what can be done to stay after I-485 is denied

[shieri55]

I have a notice of hearing in removal proceedings which is going to be held on March 6, 2008. It is due to denial of adjustment of status through marriage to US citizen. Our marriage was considered untruthful because though we have been married for two years and 9 months, we only live together from July 2006 to December 2006 for we thought valid reasons. Of course we are and have been truly in love and have been trying to overcome separate situation, and we are finally going to live together in mid February, 2008. We explained and showed all kind of document we could present to the immigration officer at 2nd interview in order to proof our marriage is truthful, but she would not believe us. I did not know about this website so we had more than three questions that we answer differently, we weren't prepare enough to answer all the questions... She was going to deny the petition at the sight which was going to trigger deportation process right away; in order to avoid that, per our previous attorney’s advice, we withdrew the application. We thought there would be more time to prepare more to defense in immigration court by the time hearing date is determined, but unexpectedly it is scheduled to be only one month away.

Question is, what can I do in the hearing to have the judge let me stay in the US? I have been out of status for more than one year so I understand I have 10 year bar, if I exit the US now.

Thank you for your advice in advance.

[rosestroup]

What documents did you bring for the interview? Were you really married for true love? You can fine a motion to reopen. What did they ask you at the interview?

[PraetorianXI]

You need a good lawyer, NOW. There's not much WE can do to help you. You must help yourself. The lawyer could file a motion to reopen the case, but at this point, it may prove hard. Bring all of the evidence pertaining your marriage to court and be prepared. Get a lawyer!

[shieri55]

What documents did you bring for the interview? Were you really married for true love? You can fine a motion to reopen. What did they ask you at the interview?

Since my husband and I did not live together for reasons which we thought reasonable, the officer didn't believe us so in addition to things people normally bring to the 1st interview, we brought cell phone record, sworned letters of some of the friends and employees of the restaurant we always go etc. Basically, though, she didn't even take a look at these things; she was more focused on questions to us (in the 2nd interview she interviewed my husband and me separately). About 30 questions from the questions this website introduces in "marriage fraud"... According to my husband, the officer told him there were more than three questions we anwered differently. He said she told him she admitted some relationship going on, but not strong enough to totally convince her this was real marriage. Because we answered differetly on three questions. These were answered differently because we didn't expect these kind of questions and just did not remember collectly, and I misunderstood her one of the questions so the anwer I answered and my husband answered were different... I was not allowed to meet her again to explain my misunderstanding... We are truly in love...

So, my advice to you is 1st of all, "LIVE TOGETHER no matter what (but really, in our case, we could not help living separate; we brought document, but she didn't even take a look). Not living together catches attention to lead to the 2nd interview. Then they'll pick on you as many questions as they can possibly ask in order to find different answers three times and you are out... Maybe, this is just my guess, interracial relationship with 10 year old difference with 3rd marriage for my husband while 1st for me with very different background might have worked negatively, which, in theory, should NOT matter... but to her the officer, she told me, "To ME, living separately so long would not work out." It works for US, because we have been making so much effort to keep the relationship because we love each other so much, and by overcoming problems our relationship gets stronger and stronger, and now we may have to live separately again for I don't even know how long if I get deported.

We have been getting an attorney's help but the result came out not favolable; we should have had 2nd opinion from other attorneys too, not just believe one person... We don't trust this attorney anymore. We will ask other attorney's help.

[rosestroup]

I hate to tell you this, but i think there is probably nothing left you could do...