Surprise visit by USCIS officers!!!

M

Manalive

Registered Users (C)
I went for the USCIS interview early Sept.2010. My wife is a USC. We married last Feb after dating for almost two years. We were interviewed separately and video taped.

After the interview, I was told that my Green card was approved and to expect it in the mail in 2- 3 wks. Four days after the interview, two immigration officers came to my house and re-interviewed my wife. I was at work. Since then, there has been no further communication from USCIS. Its been almost three months.

At the interview, my wife missed a few questions.
1. My son from a previous marriage is 6. She said he was 7 yrs old.
2. I give my exwife $1000.00 a month in child support. She said I give her $200 a week.
3. I pay child support by paying my exwife's mortgage online. she said I pay her cash.
4. She missed her sons date of birth. 9/18/96. She said 9/18/2010. YES. Her own son.
5. Our marriage date is 2/11/10. She stated 2/10/10.

No criminal history. I have overstayed a student visa.

When immigration officers came to the house, they asked to look at our bedroom. she refused...stated that she was not comfortable having stragers in her bedroom.

1. What do I need to do?
2. I have a lawyer who keeps telling me to be patient... should I contact USCIS and ask
for an update?
3. Will they return?
4. No correspondence/communication since visit. (almost 3 months.). When will they communicate? Is there a time line?
 
IMO your case is doomed, I knew a guy that had the similar story, 2 kids and 6 years later he got divorced and decided to go back home, for those 6 years they kept on renewing his EAD and was able to get a AP everytime he applied for it.
Interview seems like a wreck but apart from the interview when she refused to show them the bedroom that pretty much sealed the deal.
Only thing you can do now is wait.
Lawyer cannot do anything at this time.
Contacting USCIS will not help either.
I have never heard them going back for the second time.
There is no timeline by law to approve these types of cases and they can take however long they want.
I just wanted to give you my honest opinion and am not trying to scare you, I believe if you are ready for the worse and something good happens its feels great, best of luck.
 
Manalive said:
At the interview, my wife missed a few questions.
1. My son from a previous marriage is 6. She said he was 7 yrs old.
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Close enough. It's not her own son.

2. I give my exwife $1000.00 a month in child support. She said I give her $200 a week.
3. I pay child support by paying my exwife's mortgage online. she said I pay her cash.
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For these she should have said "I don't know".

4. She missed her sons date of birth. 9/18/96. She said 9/18/2010. YES. Her own son.
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She didn't correct herself to say "I meant 1996"? And they didn't allow her to correct herself? 9/18/2010 would have been a future date when they interrogated her, so they should know the 2010 answer was a slip of the tongue. Heck, I've sometimes answered the current year for my own date of birth on some forms, then upon looking over the form before submitting it I realized the mistake.

5. Our marriage date is 2/11/10. She stated 2/10/10.
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Close enough.

Do the missed questions represent 50% of what she was asked, or more like 5%?

1. What do I need to do?
2. I have a lawyer who keeps telling me to be patient... should I contact USCIS and ask for an update?
3. Will they return?
4. No correspondence/communication since visit. (almost 3 months.). When will they communicate? Is there a time line?
Click to expand...

They probably will drag out your case for years. It is a situation where they don't have enough bad information to deny, but they are strongly suspicious so their strategy is to drag it forever and hope you get divorced or eventually do something else to make yourself deportable. Just wait it out, then prepare to file a WOM lawsuit in 2012.

How much did you prepare for the interview? Did you just walk into the interview without any practice or review of your life situation, thinking that because you're a genuine couple things will automatically be all right?
 
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If memory serves me correctly, you are not the first F-1 over-stayer whose residence has been visited by USCIS. This forum has seen a case or two matching yours. It seems USCIS likes to visit married couples where the AOS applicant is an F-1 over-stayer.

Manalive said:
I have overstayed a student visa.
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Any lawyers out there willing to comment on my case?

Jackolantern, thanks for your comments. What's a WOM?
 
A Writ of Mandamus is a type of petition filed in court in which you ask the court to order a government agency or officer to do their job. The court will usually impose a deadline to either make a decision or explain why it can't. There is no deadline in the Immigration and Nationality Act (INA) [8 USC] on rendering this decision so your lawyer will need to find something elsewhere such as the Administrative Procedures Act (APA) [5 USC].
 
My case was very similar to yours in a way. My 1st interview went well (even though we were seperated) and I was told to expect good news after the 1st interview. After waiting for 4 years, filing a WOM, visited by ICE and a 2nd interview that lasted over 3 hours, I thought I was doomed but all ended well. I tend to agree with Jackolantern that they will sit on your case forever. Make sure you take notes of everything that was asked on the 1st interview (because it'll will come back up if u happen 2 go 4 a second interview), do not use any other addresses than your own (this goes 4 u nd ur wife),be prepared to file a WOM and make sure you hv a good lawyer.
Just FYI, if they had enough to deny you they wouldn't make u wait believe me.
Good luck
 
Thanks for your comments Soul01. The 4 yrs + wait is just ridiculous.
I guess I need to be patient and plan for a prolonged wait.
Cheers...
 
