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Whether i come back United state if get denial from USICS while i m in my home country ? Why they didnt took my I94 ?

Aiken, SC |

Hello everybody, I am new to this forum, so here is a short story about our interview.
We had our interview 3 months ago, on May 13th. It was at 2pm.
The interviewer asked us our names and where we live (the address). Then she asked the following questions:
when and how we met? (my wife)
previous marriage and divorce (me)
about our children (if we have together)
kids from previous marriage (me)
then she asked to show her the evidence of our marriage (joint: lease agreement, bank account, statements, pics etc.)
She took all that stuff and then She asked for some more proof and My wife having Indian travelling visa She took the copy of that because are planning to fly down to India after 10 days of interview & end she didn’t took I-94 from my passport and said the decision will be mailed

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Attorney answers 1


You were correct that the USCIS officer was supposed to retain the original Form I-94 in the file. But it could be a mere oversight. This gesture alone may not be an indication that the application could be denied upon a finding of marriage entered for the purpose of evading immigration law. That would depend whether the officer found your statement and evidence to be consistent with a bond fide marriage. Without those details, it is hard to predict which way it will go.

Sincerely yours,
Oliver Huiyue Qiu, Esq.
Tel: 646-820-7658
Fax: 646-537-2608
Mailing Address: P.O. Box 1271, Union, NJ 07083
Office Visit: 5 Penn Plaza, 23rd FL, Manhattan, between 33rd St and 8th Ave (By Appointment)

(646) 820-7658 Mr. Qiu is a co-chair of American Immigration Lawyer Association's New York chapter Federal Practice Committee. This response should not be deemed as the creation of attorney/client relationship. Legal advice should be sought with a competent immigration attorney.

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