Case Result: Adjustment of Status Approved After Receiving a Request for Evidence

I assisted a newly married couple consisting of a U.S. Citizen and a Thailand national, in completing their I-485, Application to Register Permanent Residence or Adjust Status, and also assisted them in answering a Request for Evidence that had been issued by the U.S. Citizenship and Immigration Services (USCIS).

The couple were married and residing together in the U.S. They had initially filed and processed a Fiancé Visa (I-129F) on their own. They later went forward with the process of working on the adjustment of status application. During that process, they received a Request for Evidence from USCIS listing the following:

  • A completed and signed form I-864, Affidavit of Support, from the petitioning sponsor. All pages must be present and of the latest edition date.
  • Petitioning sponsor’s Social Security Number on Form I-864.
  • A complete and correctly calculated household size for the petitioning sponsor on Form I-864.
  • A copy of the petitioning sponsor’s Federal income tax return, including all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules) filed with the return, for the most recent tax year.

This is when the couple came to the office for assistance in responding to the request and continuing with the process to obtain the I-485. Along with the modifications needed for the evidence, an I-485 form was also needed for submission with proper completion and of the latest edition dates. These types of processes can be stressful and long. It is my duty and responsibility as an attorney to support and work closely with my clients. I work on a very hands-on level with all of those who seek help, and this case was no exception. We successfully responded to the Request for Evidence and continued with the process.

The clients were later scheduled to attend the adjustment of status interview, for which we also prepared for in advance. It is important to ask a list of questions in a practice interview-like setting, one that resembles a real USCIS interview.

In most cases, USCIS interrogates each partner separately, but during this interview, they were interviewed together. The officer who conducted this interview seemed respectful and kind, but near the end of the interview he made various comments that created some unnecessary pressure.

Some of the questions and comments made during the interview are as follows (this is only a select few, there were over 25 questions asked):

  • When did you meet? Where? How?
  • Was the “client” dating anyone else at the time that you met or started dating?
  • When did you ask “Petitioner” on the first date? Why did it take you “so long”? (This
    was officer sarcasm as a result of the notion that the Beneficiary had asked the Petitioner
    out on a date 3 weeks after initially meeting)
  • Do you own your apartment? Do you lease it?
  • Where have you traveled together?
  • Tell me about each other’s siblings?
  • Why did you move from State A to State B?
  • The officer also asked for specifics about the apartment building they lived in, and even
    asked how many other buildings total were in the complex

While the interview was nerve-racking and stressful for the clients, the officer approved the Beneficiary’s adjustment of status and he was finally able to obtain legal permanent resident status in the U.S.