might be true. You guys will most likely be getting Notification of Intent to Deny in the mail shortly. You need a good lawyer. There is a couple who have been married for seventeen years and have been denied three times. It is not the end of the world however your guys are in for a long slog through the USCIS/Immigration Courts.

http://www.nytimes.com/2010/06/13/nyregion/13fraud.html
 
Thank you ananga73 for the response:

I am very confused because if my I am not a derivative beneficiary of my mother's application, then is my AOS dependent upon the step relationship between me and my step-dad? Is that how this work? I asked my step-dad and he said he did file separate I-130's for my mom and me.

If they issue a Notice of Intent to Deny, would that be on my mom's AOS or both of ours? How long would it take to appeal, can we even appeal the decision? Will this have to go to court?

I am concerned because I am entering college without any federal aid because of my situation.

And my mom said that the room she was in was very cold (she asked to the officer to turn off the AC but the officer just ignored her) and she was very nervous so she got some questions wrong.
 
LookAtMe said:
Thank you ananga73 for the response:

I am very confused because if my I am not a derivative beneficiary of my mother's application, then is my AOS dependent upon the step relationship between me and my step-dad? Is that how this work? I asked my step-dad and he said he did file separate I-130's for my mom and me.
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Your petition depends on ur relationship with your step-dad. Since the marriage took place before you turned 18 years old, you are considered your step fathers child, regardless of biological or not. You are his immediate relative.

LookAtMe said:
If they issue a Notice of Intent to Deny, would that be on my mom's AOS or both of ours? How long would it take to appeal, can we even appeal the decision? Will this have to go to court?
Click to expand...


Wait for the Notice to come in the Mail. I believe you have a very good chance of your petition being approved although your mom's petition is taking on water like a sinking ship!
 
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ananga73 said:
Your petition depends on ur relationship with your step-dad. Since the marriage took place before you turned 18 years old, you are considered your step fathers child, regardless of biological or not. You are his immediate relative.
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If USCIS decides that the marriage is a sham marriage, that also means they would consider to the stepchild relationship to fake one, and thereby deny the stepchild's green card as well. They don't recognize stepchild relationships that are based on a sham marriage.

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4805.html
USCIS said:
A stepchild relationship is created whenever a parent of the child marries someone (other than the child’s other parent) before the child’s 18 th birthday. The relationship is created automatically as a result of the marriage, assuming that the marriage is not a sham or does not violate the Defense of Marriage Act - see Matter of Teng , 15 I. & N. Dec 516 (BIA 1975) and Chapter 21.3 of this field manual.)
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Does that mean, they never approve child's AOS unless parent's AOS approved?

Under what circumstances, they can approve child's AOS when parent's AOS still in process( 2nd interview or at IJ court)?



Jackolantern said:
If USCIS decides that the marriage is a sham marriage, that also means they would consider to the stepchild relationship to fake one, and thereby deny the stepchild's green card as well. They don't recognize stepchild relationships that are based on a sham marriage.

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4805.html
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How it works in case of of a minor child say 5 yrs old or so?

Do they call the child for the interview and ask child questions also?

If somebody has experience like this earlier, please share.


Triple Citizen said:
Yes, assuming we are talking about a step-child here whose connection to the US citizen is via marriage to the child's natural parent.
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BetterWorld said:
Does that mean, they never approve child's AOS unless parent's AOS approved?
Click to expand...

If the biological noncitizen parent is deceased, or never applied for AOS, the stepchild's AOS can still be approved if there is enough evidence to indicate that the marriage that established the stepchild-stepparent relationship was bona fide.

I would also expect that if the parent's AOS is denied for a reason unrelated to the marriage, the stepchild's AOS could be approved if there is enough evidence of a bona fide marriage. However, if the parent's AOS is still pending, that would mean USCIS has not yet made a final decision on the facts of the case, so I don't think they can approve the stepchild's AOS while the parent's AOS is pending.
 
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