Immigration Site

I went for the USCIS interview early Sept.2010. My wife is a USC. We married last Feb after dating for almost two years. We were interviewed separately and video taped.

After the interview, I was told that my Green card was approved and to expect it in the mail in 2- 3 wks. Four days after the interview, two immigration officers came to my house and re-interviewed my wife. I was at work. Since then, there has been no further communication from USCIS. Its been almost three months.

At the interview, my wife missed a few questions.
1. My son from a previous marriage is 6. She said he was 7 yrs old.
2. I give my exwife $1000.00 a month in child support. She said I give her $200 a week.
3. I pay child support by paying my exwifes mortgage online. she said I pay her cash.
4. She missed her sons date of birth. 9/18/96. She said 9/18/2010. YES. Her own son.
5. Our marriage date is 2/11/10. She stated 2/10/10.

No criminal history. I have overstayed a student visa.

When immigration officers came to the house, they asked to look at our bedroom. she refused...stated that she was not comfortable having stragers in her bedroom.

1. What do I need to do?
2. I have a lawyer who keeps telling me to be patient... should I contact USCIS and ask
for an update?
3. Will they return?
4. No correspondence/communication since visit. (almost 3 months.). When will they communicate? Is there a time line?

IMO your case is doomed, I knew a guy that had the similar story, 2 kids and 6 years later he got divorced and decided to go back home, for those 6 years they kept on renewing his EAD and was able to get a AP everytime he applied for it.
Interview seems like a wreck but apart from the interview when she refused to show them the bedroom that pretty much sealed the deal.
Only thing you can do now is wait.
Lawyer cannot do anything at this time.
Contacting USCIS will not help either.
I have never heard them going back for the second time.
There is no timeline by law to approve these types of cases and they can take however long they want.
I just wanted to give you my honest opinion and am not trying to scare you, I believe if you are ready for the worse and something good happens its feels great, best of luck.

At the interview, my wife missed a few questions.
1. My son from a previous marriage is 6. She said he was 7 yrs old. Close enough. Its not her own son.

2. I give my exwife $1000.00 a month in child support. She said I give her $200 a week.
3. I pay child support by paying my exwifes mortgage online. she said I pay her cash. For these she should have said "I dont know".

4. She missed her sons date of birth. 9/18/96. She said 9/18/2010. YES. Her own son. She didnt correct herself to say "I meant 1996"? And they didnt allow her to correct herself? 9/18/2010 would have been a future date when they interrogated her, so they should know the 2010 answer was a slip of the tongue. Heck, Ive sometimes answered the current year for my own date of birth on some forms, then upon looking over the form before submitting it I realized the mistake.

5. Our marriage date is 2/11/10. She stated 2/10/10. Close enough.

Do the missed questions represent 50% of what she was asked, or more like 5%?

1. What do I need to do?
2. I have a lawyer who keeps telling me to be patient... should I contact USCIS and ask for an update?
3. Will they return?
4. No correspondence/communication since visit. (almost 3 months.). When will they communicate? Is there a time line? They probably will drag out your case for years. It is a situation where they dont have enough bad information to deny, but they are strongly suspicious so their strategy is to drag it forever and hope you get divorced or eventually do something else to make yourself deportable. Just wait it out, then prepare to file a WOM lawsuit in 2012.

How much did you prepare for the interview? Did you just walk into the interview without any practice or review of your life situation, thinking that because youre a genuine couple things will automatically be all right?

If memory serves me correctly, you are not the first F-1 over-stayer whose residence has been visited by USCIS. This forum has seen a case or two matching yours. It seems USCIS likes to visit married couples where the AOS applicant is an F-1 over-stayer.

I have overstayed a student visa.