1. Why were your previous I-485s denied?
• “The marriage- based case was denied in (May 12th) 2017 because after the interview, the testimony, and submitted documents, USCIS believed that we couldn’t provide sufficient evidence enough to support our case, so the underlying I-130 petition got denied. My I-485 application was then subsequently denied because of that. The second family-based application in 2021 got denied because I was no longer eligible for that category of an unmarried child and under 21 years old category that I applied for, after my marriage.”
2. Was there fraud or misrepresentation?
- The decision notice I received mentioned an issue where an inaccurate information was provided during the testimony.
- But it’s my understanding that our applications ultimately got denied because USCIS believed that we couldn’t provide sufficient evidence enough to establish our marriage. Not because of fraud-finding.
- I brought the actual document with me.
3. What exactly happened with the marriage case?
• Back in January 1st 2015, I got married with my ex-wife in Philadelphia, Pennsylvania. Then we filed I-130 application for me. We did the interview in 2016, and after the interview, the testimony, and submitted documents, USCIS believed that we couldn’t provide sufficient evidence enough to support our case, so the underlying I-130 petition got denied. My I-485 application was then subsequently denied because of that. We ultimately divorced in June, 25th, 2018.
4. Why were you denied in 2021?
• My mom filed an application for me as unmarried child and less than 21 years old. Unfortunately, I was no longer eligible for that category anymore because of my previous marriage, so the I-485 got denied in 2021.
5. Why is the old case different from your current case?
- They’re based on completely different immigration categories. The previous cases were family-based. My current case is employment-based through an approved EB-3 petition sponsored by Safeway. I’m currently working for the sponsoring employer, and the job offer is still available.”
6. Why should USCIS approve this I-485?
• “My previous adjustment applications were based on different family-based categories and were denied because I was no longer eligible under those specific bases. My current application is different and based on my approved EB-3 employment petition. I currently work for the sponsoring employer in the offered position”
7. Is your EB-3 job still available?
Yes. It's still available
8. Are you actually working for Safeway?
Yes. I've worked there since October, 2022
9. Has anything about your position changed?
No. My employer, position, location, and my duties stay the same.
10. Tell me about your 2022 departure and H-1B transition.
- I left the United States in June 2022 after I was selected for H-1B. I went to Vietnam for my H-1B consular processing and interview. I was admitted back into the United States in September 2022 in H-1B status and started working for Safeway on October 3, 2022.
11. What about the gap in your employment/education gap
- During that period I was a student at Camden County College through May 2022. After that I was preparing for my departure and H-1B consular processing. I wasn’t working during that period. I left the U.S. in June and returned in September in H-1B status.
12. What is your current immigration status.
- I’m currently in H-1B status. I have a pending employment-based adjustment application under EB-3 Professional.”
This is the answer I want you to use—not “my current status is EB-3.” EB-3 is your immigrant classification/category, not your present nonimmigrant status.
13. What about the pending I-130?
- My mother filed an I-130 for me as the primary beneficiary in the adult unmarried-son category. It is still pending. My current I-485, however, is not based on that petition. My current application is based on my approved EB-3 employment petition through Safeway.”
If they ask the priority date: “December 28, 2022.”
14. Any inconsistencies between your current application and historical records.
- There are historical issues that USCIS identified in my previous family-based case, and I’m aware of them. My current application reflects my current circumstances, including my employment with Safeway, my current address, my H-1B status, and my employment-based petition. If there’s a particular discrepancy you’re asking about, I will try my best to explain it.
15. The dreaded “Have you ever…” questions on the I-485.
- Answer them literally and truthfully.
For example: “Have you ever been married?” → “Yes, once.”
“Have you ever filed an immigration application?” → “Yes.”
“Have you ever worked without authorization?” → “No.”
“Have you ever been arrested?” → “No.”
“Have you ever violated your status?” → “No.”
“Have you ever been a member of an organization?” → “Yes. APhA and HPSO.”
Don’t volunteer a five-minute explanation unless the officer asks.
“How did you meet?” – HIGH PROBABILITY TO BE ASKED AGAIN
• “I do remember that we met at a restaurant in Philadelphia, but I don’t remember the name of it”
“Where did you live together?” - HIGH PROBABILITY TO BE ASKED AGAIN
• “We lived together at the houses at Hunting Park Ave and Rorer st. that we gave USCIS at that time”
“What happened at the USCIS interview?” - HIGH PROBABILITY TO BE ASKED AGAIN
• “We were interviewed separately. We got asked about our marriage and asked to draw a diagram about house arrangements.”
“What inconsistencies did USCIS identify?” - HIGH PROBABILITY TO BE ASKED AGAIN
• “The decision notice mentioned details like where and how we met, living arrangements, employments and school. I don’t remember all the exact details but I brought it with me”
“When did you start dating?” – Low-moderate
• “I don’t remember the exact date. We got to know each other and eventually started dating”
“What evidence you submitted to USCIS to prove your marriage?” - low
• “Federal tax return, life insurance, vehicle registration, joint bank account, photographs, affidavits from family/friends”
“Why did you divorce” – Low- moderate
• We were young, and over time, we realized we had different expectations of home life and parenting. We ultimately decided to part away.
Was there fraud?
- The decision notice I received mentioned an issue where an inaccurate information was provided during the testimony.
- But it’s my understanding that our applications ultimately got denied because USCIS believed that we couldn’t provide sufficient evidence enough to establish our marriage. Not because of fraud-finding.
- I brought the actual document with me.