Laramie, WY asked in Immigration Law for Colorado

Q: What should I do when the Immigration officer?

My wife and I are from the same country. However, she has US citizenship. When I submitted the AOS application (F1-visa), my wife was overseas, and she is still there for family matters.

The interview of AOS based on marriage is in two weeks in Casper Wy.

What should I tell the officer? is it a problem that she is currently overseas and I am still here as a student at uwyo? She will be here to attend the interview, but she has to go back after that. But she is coming to reside here in May.

We have the following document to support our case: Joint bank account & credit cards, car insurance, photos, wedding photos, family visits)

Any advice? What should I do when the Immigration officer ask me why she was outside the country. Do I need an attorney to attend the interview with me?

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2 Lawyer Answers
Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL

A: It may be a problem that you and your wife do not live together. That sends up red flags. The best strategy would be to retain counsel to attend the interview. Above all else, tell the truth and explain why you don't reside together. You can bet that both of you will be interrogated separately.

Adan Vega
Adan Vega
Answered
  • Immigration Law Lawyer
  • Houston, TX

A: If your U.S. citizen spouse is the petitioner of the relative petition that was filed with USCIS then both of you must present evidence that both of you are involved in a good faith marriage.

You also can explain the “ family matters “ that have caused your spouse to remain abroad and away from you.

A visit with an experienced immigration attorney can assist you in preparing for the adjustment of status interview with USCIS.

Stephen Arnold Black agrees with this answer

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