fail second interview (k1)

[jim_julian]

OK, thank you 21boy, it's now clear to me where you and your wife are at. Your wife is the US citizen, you entered the US on a K1, you got married, and now you are trying to adjust status (AOS).

 

For some reason the USCIS does not believe that you and your wife are living together as husband and wife and have a valid marriage.

 

You and your wife have been put through one or two Stokes interviews. Look at post #13 above from Dan and read the link he provides.

 

The USCIS will sometimes ask husbands and wives, who are interviewed separately but in the same time frame, a series of detailed questions about each other and their marriage. They then compare the answers of the husband and wife and make a judgment as to their living together in a marriage relationship.

 

If this is your situation and you have failed to convince USCIS that your marriage is valid then you probably do need an immigration lawyer who is specifically experienced and qualified in this type of case.

 

Good luck!

[pkfops]

One more question.

 

Is your wife a Chinese/American?

[Randy W]

OK, thank you 21boy, it's now clear to me where you and your wife are at. Your wife is the US citizen, you entered the US on a K1, you got married, and now you are trying to adjust status (AOS).

 

For some reason the USCIS does not believe that you and your wife are living together as husband and wife and have a valid marriage.

 

You and your wife have been put through one or two Stokes interviews. Look at post #13 above from Dan and read the link he provides.

 

The USCIS will sometimes ask husbands and wives, who are interviewed separately but in the same time frame, a series of detailed questions about each other and their marriage. They then compare the answers of the husband and wife and make a judgment as to their living together in a marriage relationship.

 

If this is your situation and you have failed to convince USCIS that your marriage is valid then you probably do need an immigration lawyer who is specifically experienced and qualified in this type of case.

 

Good luck!

 

He has failed 2 interviews. Their most likely next step would be a Notice to Appear at a removal hearing. Be sure to get a lawyer for this.

[tywy_99]

i past the interview in hk .

then i went to the usa .

in usa ,we can't pass the first interview . the vo didn't give us anything .

we need to have second interview .but we still can not pass it (the reason as above). the vo just ask us waitting for the letter . he didn't give me anything.

Hi 21boy,

 

Sorry for the troubles. It sounds serious.

You've mentioned "a letter" twice in your replies. Do you have any details you can share on what letter you are waiting for? What information did the USCIS officer give you? What's your next step?

 

Thanks

[Guest Rob & Jin]

i past the interview in hk .

then i went to the usa .

in usa ,we can't pass the first interview . the vo didn't give us anything .

we need to have second interview .but we still can not pass it (the reason as above). the vo just ask us waitting for the letter . he didn't give me anything.

Hi 21boy,

 

Sorry for the troubles. It sounds serious.

You've mentioned "a letter" twice in your replies. Do you have any details you can share on what letter you are waiting for? What information did the USCIS officer give you? What's your next step?

 

Thanks

 

Next step must be a lawyer who specialises in this and can show a record of such and contactable references, IMHO

[Cathy]

My guess of this situation is that the VO doubts the relationship based on the age of the husband. In China, the legal age for marriage requires the girl of 20 and the boy of 22. If he went to GUZ for k1 interview, I doubted he could get the visa there. The VO might think what motivated the husband to get married at such an early age, esp. he is from China.

 

Marriage in China firstly means responsibility. Even age 22 may not be old enough to be independent and self-supportive. At that age, you could be just graduated from college.

 

Just little of my guess.

[Guest Rob & Jin]

My guess of this situation is that the VO doubts the relationship based on the age of the husband. In China, the legal age for marriage requires the girl of 20 and the boy of 22. If he went to GUZ for k1 interview, I doubted he could get the visa there. The VO might think what motivated the husband to get married at such an early age, esp. he is from China.

 

Marriage in China firstly means responsibility. Even age 22 may not be old enough to be independent and self-supportive. At that age, you could be just graduated from college.

 

Just little of my guess.

 

Is that the same for HK ?

[Cathy]

Theoretically, Hongkong follows its regional law as long as it is not contrary to the Constitution of China. I have no idea of the age requirement of marriage in HK.

[tywy_99]

In Hong Kong, minors under 16 cannot marry. Minors (16-21) need the written permission of their parents or legal guardians to marry.

 

The Hong Kong Marriage Ordinance (Chapter 181)

[21boy]

in second interview ,the vo said some of our answers are not match , he

said we are too young . ( me 21 ,wife 19 )

 

to pkfops :

my wife was born in the usa . she is asian .

 

now i need to wait for the letter from uscis . then i will get a lawyer.

Edited November 4, 2007 by 21boy (see edit history)

[tywy_99]

in second interview ,the vo said some of our answers are not match , he

said we are too young . ( me 21 ,wife 19 )

 

to pkfops :

my wife was born in the usa .

what's the letter all about, 21boy?.......

[21boy]

in second interview ,the vo said some of our answers are not match , he

said we are too young . ( me 21 ,wife 19 )

 

to pkfops :

my wife was born in the usa .

what's the letter all about, 21boy?.......

 

 

the letter will told me i pass or not . ( not receive yet )

the vo told me i can't pass it at the end of the interview.

[pkfops]

Is your wife from a Chinese family?

[tywy_99]

in second interview ,the vo said some of our answers are not match , he

said we are too young . ( me 21 ,wife 19 )

 

to pkfops :

my wife was born in the usa .

what's the letter all about, 21boy?.......

 

 

the letter will told me i pass or not . ( not receive yet )

the vo told me i can't pass it at the end of the interview.

As you know, the K1 runs out in 90 days. I'm not sure how much time you have but what time you do have, put it to good use.

As others have suggested, hire an attorney to help you. They can get delays and all that other legal jargon they can use to help you. If not, you'll go into visa overstay and that's not good. It triggers the 10 year ban if you're ever caught. Sorry for the mess you're in but an attorney might just be able to work it out.

Try to get an attorney!

 

-good luck

[warpedbored]

As long as you marry within 90 days and have filed AOS you are not out of status. Your biggest concern is removal proceedings. Get a lawyer ASAP