Thursday, March 27, 2008

I-130, I-485 approved after mandamus action filed

Our client, Wendy, married a US citizen in 2003. She came to the US in 2005 under a K-3 visa. She then filed her I-485 to adjust her status to permanent resident. She and her husband were first interviewed on February, 2006. Her application had been pending since then. On January, 2008, we were retained to file mandamus action in federal district court in Northern California. On February 20, 2008, CIS conducted second interview. We knew this would a marriage fraud interview. Wendy’s husband married three times and he applied for green card for all his wives. The second wife only spent a few months in the US before she disappeared. We knew CIS was suspicious of the marriage just because of the history of her husband’s prior marriages.
My clients were separated and were questioned for about two hours. They basically responded to the questions consistently. However, there were several significant discrepancies. At the end, the interviewing office declared that she did not believe this marriage was bona fide and she wanted to deny the application. We argued the merits of the case and explained the inconsistencies.
To our surprise, CIS approved this case yesterday. I suspect that when the officer presented this case to her supervisor for review, the supervisor felt that there are sufficient evidence to prove bona fides of the marriage.
Today is the day CIS supposes to file its answer to our mandamus action.

1 comment:

judel5 said...

Hi, My case is still pending and I must say that it is almost very similar to this one. I filed I-485 in march 2002 and was interviewed on Jan 2006. The Officer requested more evidence and I sent it in and then I didnt hear from them for a while until September 2008. On the day of the interview this September I went in with an attorney (which we hired that morning) and during the interview, the AO saw that we had just hired the lawyer that morning. He rescheduled the interview and so I have an interview for two weeks from now. Please let me know if I have a chance... Thanks in