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Ask Judith Ludwic Your Own Question
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28827
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hijudith Judith Am worried I went green card interview

Customer Question

Hijudith Hi Judith Am worried I went for my green card interview and i was sent a letter of intent to deny
JA: Thanks. Can you give me any more details about your issue?
Customer: On the interview mysef and my husband made alot of mistakes He is the US citizen
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Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.
Thank you for requesting me.We can certainly work together to create your plan for responding to the NOID by question and answer, but you may find a telephone call more helpful because we can get into more minute detail.First, What is the reason for the NOID? Second, what "mistakes" did you make?Third, do you have substantial evidence of a good faith marriage? What is your evidence as compared to this list?Wedding pictures and pictures of other moments when you and your spouse, and other members of your families and friends have been together..pdf Very detailed letters from people who know you and your spouse and who are witnesses that your marriage was valid, who were at your wedding, or who knew you as a married couple.Love letters or cards that you received from your spouse while in the relationship.Letters from people addressed to both you and your spouse, or in which the person who wrote the letter refers to both of you as a couple.Any types of documents that have both your names on them that show that you bought a car, a house, furniture, or anything else together.Any rental or lease agreements for your home or apartment with both of your names on it or a letter from the building manager or owner proving that you lived together.Bank or financial statements that show that you had or have a savings or checking account together.Any insurance documents that show that you were or still are covered by your spouse's insurance plan, or that your plan covers or covered him or her.Bills, such as electricity, water, heat, cable TV, phone, or others that show both you and your spouse's names.Jointly-filed Income tax papers (both your names).An identification card that shows that you use your spouse's last name.Membership cards for video clubs, grocery stores or similar businesses, that show joint membership. Usually these cases can turn out favorably if responded to with great detail. Judith
Expert:  Judith Ludwic replied 1 year ago.
May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers.I feel I have failed you. Please tell me what additional information would be helpful.Judith
Customer: replied 1 year ago.
My husband already sent in a withdrawal letter. He is no longer interested in the marriage. Am scared about their decision. if he wont be based on fraud since the interview did not go well. I wonder why he dicided to go for the interview with me knowing he wants out of the marriage. Am scared.
Expert:  Judith Ludwic replied 1 year ago.
Oh dear, I am so sorry this has happened to you.Was the NOID for your 2 year card?Has he ever been physically abusive towards you?JudithJudith
Customer: replied 1 year ago.
Yes it's for my two years card. No just usual fights. He complains about our cultural differences a d personalities. All cos I always talk him out of certain life styles. Do you think it will have effect on their decision.
Expert:  Judith Ludwic replied 1 year ago.
Unfortunately, you are now in a very bad way.Your adjustment of status will be denied.What status did you enter with?Has it expired?Judith
Customer: replied 1 year ago.
Will it be denied based on the interview we already had and evidence already submitted? Because the notice of intent to deny states a couple of discrepancies. I c a me with a B1 tourist visa. I have overstated my time but the the 2 years visa is not expired
Expert:  Judith Ludwic replied 1 year ago.
The visa does not control your lawful status in the US. It is only what allows entry into the US. Technically it is void if and when your adjustment of status is denied.Basically it does not matter what discrepancies are in the NOID now since your husband has withdrawn the petition.Case over. Your adjustment cannot be approved if he has withdrawn the petition. The foundation to your adjustment has been yanked out from under you and the only way you could adjust status would be as an abused wife if he had physically abused you and there were police reports of this and medical records.You will however want to point out the discrepancies and respond to the NOID so that USCIS does not make a finding that you entered into the marriage for fraudulent reasons, merely to obtain an immigration benefit. If they find fraud then you will never be eligible for a visa to come back to the US again and even if you fall in love with another US citizen they may not file a petition on your behalf.So the best you can do for yourself is to respond, put your side of things on paper so that your immigration records shows you entered into this marriage in good faith.Give as much evidence as possible from my list above to show it was your good faith and he had poor intentions, not you.USCIS generally does refer a denied marriage adjustment to ICE - Immigration and Customs Enforcement who issue you a NTA = Notice to Appear before an immigration judge and you are scheduled for a removal hearing since you have no status.You can ask the judge for voluntary departure which would avoid the 10 year bar for overstay.An attorney is strongly recommended in court proceedings to try to work this deal for you.Please be aware that experts are not paid for their time unless you give us a positive rating. I have been generous with my time. I understand you want me to be able to resolve your problem for you but there is no resolution to you being able to adjust status because he withdrew the petition.Judith

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