Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Are we TOASTED? I think we are.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Are we TOASTED? I think we are.

    Yep, we're fresh baked meat. I really need some help and guidance, if this doesn't work out we can only blame ourselves.

    So basically my wife and had our AOS interview on April 24th. After the interview, IO said she would send a request for additional documents in a few days. Now we know that she said that not to alarm us because she didn't believe in our marriage. We brought an approved I-130 from 2012 while I was in removal proceedings, few pics, leave and bills. No bank accounts or tax returns together.

    Fast forward to July 13th when we received a second notice for interview for August 4th. THE DREADFUL STOKES INTERVIEW,which we passed in 2012. Whatever, no big deal. We prepared with our lawyer then went in. Here's where everything went south. We answered the majority of the question right, but here are the ones we got wrong.

    When was the last time you went out: I said sometime last week, my wife said last month.

    When did you move: I said Sunday and Monday, wife said Sunday.

    What is your wife phone #: I didn't remember hers but she remembered mine

    What's your wife's phone carrier: we both messed up on that one saying wrong carriers.

    She asked why we don't have a joint bank: we truthfully said that we had an agreement to separate our finances for now until we get a house cause wifey is an overspender, which is true and we never had an argument about money in our marriage, IO laughed at that but I'm not sure if she thought that was funny or she was sarcastically laughing.

    But everything else was right. At the end, she grabbed our album and asked me if she can take it all, I said yeah but then she opened it and grabbed probably about 11 or 12 pics and said she would send her decision in the mail.

    But here's is the catch in all this, my wife's DL is on her mom's address but her ID is on ours. She told IO in our first interview that she didn't have a DL cause she was worried about the address discrepancy. She asked again on our second interview and my wife said the same thing, but I think she already had pulled her DL record and could see that she had a DL, so she caught the lie right there.

    Now we know we did all this to ourselves and frankly, im expecting a notice of intent to revoke I-130 sooner or later in the mail. We are trying to gather more evidence and have changed her DL to our address.

    Now, hopefully someone will give it to us straight as to what to expect. Our spirits are already down so no need to sugarcoat. Thanks for reading

  • #2
    I hope someone has better news for you. Mine is: keep up the hope!


    Originally posted by techniec1 View Post
    Yep, we're fresh baked meat. I really need some help and guidance, if this doesn't work out we can only blame ourselves.

    So basically my wife and had our AOS interview on April 24th. After the interview, IO said she would send a request for additional documents in a few days. Now we know that she said that not to alarm us because she didn't believe in our marriage. We brought an approved I-130 from 2012 while I was in removal proceedings, few pics, leave and bills. No bank accounts or tax returns together.

    Fast forward to July 13th when we received a second notice for interview for August 4th. THE DREADFUL STOKES INTERVIEW,which we passed in 2012. Whatever, no big deal. We prepared with our lawyer then went in. Here's where everything went south. We answered the majority of the question right, but here are the ones we got wrong.

    When was the last time you went out: I said sometime last week, my wife said last month.

    When did you move: I said Sunday and Monday, wife said Sunday.

    What is your wife phone #: I didn't remember hers but she remembered mine

    What's your wife's phone carrier: we both messed up on that one saying wrong carriers.

    She asked why we don't have a joint bank: we truthfully said that we had an agreement to separate our finances for now until we get a house cause wifey is an overspender, which is true and we never had an argument about money in our marriage, IO laughed at that but I'm not sure if she thought that was funny or she was sarcastically laughing.

    But everything else was right. At the end, she grabbed our album and asked me if she can take it all, I said yeah but then she opened it and grabbed probably about 11 or 12 pics and said she would send her decision in the mail.

    But here's is the catch in all this, my wife's DL is on her mom's address but her ID is on ours. She told IO in our first interview that she didn't have a DL cause she was worried about the address discrepancy. She asked again on our second interview and my wife said the same thing, but I think she already had pulled her DL record and could see that she had a DL, so she caught the lie right there.

    Now we know we did all this to ourselves and frankly, im expecting a notice of intent to revoke I-130 sooner or later in the mail. We are trying to gather more evidence and have changed her DL to our address.