Just wait it out brother, there’s no need to rush at this point. I was in a similar situation and they drag my case for almost 3yrs now but I’m filing WOM with my attorney next week. Just make sure you contact your state Senators and Reps to make inquiries on your behalf (it probably won’t help in these type of cases) and save their replies. Also save the copies of your infopass appt letters. You’ll need these when filing the lawsuit to show the judge that you did everything you could to have them adjudicate your case. It’s already been 3 months since your initial interview; wait for at least another 18 months then file WOM. Good luck
 
Malpat, thanks for the insight. I think its absolutely terrible for anyone to have to wait for years...I have to say I admire your patience. I will keep my Infopass appt letters...

Good luck on your case. Hopefully, all this will be behind us sooner rather than later...
 
Manalive said:
Malpat, thanks for the insight. I think its absolutely terrible for anyone to have to wait for years...I have to say I admire your patience. I will keep my Infopass appt letters...

Good luck on your case. Hopefully, all this will be behind us sooner rather than later...
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Manalive, what city did It happen in? I am also an F-1 adjusting status, had my interview in December 15 and no decision was made. We were not separated, things didnt go well but not too bad either. She asked for my wife's driver license which she didn't have on her, she also wanted to see bank statements and we only brought a verification letter from the bank. We brought 2010 tax return and letter from my broker account where she is listed as my beneficiary. Officer was not friendly at all and was very sarcastic when my wife(US citizen chose to speak her native language). Its been a month and I dont know what is going on. Online nothing has been updated.
 
Indianapolis. In Indianapolis, everyone is interviewed separately.

If I were you, I would expect a surprise visit in the near future or request for more evidence.

USCIS can delay a case anywhere from a few weeks to years.
You might want to schedule an Info pass if you do not get or hear anything in the next 30 days.
Best wishes.
 
Manalive said:
Indianapolis. In Indianapolis, everyone is interviewed separately.

If I were you, I would expect a surprise visit in the near future or request for more evidence.

USCIS can delay a case anywhere from a few weeks to years.
You might want to schedule an Info pass if you do not get or hear anything in the next 30 days.
Best wishes.
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Manalive,

In your case, you have to wait until USCIS makes a decision. The visit by USCIS officers indicates suspicion of fraud in your case, which is never a good sign for a green card "miner or seeker". Your spouse provided incorrect information to the officers, which complicates your case further. I like the summary done by Jack, which replicates my inclination with regards to your case. The money issue should always be clear, who handles what and if you are paying something, you and spouses should be clear on the amount being paid (in this case, child support discrepancy). Her refusal to allow these "strangers" in her bedroom could deal a severe blow to your approval, "the strangers" have the power or influence to corroborate USCIS suspicion of your marriage as fraud. Allowing the officers in your bedroom could have sealed the approval, for example they might have found your pictures (you and spouse), cologne and deodorant. If they went further into your closet, found both of your clothes, which will go a long way in placating their concerns.

USCIS won't divulge any damaging information to you during info pass. If I were in your shoes, I would involve my congressman or woman, ask them to follow my case. Congressional involvement won't influence the decision, but will indicate to USCIS that you are following up on your case via other channels. You should wait it out until they approve or deny your case. Where you thoroughly prepared for the interview? I read that you were told an approval is on course for you, and GC in the mail a week or two's time, but only for USCIS to send their fraud detection unit to harass your wife. There is no telling what USCIS will do with your case, they might drag it out for a couple of months to see whether you explode in frustration or what. Where you previously married and file for AOS before? How many times have you been personally married? It could be many issues that concerns USCIS about your case. What joint evidence did you have at the interview?
 
Thank you for your response.
IO’s visit: Wifey is pretty naïve regarding the immigration process. She thought the IO’s were crazy when they asked to look around our bedroom. Leave alone going to our bedroom, my wife told them that it was unprofessional for them to pay us a visit without first making a courtesy phone call before hand.
I never bothered to discuss possible surprise visit with my wife since I was not expecting anything like it. If and when they return, they will be allowed to rummage through all my junk if they want to.
Were we prepared? No. I thought since our marriage is genuine, there was really nothing to worry about. This is where I went wrong. On hind sight, we were poorly prepared.
Previous marriages: Married three times within the past ten years.
First: I was married to a USC in 2000, but divorced after 3 months because she was too high maintenance. No AOS filed.
Second: Married to a non USC citizen in 2003. I have two boys with my second wife. She divorced me in 2007.
Third: Currently married to a USC. March, 2010.
AOS history:
In 2004, I filed for AOS as a religious worker. (Church Deacon). However, I had to abandon the AOS in 2005 because of funding cuts that resulted in the elimination of my paid position.

