More details to this question:
Hey everyone, my wife and I had our adjustment of status interview in Sept 2024. She entered on a B-2 visa she’d held for 7 years with no violations. We got married 45 days after her arrival, but filed AOS about 6 months later using Boundless. During the interview, she misunderstood a question about her intent and said she planned to marry and stay. When asked what she told the officer at entry, she couldn’t remember. Later, when asked if she planned to stay over 6 months, she said yes. I told the officer we hadn’t planned to marry before she arrived and said the question felt like a trap. The officer said it might be misrepresentation and didn’t approve the case. It’s now been almost a year with no update
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
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For complex cases, there is no generally recognized timeline, but an applicant can usually make an inquiry on the case after interview when 120 days have passed. As it has been almost a year since the time of your wife’s interview, you can perhaps make the inquiry through e-request or the USCIS Contact Center telephonically at 1-800-375-5283 and explain your problem to the USCIS representative. Hopefully upon getting through, the representative will be helpful. You can also make an inquiry through your local congressman and senators’ offices as they have liaison with USCIS. The best result of course is approval. I note that there is a possibility that you may receive a RFE (request for evidence) or NOID (notice of intent to deny) to submit an I-601 application for waiver of grounds of excludability because of perceived misrepresentation. Hopefully you will not receive a denial. Best of luck! Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Aug 15th, 2025 at 11:40 AM