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got i-485 interview i am very worry please any advice or experience please read

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  • got i-485 interview i am very worry please any advice or experience please read

    hello everyone,
    let me give you a background: i came to USA 14 years ago with F-1 visa, but did not attend school at that time. i applied asylum, i was granted withholding of removal since 2005. i was also married before i came to usa, however since with WOR i cannot travel , my ex-wife decide to end that marriage.
    in 2012 i married a USA citizen she applied the !-130 which was approved in 2013. my attorney applied to the joint motion and termination of my asylum case which was terminated this year (2016). we applied for green card for adjustment of status. i got bio metrics done. i got medical exam done. i had 1-485 scheduled this month.
    here where the confusion start: When we were preparing the I-1485 interview with our attorney, she said that the immigration judge had refused my asylum case before because i had student visa to go to school but i never attended school. which according to my attorney is like fraud. My attorney decide to prepare I-601 ( affidavit) so when we are asked, during the GC interview he have it on hand . First i refuse to sign such document because, like i told the IJ judge i was under dress and my life was in danger, i was looking to be safe first then go back to school later. but my attorney prepared the I-601 anyway and keep it with the file

    Also please note i did not attend the school i was supposed to attend back in 2002. but in 2009 i went back to another university for 4 years , currently i hold 4years degree but just from different school

    we went to I-485 interviews toda with, my wife we been married for almost 4years now and we still married and love each other.
    - 1 - the interview lasted about only 20 minutes
    2 -the officer did not ask my wife any questions
    3- my attorney bring up the IJ judge decision on my old asylum case ( which is terminated)
    4- the officer went through the paper work, as asked few original document which i give to him
    5- here what i am worry: the officer asked me why the IJ denied the asylum case, i responded with the reason my attorney mentioned to be above
    then he asked me did you have intent to go to school? i answered no because i was worried about my safe first. however, i went to another university and i have right now 4years degrees. i show the officer few of my bills i receive from school .

    4- the officer did not really ask about our family life. but i remember, we were asked many questions during the I-130 interviews back in 2013

    the the officer said he is done i will get letter on the mail. my attorney asked him if he need a copy of the I-601 he had already prepared but the officer answered No he don't need it now. and he will asked us to submit it if he ever need it.

    my questions to all of you guys does this sounds promising or not i am very worry. because my WOR has been terminated, i am not sure if my I-485 will be granted. if it is not guaranteed i am so worry how the life of wife and my step children will be if the ordered me to leave the country

    Thank you

  • #2
    Mmm anything is possible at this point, however it seems that you applied for a Student Visa but never had an intent of going to school at that time. Which in the eyes of immigration sounds like fraud. Even if you went several years later, to them it may seem that you had other intentions. Its understandable you had a concern for your safety but there is certain humanitarian options that you should have taken. You may get lucky and they overlook these facts now that you are married to a US citizen, however dont be surprised if they scrutinize the legitimacy of your new marriage. I would just wait to see the decision on your interview and go from there.
    Marriage-based AOS- CHICAGO Concurrent filing
    08/26/2015 - Priority Date
    09/21/2015 - Biometrics Scheduled/Completed
    01/07/2016 - Interview Chicago Field Office
    03/27/2018 - Notice of Intent to Deny
    04/13/2018 - Submitted Rebuttal to NOID
    06/00/2018 - Received Approved I-130
    06/00/2018 - RFE received for updated Medical Exam
    06/12/2018 - Submitted updated Medical Exam
    07/02/2018 - Received Approval for I485
    07/06/2018 - Received Green Card in Mail

    Comment


    • #3
      Originally posted by helpmylife View Post
      Mmm anything is possible at this point, however it seems that you applied for a Student Visa but never had an intent of going to school at that time. Which in the eyes of immigration sounds like fraud. Even if you went several years later, to them it may seem that you had other intentions. Its understandable you had a concern for your safety but there is certain humanitarian options that you should have taken. You may get lucky and they overlook these facts now that you are married to a US citizen, however dont be surprised if they scrutinize the legitimacy of your new marriage. I would just wait to see the decision on your interview and go from there.
      this is a tricky one. You didn't come here illegally. uscis granted u a student visa! life happened and you was not able to pay the expensive school expenses. I've known people that comes into the country on visitors visa and over stay then married a citizen and get through. u case is complex, because u applied for asylum, student visa, and now AOS through marriage. USCIS will think that u use every way possible to stay. Hope u didn't in any trouble with regards with the law.
      good luck hope things works out. u have been married to ur wife for 4 years, i hope they take it in to consideration.

      Comment


      • #4
        Originally posted by iuy87 View Post
        this is a tricky one. You didn't come here illegally. uscis granted u a student visa! life happened and you was not able to pay the expensive school expenses. I've known people that comes into the country on visitors visa and over stay then married a citizen and get through. u case is complex, because u applied for asylum, student visa, and now AOS through marriage. USCIS will think that u use every way possible to stay. Hope u didn't in any trouble with regards with the law.
        good luck hope things works out. u have been married to ur wife for 4 years, i hope they take it in to consideration.
        hello, and thank you for the response. when it came to trouble with regards to law. i do not have any criminal records since i been here in for 14 years.
        i am still waiting , praying and hopping

        Comment


        • #5
          Originally posted by touk74 View Post
          hello, and thank you for the response. when it came to trouble with regards to law. i do not have any criminal records since i been here in for 14 years.
          i am still waiting , praying and hopping
          pray things with work out for you. people come here on visitor visa making promises to leave after 6 months or 3 months, but end of staying for 5 years....how come they get granted green card...isnt that suppose to be fraud also.

          they will probably give u a hard time, but things will work out. just make sure ur wife don't mess up the second interview. for sure they are going to call u back for another interview

          Comment


          • #6
            Originally posted by iuy87 View Post
            pray things with work out for you. people come here on visitor visa making promises to leave after 6 months or 3 months, but end of staying for 5 years....how come they get granted green card...isnt that suppose to be fraud also.

            they will probably give u a hard time, but things will work out. just make sure ur wife don't mess up the second interview. for sure they are going to call u back for another interview
            thank you for the response. I was asking myself the same, many people came here as student, visitor or else, but end up doing something else but i never heart such think to be considered as fraud. i am very confuse. In 2 days, It will be one week since we went to interview but did not heart nothing, the case status is not updated nothing.

            so do you think they will call us for interview again? do you have any idea how long until they call us again?
            thank you so much for your response, you give give me hope on your response.

            Comment


            • #7
              Hi Touk74, did your I485 got approved? I am in the same boat as you were. Appreciate it if you can update on how your case is finalized.

              Comment


              • #8
                @Touk74

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