My interview last fall was pretty comprehensive. It lasted for 30 or 40 minutes. I was able to answer all questions. However, my wife stumbled on a few questions as I indicated in my initial posting.
We were interviewed separately and videotaped. IO was not happy that I have overstayed for over 10 years. At the end of the process, IO indicated that she approved my GC and that I should expect it in the mail in 2-3 wks.

Other concerning issues: In 2009, I helped my ex-wife buy a house in an area that would give my boys access to the best schools in the state. She tried to acquire a mortgage on her own but did not qualify. At my interview, IO asked if I own any property. I said yes, and explained that I agreed to add my name on the mortgage to help my boys get access to great schools.
Joint evidence presented:
-Bank statements
-Three utility bills
-Retirement account
-Auto insurance
-Emergency contact forms
-Album of pics (including wedding pics)
-Marriage cert
-NO LEASE (At the time of interview, we were looking for a bigger house) and I explained this to the interviewing IO.

My wife is 37. I’m 36. We are both nurses, we both have two children each from previous relations and we both have a dark complexion.
During surprise visit, IO’s asked my wife if she knew that I own property. Wifey said yes, and explained to them that I helped my ex buy the house to help my boys gain access to great schools.
Looks messy!
Questions:
1. Should we expect a second visit?
2. Should we expect to be called for a second interview? Maybe stokes this time?
3. Was joint evidence presented adequate?
4. How do you see this playing out?
Needless to say, I’m a little stressed out about this whole thing, but then… (Huge understatement!)
Your thoughts…
 
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Manalive,
1. A second visit is very unlikely but don't count it out
2. A second interview is very likely and expect to be grilled.
3. Joint evidence adequate but not enough specially when they doubt the validity of ur mariage. On my second interview I had almost 8in thick documentation for everything for every month since we got married (thanks to online bills and stuff). The more the better. Save everything that u think can help.
Also have ur ex-wife write a letter explainin the reason why u hv ur name on her mortgage. And make sure u have a lease with u and ur current wife name on it
4. As I stated b4 this was very similar in a lot of aspect to my case and I also reside in the midwest bout 4 hours from Indiana. So what I did was wait it out til u can file WOM, be prepared 4 a second interview and be prepared to be grilled. It won't be easy but if ur mariage is real you'll hv a second chance to redeem urself.
As a great man said "if you failed to prepare, be prepared to failed". So please next time be prepared.
Best of Luck
 
Manalive,


In recapping your case above, it is clear you have a difficult road ahead of you. 3 marriages in the past 10 years is excessive, and doesn't bode well for your prospects. It is NOT illegal to be married that many times, but it raises lot of questions with regards to your intentions. The mortgage with your ex-wife, though noble and done in the interest of your boys, technically handicap your current wife's future (financially), which USCIS might be viewing as an albatross. I believe your past immigration filings has provided ammunition to USCIS as far your intentions are concerned, you overstayed your visa by 10 years., which clearly won't endear you to USCIS.

Don't boil this to the issue of being a dark skinned person, Russians I believe have a monopoly on immigration fraud in the US, according to internal reports by USCIS. It is unreasonable to expect USCIS to call your family to indicate they will be visiting your home, if they are investigating fraud, then tipping you off gives you leverage over what they intend to uncover. Your wife should have learned that USCIS is NOT a small toothless tiger, they have enormous impact on the lives of many immigrants, clearly something that your wife missed point along the line. The evidence you took to the interview wasn't sufficient, you needed to have taken a 50 lbs :) of evidence, especially given your own personal immigration history. Second home visit improbable and won't serve any purpose. Second interview is where your boat might be headed, and you should prepare for a battle, knowing the color and type of underwear your wife will be wearing, last time you had sex, date of birth, last time you visited in-laws, favorite dish, car or sport team, professional occupation and how long, who managed finances in the home. In short, practically each and everything about your spouse will be under the microscope during stoke interview, and getting 85% correct (husband and wife), will likely get you an approval.

In short, you should prepare for a second round. You need to be firm with your wife, immigration stuff isn't to be taken lightly, or she will endure cold nights while you are deported.
 
Thanks four your insight gentlemen.

I will beef up for a possible second interview. I'm expecting to be deep fried like a turkey during thanksgiving... Wifey is now aware that USCIS has claws and tends to use them every once in a while.

Again, thanks for all the advice.

Best
Manalive...
 
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