Legal Question in Immigration Law in Florida
What happens after initial AOS interview?
I am the beneficiary. My USC spouse is petitioning me for permanent residence. At the initial 485 interview, we were interviewed separately. The officer told us that he was not convinced that our marriage was bona fide. And to expect a letter from USCIS regarding the case within 180 days. My question is, is there usually a second interview after this?
2 Answers from Attorneys
Re: What happens after initial AOS interview?
If the immigration service has suspicions of marriage fraud they may refer the case over to their fraud unit - this may include visits to your home, your neighbors, or your employers. There may also be a second interview set, though not typically. You may wish to use the time you are waiting to submit additional documentation related to the good faith nature of your marriage.
Re: What happens after initial AOS interview?
Did the officer say why he was not convinced? Did he feel you needed more documents -- more time if you have been married less than 2 years to convince him? Generally, if your interview was done prior to two years of marriage, there is a likelihood that you will get another interview. On the other hand, if you have been married for some time, then something went wrong with either your answers to the questions or the officer is suspicious about your relationship. If the officer advised you to expect a letter within 180 days it can either be an invitation for a second interview, or a notice to appear before the immigration court so you can try to convince the immigration judge. From what it sounds, you may get a second interview. If you get a denial letter, and you believe your marriage is bona fide, I would not bother appealing it -- I would simply file again and try again. If you get a notice to appear before the court, then you can try again before the immigration judge. You ought to have a good lawyer -- it sounds to me as if you did this without an attorney, and maybe were not prepared for the interview. I don't have too much information to go on, but you can get a good lawyer and lay out the situation for him. Good luck!
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