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I recently applied for a 1-485 after getting married in february, 2014. Prior to the marriage, I had lived in the US since I was 6 years old but my family never applied for any status update.
I'm a dual citizen of the UK and another country. In 2002 I travelled out of the country with my non-UK passport, and then re-entered on a Tourist Waiver Visa using my UK passport since those are usually given automatically.
Here's where it gets complicated: Last year my mother, who had a GC, passed away and I was designated executor of her estate. She had lived with me since 2002, first in NY and then later when we moved to the South. After her death, I traveled with her remains overseas for her burial, again using my 2nd passport. I came back to the US and reentered via my UK passport w/ no issues. In January I needed to go visit relatives living in the UK to discuss estate issues and again, using BOTH passports, traveled overseas. Upon re-entering the US on a ESTA Visa, I was stopped at immigration and told that there were some questions about a criminal matter in the 80's when I was a college student and an overstay of 2 days from my prior visit. The criminal matter was cleared up as a minor issue and the 2 day overstay was as well, but it led to my being interviewed about the dual passports, entry and re-entry, prior overstays of tourist visas, etc. I was interviewed by an immi officer and told him that I was coming back to the US to handle my mother's affairs as I was the executor. I never mentioned that I'd been living here previously. I was granted a parole and allowed to enter, contacted an attorney who then filed a I-130 and 1-485 for adjustment of status for my fiancee (now wife) and I.
We went to the 1st interview, everything went well or so we thought, but when the interviewer asked about this "other passport" and how I had re-entered months earlier, he concluded that I gave the immi official the impression that I was just coming back for my mother's affairs and not already living here. When I said "what about this other passport" I had a brain-lock, got scared, and thought he was asking whether I had another UK passport, and said no. She never said what about your passport from that other country or named that country- and in my nervousness I answered wrongly. Only today did I realize that perhaps thats what she was asking about, the dual passports. Also, although we submitted all docs they're asking for them once again, especially the passports and other marriage docs. In any case, the interviewer seemed OK with the situation and in fact, granted the I-130 petition recognizing the marriage, but not the official adjustment I-485.
She said we'd have a response in about 2 weeks and our app was 99% certaint to be approved. She said that they should've "caught" my 2 passport issue but since they didn't and allowed me to re-enter, there was nothing they could do now especially with the recognition of the marriage. She gave us the impression that it was not a big deal.
Well, 3 weeks later we get a notice asking again for a certified copy of my wife's divorce decree from her 1st marriage, which we obtained and sent to them. Today, 6 weeks after that, we received notice that a 2nd interview has been scheduled and we are to bring items going back to 2002 showing where I resided prior, along with both passports, etc. My wife doesn't see much of an issue since she said they probably just want to clarify some discrepancies especially w/ my brain-fart answer about the dual passports. Most of the items they're asking for, we've already submitted.
Should I be worried that my re-entry where I omitted information about where I resided PRIOR will have an effect now? With the I-130 being approved and the marriage recognized as legit, which it is, what are they looking to "clarify" other than the erroneous info? Should I pay ($1500) for an attorney to be present? Finally, has anyone ever been through this type of situation w/ dual passports?
I'll admit my fault w/ giving that answer in the 1st interview but it wasn't meant to hide anything. I'll also admit that using both passports to travel wasn't smart, but it was done mostly out of convenience. I do love my wife and obviously our nuptials are real. What do you guys think I can expect at this 2nd interview?
Thanks for reading this through.
I'm a dual citizen of the UK and another country. In 2002 I travelled out of the country with my non-UK passport, and then re-entered on a Tourist Waiver Visa using my UK passport since those are usually given automatically.
Here's where it gets complicated: Last year my mother, who had a GC, passed away and I was designated executor of her estate. She had lived with me since 2002, first in NY and then later when we moved to the South. After her death, I traveled with her remains overseas for her burial, again using my 2nd passport. I came back to the US and reentered via my UK passport w/ no issues. In January I needed to go visit relatives living in the UK to discuss estate issues and again, using BOTH passports, traveled overseas. Upon re-entering the US on a ESTA Visa, I was stopped at immigration and told that there were some questions about a criminal matter in the 80's when I was a college student and an overstay of 2 days from my prior visit. The criminal matter was cleared up as a minor issue and the 2 day overstay was as well, but it led to my being interviewed about the dual passports, entry and re-entry, prior overstays of tourist visas, etc. I was interviewed by an immi officer and told him that I was coming back to the US to handle my mother's affairs as I was the executor. I never mentioned that I'd been living here previously. I was granted a parole and allowed to enter, contacted an attorney who then filed a I-130 and 1-485 for adjustment of status for my fiancee (now wife) and I.
We went to the 1st interview, everything went well or so we thought, but when the interviewer asked about this "other passport" and how I had re-entered months earlier, he concluded that I gave the immi official the impression that I was just coming back for my mother's affairs and not already living here. When I said "what about this other passport" I had a brain-lock, got scared, and thought he was asking whether I had another UK passport, and said no. She never said what about your passport from that other country or named that country- and in my nervousness I answered wrongly. Only today did I realize that perhaps thats what she was asking about, the dual passports. Also, although we submitted all docs they're asking for them once again, especially the passports and other marriage docs. In any case, the interviewer seemed OK with the situation and in fact, granted the I-130 petition recognizing the marriage, but not the official adjustment I-485.
She said we'd have a response in about 2 weeks and our app was 99% certaint to be approved. She said that they should've "caught" my 2 passport issue but since they didn't and allowed me to re-enter, there was nothing they could do now especially with the recognition of the marriage. She gave us the impression that it was not a big deal.
Well, 3 weeks later we get a notice asking again for a certified copy of my wife's divorce decree from her 1st marriage, which we obtained and sent to them. Today, 6 weeks after that, we received notice that a 2nd interview has been scheduled and we are to bring items going back to 2002 showing where I resided prior, along with both passports, etc. My wife doesn't see much of an issue since she said they probably just want to clarify some discrepancies especially w/ my brain-fart answer about the dual passports. Most of the items they're asking for, we've already submitted.
Should I be worried that my re-entry where I omitted information about where I resided PRIOR will have an effect now? With the I-130 being approved and the marriage recognized as legit, which it is, what are they looking to "clarify" other than the erroneous info? Should I pay ($1500) for an attorney to be present? Finally, has anyone ever been through this type of situation w/ dual passports?
I'll admit my fault w/ giving that answer in the 1st interview but it wasn't meant to hide anything. I'll also admit that using both passports to travel wasn't smart, but it was done mostly out of convenience. I do love my wife and obviously our nuptials are real. What do you guys think I can expect at this 2nd interview?
Thanks for reading this through.
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