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We Missed USCIS Home Visit. (We live together)

Cleveland, OH |

I arrived in the country in 07' on a student visa. graduated in 2011. Applied for work-based OPT after graduation , but it was denied due to late submission, & so i fell out of status. I've known my USC girlfriend since 09'. We tied the knot in 2012, after my OPT was denied. We applied for a green card & had our interview june 2013. The interviewing officer did not like the fact that we lived with a friend and paid no rent. He said he would do some follow-up. On oct 25th, 2013 i received a phone call on my way to work from a field agent. He said he was in the lobby of our apt building. I told him i was on my way to work, & asked if i needed to return, but he said no. He asked when last my wife & i were together & other questions abt her. What do we do now ? we are very worried. Pls advise!

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Attorney answers 7


If you do not have an attorney you should consult with and retain one; then discuss these issues with your attorney. The reason for this is that obviously USCIS has raised concerns about your case; your attorney can do a status inquiry and also follow up on your case with the agency. An attorney also may be able to help you also with providing further evidence relating to the bona fides of your marriage. Since concerns were raised during your interview, seek help from an excellent attorney with experience.

No attorney-client relationship is created or implied by this communication.


Hello. Based on what you've written you need not be too worried, if the marriage is legitimate it will show. I would give it about 30 days and if you do not hear back, you (or an attorney on your behalf) can inquire with USCIS.

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If the marriage is genuine, don't be worried. They field officer may speak to neighbors and others about your activities. You can hire an attorney if you don't hear back from USCIS after about a month or two. Keep getting evidence of your bona fide marriage. They may call you back for an interview if necessary.


I agree with the prior posts. You should hire an attorney and have that attorney do a case status inquiry and follow up on your behalf. You probably shouldn't worry too much - but you need to have a folder that contains your marriage certificate, proof of joint accounts, lease, etc. as elements of proof of the legitimacy of your marriage and home life together.


There is not much you can do except wait on a decision from CIS. if there are issues in the process or application you may consider having a consultation with an immigration attorney to be prepared in the event you receive an unfavorable decsion


Field visit from USCIS are efforts to ascertain the genuineness of your claim i.e. you are married. It appears your case file was lacking information for the officers to make a decision.

My answers are for general information only, NOT A legal advice because these are not tailored to your specific situation. Contact an Immigration Attorney if you need legal advice.


You have to wait. You were already interviewed, so they do have a right to conduct further investigation if warranted. . If there was an RFE or NOID, or if you expect one, you can continue gathering bona fide evidence in preparation for those.

JP Sarmiento
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