    Now, hopefully someone will give it to us straight as to what to expect. Our spirits are already down so no need to sugarcoat. Thanks for reading

    Comment


    • #3
      Separate finances and the indicia of separate households (like DL with different addresses) are red flags that prompt further inquiries into the bona fides of your marriage. However, on their own, they do not preclude a finding that the marriage is bona fide

      Not filing taxes together for the last 5 or more years you've been married - that just seems shady to me personally

      "If at first you don't succeed, then dust yourself off and try again". You're in the enviable position of being able to file anew after being denied

      Best of luck

      Comment


      • #4
        We didn't file together because she owes money to the IRS and all they take all her return, we did explain that to the officer.

        Comment


        • #5
          So if you're denied, you can file for AOS again? I thought one would be up for removal proceedings asap.


          Originally posted by inadmissible View Post
          Separate finances and the indicia of separate households (like DL with different addresses) are red flags that prompt further inquiries into the bona fides of your marriage. However, on their own, they do not preclude a finding that the marriage is bona fide

          Not filing taxes together for the last 5 or more years you've been married - that just seems shady to me personally

          "If at first you don't succeed, then dust yourself off and try again". You're in the enviable position of being able to file anew after being denied

          Best of luck

          Comment


          • #6
            Originally posted by techniec1 View Post
            We didn't file together because she owes money to the IRS and all they take all her return, we did explain that to the officer.
            This is something very common people do. It's a tax filing option given to tax filers so there is nothing shady about it. Not every married couple wants to co-mingle their finances especially when one person is not good with their money/finances or has past issues like bad credit. As a matter of fact, one of the biggest reasons for argument and or divorce in a marriage is over finances. If you have good credit and keep your finances well managed and you marry someone who brings on debt and credit problems they become your problems as well and financial problems can be very stressful.


            This is my opinion and not legal advice. Use of this information is strictly at your own risk.

            Trinity71

            Comment


            • #7
              Originally posted by steadygaze View Post
              So if you're denied, you can file for AOS again? I thought one would be up for removal proceedings asap.
              USCIS will likely refer the case to ICE for removal. However, the wheels of bureaucracy move slowly. The alien would have some time to prepare and file a new adjustment of status package. They might even be able to move to a friendlier USCIS district and file there

              Even in removal proceedings, an alien is entitled to request adjustment of status as a form of relief from removal. This application will be adjudicated by the immigration judge, not USCIS

              All in all, an immediate relative of a US citizen who entered with inspection will have many opportunities to present their adjustment of status case

              As for the filing taxes separately, indeed that is a good reason - I would think the USCIS adjudicating officer would understand

              Comment


              • #8
                I think she will give us another chance and send a notice of intent to revoke the I-130 then we'll respond to it, at least that's what we're hoping for. But yeah, we decided to keep our finances apart cause wifey is horrid at spending and her credit is nowhere near mine, she also has a lot of debts dating from before we started dating, we also did explain that to the officer. Right now only a miracle will help us pull this one through, we had the same issue in 2012 with our I-130 which eventually got approved so we're not giving up, we'll keep fighting thanks everyone for the inputs.

                I will keep updating this thread as things go.

                Comment


                • #9
                  God got your back

                  You just need to pray

                  Comment


                  • #10
                    Awaiting the well anticipated notice of intent to deny, we are thinking of moving forward on certain areas. We have already transferred her DL address to our new apartment, we are planning on opening a savings account on both of our names. We don't want to make it feel like we're "creating" evidence, but the IO was very skeptical at the fact that we didn't have any joint accounts. Do you guys think that would help in response of the NOID?
                    Last edited by techniec; 08-17-2017, 01:28 AM.

                    Comment


                    • #11
                      What evidence did you previously provide that you both live together?

                      Comment


                      • #12
                        We provided lease, utility bills, photos, 5 affidavits from friends, car insurance, that's about it.

                        Comment

                        {{modal[0].title}}

                        X

                        {{modal[0].content}}

                        {{promo.content}}

                        Working...
                        X