The requirement to show proof of a bona fide marriage is not dependent on any one single factor, but instead requires a look at all your evidence. USCIS should consider all your evidence submitted and if you have an explanation about any particular piece of evidence that can be provided to the Service.
Your question raises a difficult issue and one which needs immediate consultation with an excellent immigration attorney. If you were granted Voluntary Departure and fail to leave there are severe and dire consequences. Get help immediately.
Your question will have to be answered in the context of a full consultation where a lot more information will need to be provided. Immigration is not just "form-filling" "get my papers" type of practice. It involves a lot of careful thought and attention. A question cannot be answered without sufficient information, inquiries, and even sometimes requests for information from agencies. Search Avvo; for an excellent immigration attorney in your area and who has a lot of experience. Best of luck
I agree with my colleague. Follow up. But remember it sometimes takes awhile several months depending on the number of issues including background checks, or issues in your case which may exist. As for mandamus it is too early for that, but contact an excellent attorney to help you follow up.
You need to make sure they have your correct address. If you already received your biometrics appointment to your current address then take that as good evidence that you have a good line of communication with the Asylum Unit - USCIS. If you have not rec'd either (a) the receipt notice or (b) the biometrics then that should tell you there is a real problem, and you will need either to hire an attorney, call the USCIS 1800 number and/or goto an Infopass appointment.
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This is a ground of inadmissibility and could possibly bar her ; however there is an argument based on a BIA case that may help you; Retain an excellent AILA immigration attorney. The case is Matter of T-, 6 I&N Dec. 474 (BIA 1955) see also Matter of R-, 2 I&N Dec. 50 (BIA 1944), Read both cases then Go to see an excellent attorney
You can read about the ICE power to arrest in the federal regulations, 8 CFR Sec. 287.5 Exercise of power by immigration officers. It is available online at
I like my colleague 'way over pay grade' comment- his point is well made. This is something which is practically very much like trying to operate on oneself- you will need excellent legal counsel to advise you and then help with the application if appropriate. Since you know already it is an I-601 or I-601A then you have already looked into it and perhaps already have an attorney. Many attorneys give free or low cost consultations so be sure you consult with someone and find the right person...