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How long does take to hear from USCIS after AOS interview

San Diego, CA |

We had an interview a few days ago and the interviewer separated us right off the bat, and didn't treat my husband nicely at all,I think he is new or something,didn't ask for IDs ,originals ,was hung up on my husband family that I didn't meet and they live overseas , for God's sake how to travel to visit them when the ticket itself costs $1400..anyhow he took all the documents i had and said i want to review it and let you what to expect ?How long does it take to get an answer? whats the process if they send us to the immigration court ?

Attorney Answers 3


It's hard to say how long it will take and they don't expect you to follow up within 6 months. I would wait a month or two and then check on status. If there is a denial you should definitely seek legal advice. An attorney could assist you with fling a Motion to Reopen or Reconsider. I hope it doesn't come to that of course!

This is not to be regarded as legal advice which can only be properly offered after a careful assessment of your case. Please consult with an experienced immigration attorney.

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Unfortunately in San Diego once it comes to this, USCIS takes it's sweet time: 3 months ? 6 months? Time will only tell. You can do an INFOPASS inquiry within a month, repeat it again and again in the months that ensue, but nothing will come out of it: "the case is still under review" you'll be told, time and time again.. Until one day, the agents, after having quietly but meticulously questioned your neighbors, searched your credit and purchase histories, snooped around your Facebook accounts and other social media accounts, will suddenly knock at your door and.. Ask to see how you live..
Soon after you might get a Notice of Intent to Deny, giving you 30 days to respond. You'll respond. They'll deny you anyway, and refer the case to immigration court. But once there , you'll get a second chance to present the bona fides of your marriage to a (very) smart judge. I hope it won't have to come to that..
The solution? By law USCIS has 90 days after an interview to render a decision. If they fail to do so, and after multiple (incessant, I should add..) inquires from you (by that time by your lawyer), ten you have a right to file a "Mandamus" ("we order" - not you, don't worry, but a Federal judge) Action, after which USCIS, under pressure from the US attorney's office will want to settle with your attorney and finally grant your green card.. Only resort to a Mandamus action IF yours is a REAL marriage.. Otherwise even don't bother, for the truth always ends up coming out in San Diego.. (USCIS has a very good Investigations team here..)
I hope this helps.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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We have absolutely a real marriage all the way,nothing to hide at all, share everything possible together,and friends and family members know we are the real deal,but just a bad experience i guess ..just wondering do they tape the interview ,could we or our lawyer in the future take a look at it ?

Giacomo Jacques Behar

Giacomo Jacques Behar


I am sorry for what you are going through.. Was the interview conducted in Front Street or at Chula Vista? I myself have to attend an I-130 (as opposed to I-495) interview today. I expect it to be nasty, since it is a court case, and the couple separated. They almost always video tape those and often have two officers present, not one. I come in with my laptop and take down every question and answer. A lawyer can try to obtain those typed questions and answers by filing a FOIA request for the copy of your file. Please do not forget to designate a "Helpful" and "Best Answer" to your question. Best wishes Giacomo


hire an immigration attorney to deal with it. You should done this to begin with.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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