Interview - a gloomy day

E

elprashant

Registered Users (C)
//
All comments are highly appreciated and thanks for reading this thread....//

Dear Rajiv sir,

I was on H1B and working in NJ while I married in May 08; and as my wife became US Citizen, we filed for AOS in Sep 08 to chicago lockbox. We got interview call in Feb 09 at Newark office, NJ. In January 09 I got laid off and I shifted to IL with my wife, as I have EAD, it was no harm to move there.


First she asked for our ID cards and asked for my H1B papers. Then she asked our drivers license. The lady officer seen our driver license and asked my wife.. whether she lived in NJ or not... My wife said.... I am staying in IL and visited my husband in NJ several times after marriage.. she asked again to my wife.. why you are not staying in NJ after marriage... My wife says.. I have to work and study is conntinue right now... we decided that, we will stay in IL ..... The lady officer seemed agressive by understanding that after marriage my wife is not staying with me and asked me to show her employment and pay stubs and our joint IT return and went to nearby office.....

Then she returned to office and asked me, why you shifted to IL.. I said my job is over here and I wanted to reunite with my wife, so I shifted there.... again she seemed to be aggressive...; she asked me again the same question...why you shifted to IL...... She asked for joint accounts ...or insurance, photos... everything... and at last she said.... if you are living in IL then why you come here.... I said... when I filed in Sep 08, at that time I was living in NJ, I filed the application package in Chicago IL.. and I recieve the interview letter to come in Newark, NJ....

She seemed to be more aggressive and said.. I am transferring your case to Chicago, IL as your marriage don't look like bonafide as your wife is not staying with you in NJ after marriage... I said.. as she has stable job in Chicago, IL and part time she is studying there and staying in IL for more than 5 years.. so we decided to stay in IL after the AOS..

I said right now I am living with my wife since January 09, She asked for lease documents if I have... I said I just moved there .... so we don't have lease document as we are living with our relative...

She was not seems to be agreed .... Let Chicago office to decide your case.

I said, Allright ... And I said I given , my intended address of Chicago, IL in column 18 of I 130 .... Why I was receiving letters at address of NJ. She checked my current address of IL with USCIS and with No 18 column in I 130 and said... Any how I will transfer your case to Chicago as she felt the non-bonfide marriage .

We said... Thanks Have a nice day..

My understanding....

As per the behaviour of lady officer...

She didn't do review of my case before calling us .... at the time of filing this application.. I declared that I live and work in NJ , my wife lives and works in Chicago, IL... Why she was feeling this situation as strange at the time of interview.... She asked all documents.. and didn't see any documents ...; And ... she was not trying to understand the situation of marriage timings, my H1B status, work in NJ, my wife's work and study in IL, . The only point she understood that my wife is not staying with me after my marriage held in May 08.



Please help me in this situation...

All comments are highly appreciated and thanks for reading this thread....
 
elprashant said:
.... at the time of filing this application.. I declared that I live and work in NJ , my wife lives and works in Chicago, IL...
Click to expand...
This is the key to your problem. You were not living as man and wife at the time of application. And there is very little proof that you are living as man and wife right now.
The law is such that it is not up to the IO to prove that you don't have a bonafide marriage; it is up to you two to prove that you do.

Wd
 
Keep all records that have both your names, no matter how trivial. You need paper evidence to back up your claims. But retain a lawyer, at this point you need one.
 
These is one of those worse cases that will happened to people adjust status but not living together. Unless there's no choice, living together and have joint name/account/assets of everything possible.these will make your case go as smooth as possible. If you do have to live apart, make sure you still keep all the joint accounts, assets.etc...and paper trails..such as visiting each other by driving (keep all the gas bills), flying (keep all the airline tickets) at least one or two times a month...phone call records...everything that you can think that has two do with both of you.
 
Hello.

elprashant said:
//
All comments are highly appreciated and thanks for reading this thread....//

Dear Rajiv sir,

I was on H1B and working in NJ while I married in May 08; and as my wife became US Citizen, we filed for AOS in Sep 08 to chicago lockbox. We got interview call in Feb 09 at Newark office, NJ. In January 09 I got laid off and I shifted to IL with my wife, as I have EAD, it was no harm to move there.


First she asked for our ID cards and asked for my H1B papers. Then she asked our drivers license. The lady officer seen our driver license and asked my wife.. whether she lived in NJ or not... My wife said.... I am staying in IL and visited my husband in NJ several times after marriage.. she asked again to my wife.. why you are not staying in NJ after marriage... My wife says.. I have to work and study is conntinue right now... we decided that, we will stay in IL ..... The lady officer seemed agressive by understanding that after marriage my wife is not staying with me and asked me to show her employment and pay stubs and our joint IT return and went to nearby office.....

Then she returned to office and asked me, why you shifted to IL.. I said my job is over here and I wanted to reunite with my wife, so I shifted there.... again she seemed to be aggressive...; she asked me again the same question...why you shifted to IL...... She asked for joint accounts ...or insurance, photos... everything... and at last she said.... if you are living in IL then why you come here.... I said... when I filed in Sep 08, at that time I was living in NJ, I filed the application package in Chicago IL.. and I recieve the interview letter to come in Newark, NJ....

She seemed to be more aggressive and said.. I am transferring your case to Chicago, IL as your marriage don't look like bonafide as your wife is not staying with you in NJ after marriage... I said.. as she has stable job in Chicago, IL and part time she is studying there and staying in IL for more than 5 years.. so we decided to stay in IL after the AOS..

