Announcement

Collapse
No announcement yet.

Failed interview

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

  • Failed interview

    I am wondering what if there is a couple who is married for love and is bonofide, but they fail their interview. There is no standard on how a married couple should live their life, but there are, what we call, social norm. What if that norm is not followed.

    What happens if the USCIS doesnt believe a couple is for real, but the truth is the couple is. Assuming one is citizen and other is not, duh. What happens then? Just curious to see if that has happened to anyone.

  • #2
    I am wondering what if there is a couple who is married for love and is bonofide, but they fail their interview. There is no standard on how a married couple should live their life, but there are, what we call, social norm. What if that norm is not followed.

    What happens if the USCIS doesnt believe a couple is for real, but the truth is the couple is. Assuming one is citizen and other is not, duh. What happens then? Just curious to see if that has happened to anyone.

    Comment


    • #3
      It would depend on what kind of interview it was -- you are able to appeal and/or you will be put into proceedings and have another chance before a judge

      Comment


      • #4
        No one has ever failed a marriage interview; it is impossible not to get a green card if your married even for a day irrelevent of how unusual

        Comment


        • #5
          Then the AOS will get denied. What else do you think will happen? Either that, or they want additional information to prove the marriage is legitimate.
          One thing that usually raise red flag to the AOS interviewer is when the couple isn't living together. There're valid reason for it of course, but you better have tons of document to support it.

          Comment


          • #6
            Which social norm are you talking about not being followed, hypothetically?

            Is there a way to find out how many are approved and how many not? Also on K-3's, etc?

            Comment


            • #7
              It's only required that the couple sufficiently demonstrate that they intend to co-mingle their lives. This can be accomplished in many ways.
              The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

              Comment


              • #8
                My only concern is that my wife is still in college and will not finish until Dec. At this rate our interview will be before she is out of college. She will not be living with me, until she is out of college. We live in different cities, so I am wondering if this will raise a red flag.

                Comment


                • #9
                  Antivirus,
                  I am assuming that you and your spouse have not filed joint tax return(s) and your spouse is on a F or J visa status. Let me give you some tax law advice. Assuming your spouse is not from a tax treaty country, you and your spouse can elect to file a joint return with your spouse choosing to be a resident alien for tax purposes. To do this, you file a joint return with a statement under the prescribed procedure. If your spouse is from a tax treaty country, and the article forbid becoming a US resident, then you would need to cite the tax treaty and article number during the interview (copy of the article would also help in the interview). You can make the choice even after you filed. To do so, you would need to amend your return(s) if they fall within statue, generally three years after the return was filed or two years after the tax was paid, whichever comes later.

                  Contrary to popular belief, generally a married couple have a choice to file jointly or seperately. If they filed seperately, it is generally filing married filing seperately unless one or both spouses can file Head of Household.

                  If you have any questions, let me know where your spouse was a resident prior to entering the US, not necessarily her citizenship.
                  "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                  Comment


                  • #10
                    Antivirus:
                    That's definitely a red flag. Just make sure you've tons of supporting documents to prove the marriage is legitimate. Like sappy said, get something joint under both of you. A joint mortgage, joint credit card, joint bills, anything to that likes.

                    Comment


                    • #11
                      We have tons of pics of us when we were in college. Our roommates will give affidavits about our relationships. We will have joint accouts, credit cards, etc. When I get an apartment her name will be on the lease, utilities, etc, even though she wont be living with me until her school is finished. I have receipts of engagement ring, wedding bands, letters from over 4 years, pics at different football games, vacations, etc. There is no quesiton that this is a real marriage, but since we are young we dont have documents that might be more convincing. She is 6 months younger then me. Her looks, height, etc compliment mine, so this real, but u never know with immigration.

                      Comment


                      • #12
                        Education or employment pursuits are very valid reasons for a couple to not have the same residence. The fact that you have included her name on banking accounts and credit cards is a good indication of the extent to which you can co-mingle at this point. It would be wise to list your planned joint residence as her permanent residence on anything you can.

                        Relax, you're not the first petitioner who has a spouse finishing her schooling, so I'm sure the AO will understand. I'd make sure you include her college registration information as some confirmation that there are obvious reasons why you do not, as of yet, permanently reside together.
                        The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                        Comment


                        • #13
                          you may use proof that you two are doing each other.

                          Comment


                          • #14
                            My uncle married an overstay from the Phillipines. They still haven't moved in together after two years of marriage because she has a job as a live-in care-giver for a gentlemen she has been taking care of for years (she actually met my uncle through him.) He pays her really well and I've heard through the grapevine that he has promised to leave her a generous amount of $ and property if she remains with him until he dies. She has not changed her name, either. She sent me a check for Christmas and it's in her own bank account, with her other address. She lives a five hour drive away from my uncle and they spend weekends together. This "alternative" marriage sitaution hasn't raised any red flags in her immigration process, even though it did raise some with my family. Now they are building an apartment onto my uncle's house so that they can move the old man in and they can all be together like a big happy family. It does seem kind of odd to a lot of people, including me at times, but it hasn't caused them any problems with immigration. My uncle has always been a bit eccentric.
                            Have a nice day

                            Comment


                            • #15
                              Your uncle may be having a threesome with the 2 lovebirds!

                              Comment

                              Sorry, you are not authorized to view this page

                              Home Page

                              Immigration Daily

                              Archives

                              Processing times

                              Immigration forms

                              Discussion board

                              Resources

                              Blogs

                              Twitter feed

                              Immigrant Nation

                              Attorney2Attorney

                              CLE Workshops

                              Immigration books

                              Advertise on ILW

                              EB-5

                              移民日报

                              About ILW.COM

                              Connect to us

                              Questions/Comments

                              SUBSCRIBE

                              Immigration Daily



                              Working...
                              X