Help! What should we do next?

berain

New Member
My wife and I got married in August, and since then, we have been trying to make her permanent resident. Everything was in order, or so we believed, and we recently went to her I-485 interview prepared and ready to go(or so we thought). During the interview, several things came up that made the interviewer unhappy. We answered all of the regular questions correctly, such as birth date, wedding dates, etc., but she asked us how we met, and we told her at work. She then started asking my wife how she got a job if she is not a legal citizen. We thought the answer was fairly obvious, since her application listed all of her previous work history, and it could easily be determined that she was not a citizen, so we basically had to tell the interviewer that the job where she worked did not correctly process her paperwork (or in other words, she was working illegally). The interviewer then told us that she was not happy with that at all. She then asked my wife how she got into the country to begin with.. My wife entered with a 6 month tourist Visa, but did not leave after the six months allowed. That seemed to be another red mark on our application. We then proceeded to show the officer all of our pictures and various documents. We had a photo album, other various pictures, including the old pictures I keep of her in my wallet, etc. Unfortunately, the only bill we have in both of our names is the rent. As I am sure many of you are aware, a lot of companies require a valid Social Security Number to be on an account, especially for any kind of bill that gives credit.. Phone bill, Credit cards, Bank accounts, even Comcast cable. We told her we had difficulty for that reason, which she also seemed to find unacceptable. She then thanked us and told us we would receive something in the mail, and to check the status online that night. We checked, and it is still pending, but based on her attitude, I am pretty sure we failed. She also mentioned plane tickets from our honeymoon, and a few other items we didn't think about bringing, such as photos from a trip I took to visit her parents in her country (I guess we weren't as prepared as I thought). So my question is:

What should we do next?

Is it still possible to submit additional proof to the interviewer, or do we have to wait for a denial/approval letter?

Any advice for what we should do about the bills? We JUST received her 1 year work permit, will that permit generally be usable to sign up for Comcast cable, a bank account, etc?

Any advice would be greatly appreciated!
 
You are already doing what that interviewer wanted you to do. Worry and Panic.

Either you are a USC or she qualified under 245(i) or she could not have filed the I-485 in the first place.

8 CFR 245.1 Eligibility.

(b) Restricted aliens. The following categories of aliens are ineligible to apply for adjustment of status to that of a lawful permanent resident alien under section 245 of the Act, unless the alien establishes eligibility under the provisions of section 245(i) of the Act and §245.10, is not included in the categories of aliens prohibited from applying for adjustment of status listed in §245.1(c), is eligible to receive an immigrant visa, and has an immigrant visa immediately available at the time of filing the application for adjustment of status:

(1) Any alien who entered the United States in transit without a visa;

(2) Any alien who, on arrival in the United States, was serving in any capacity on board a vessel or aircraft or was destined to join a vessel or aircraft in the United States to serve in any capacity thereon;

(3) Any alien who was not admitted or paroled following inspection by an immigration officer;

(4) Any alien who, on or after January 1, 1977, was employed in the United States without authorization prior to filing an application for adjustment of status. This restriction shall not apply to an alien who is:

(i) An immediate relative as defined in section 201(b) of the Act;
[These are the Immediate Relatives of USC's.]

The interviewer was trying to find out if she'd lie to her face. If the lie were told, the interviewer would have forced her to file for a waiver and pay another fee for that and cause further delay.

Once again, honesty was the best policy when dealing with USCIS.
 
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Thanks for the info, it sounds like we did the right thing!

Are you, or is anyone else able to help us answer any of the other questions I had above, regarding paying bills together, resubmitting additional proof, etc?

Thanks again!

Berain
 
Thanks for the info, it sounds like we did the right thing!

Are you, or is anyone else able to help us answer any of the other questions I had above, regarding paying bills together, resubmitting additional proof, etc?

Thanks again!

Berain

Do not submit unsolicited documents. IF USCIS wants more, they ask for it. Since the marriage is still under 2 yrs in duration, the spouse of a USC or LPR will get Conditional status for an initial 2 yr period. Within the last 3 months of that card's validity, you must file an I-751 to "lift or remove conditions" from her status. At that time, you will have to show the bona fides of the marriage in greater detail with stronger evidence. {You will have had at least 2 years to comingled assets and debts or even have a child.} As long as your marriage did not happen when she was in Removal Proceedings, your initial burden of proof is lighter.
 
thanks again!

Thank you once more for your insight, as it has been most helpful in relieving some of the concerns that my wife and I have. I will update as soon I find out more!
 
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