I said right now I am living with my wife since January 09, She asked for lease documents if I have... I said I just moved there .... so we don't have lease document as we are living with our relative...

She was not seems to be agreed .... Let Chicago office to decide your case.

I said, Allright ... And I said I given , my intended address of Chicago, IL in column 18 of I 130 .... Why I was receiving letters at address of NJ. She checked my current address of IL with USCIS and with No 18 column in I 130 and said... Any how I will transfer your case to Chicago as she felt the non-bonfide marriage .

We said... Thanks Have a nice day..

My understanding....

As per the behaviour of lady officer...

She didn't do review of my case before calling us .... at the time of filing this application.. I declared that I live and work in NJ , my wife lives and works in Chicago, IL... Why she was feeling this situation as strange at the time of interview.... She asked all documents.. and didn't see any documents ...; And ... she was not trying to understand the situation of marriage timings, my H1B status, work in NJ, my wife's work and study in IL, . The only point she understood that my wife is not staying with me after my marriage held in May 08.



Please help me in this situation...

All comments are highly appreciated and thanks for reading this thread....
Click to expand...

I am extremely sorry with the treatment dealt by the immigration officer.In 2005 when i did my AOS my husband and i were seperated at interview and the officer was also a rude witch.The type who was a dragon and should have retired 15 years earlier.I had my interview was seperated from my spouse for the entire interview and was not approved.Instead she made a list of documents that she wanted and gave us a date to submit by which lead to my approval about 3 months after interview.All is not lost guys what is the major issue about your case is the lack of legitimate proof not of your marriage but cohabitation bills and in USCIS eyes committment and responsibility to each other.Sorry to say this but they do not care about who was in school and the ease of going to school and having a life the way you and your wife have done.They are interested in concrete evidence of living together.The fact that you said that you cohabitated in January made you guys look terribly uncredible which is what is hurting your case.I know being honest is best.But you need to asap if not being able to obtain a lease because of staying with relatives.Obtain affidavits from the entire househodl in which you live or lived showing that your address is with your wife.You may even have to get your own place sorry to say just to show actual proof of residency together.You need to find any and every morsel scrap of evidence bills utilities anything that has both your names on it.Even if it means applying for a pre paid credit card like the Green dot ones with your name showing the address shared by your spouse and yourself.If u have a bank account add your wifes name.Find everything imaginable to send so there si no room fro denial.Thats what my lawyer did.The main issue is the proof since marriage not the proof as of January since moving in together.You can do it and would suggest consultation with a lawyer as well.Hope it works out guys im soooo sorry.
 
I agree with what fedup2k6 said.

I saw that you did ask question last year.
http://forums.immigration.com/showthread.php?t=284169

and the members advised to get joint accounts and joint things as much possible. I know you had to work in NJ and all etc but GC is more important than H1B. After taking the advice you should have either moved to IL or should have done joint things (bills, insurance, accounts, Credit cards, lease etc) together. USCIS doesn't go by verbal proof for the validity of marriage, they need paper proof and you should have provided them.

Sorry, if i sounded rude, but if you had asked other people right after your marriage how to proceed, and what to do, things would have been quite different for you right now.

Anyway, So now what you should do ASAP.

1- Get a good lawyer ASAP. Go to this free immigration related chat and ask these lawyers what to do?
(http://community.lawyers.com/chat/list.asp). I am sure they will tell you to get a lawyer.

2- Get an apartment lease and have both your names on it.

3- Get yourself added to your wife's insurance plan ( as she is working). Medical, Dental, Vision etc. Auto Insurance if you or she has a car.

4- File your taxes jointly ( this is biggest proof besides insurance, lease and utilities).

5- Photos for the past 6-9 months or so after marriage.

6- Affiviates of valid marriage from at least 3 US citizen Friends or family.

7-Add yourself or your wife to your phone/cell phone, utility bills having boths name on it.
...
8- Both names on Vehicle loan registration/tag etc.

9- Have same address on drivers' license. I think when the Immigration Officer saw your different driver's license with different address that raised the biggest red flag. What you should have done is you should have had the same DL with same address as your wife's.
If you had told that you together and then you had to move etc for job to NJ that might have worked but.. now just get proof, get a lawyer, pray and keep your fingers crossed.

10-Get as much evidence possible to proof that you were husband and wife since you got married and had joint things.
The reason is, if you get another interview from USCIS or God Forbid a rejection you can still show proof of bonafide marriage if you appeal rejection.


I hope your GC gets approved. Good Luck and remember to stay together for the next 3 years or so, no matter what and have as many joint accounts and things together as possible.

I hope it helps. Do let us know what happens to you case.
 
Last edited by a moderator:
Folks,

It all depends on the mood swings of the immigration officer (IO). When we were called for an interview, my wife wasnt living with me. The IO specifically asked us for proof of "consumating the marriage". All we had was the marriage license, reception invitations, joint account statements, marriage photo album (some in our traditional dresses) and cell phone bills. Looking at all the proof, the only question she asked was why were we living separate. To which my wife responded that she was a college senior and didnt want to loose her scholarship/credits by transferring to a different state at that stage. She didnt even bother looking at the pictures then, but my wife insisted and made her see them. At that point the interview became very lively and the IO and my wife starting discussing clothes and jewellry in the pictures. Thats when I realized that IOs do infact have a sensitive side.

Jzee.
 
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