Comment by jmyeet

It sounds like your wife came to the US on an F1 visa, you got married and are now filing or have filed for I130+I485 for her. I assume too that you were a US citizen. These facts may not be correct. IANAL but I absolutely think you should be forking over the money for an immigraiton lawyer and that was true before this memo came out.

I've seen so many people who call their cases "simple" or "straightforward" but 2 minutes of fairly superficial questioning reveals there are actually huge minefields or deep, fundamental flaaws in their case. It's way cheaper to have a lawyer from the start than it is to screw up her case and then get a lawyer involved once she's in removal proceedings, which is a very real possibility.

So here are some base questions to ask:

- How did you get your citizenship? If you were born here or got a green card through an employer or parent, that's fine. If you got it from being sponsored in a previous marriage, that's what USCIS calls a "pivot case" and you will have a high level of scrutiny;

- Did you know your wife prior to her coming to the US? If so, USCIS might take the position that this was a scheme for her to come to the US and adjust status rather than consular processing and the burden of proof that it wasn't is on you;

- It sounds like your wife is on OPT. If so, she completed her studies, which is good. USCIS hates cases where someone comes on an F1, doesn't complete their studies and get married. They can accuse such people of committing immigration fraud;

- How soon after her last entry to the US did you get married? Too quick (generally under 60-90 days) and USCIS may accuse her of misrepresentation, which is a huge problem;

- Did she make any visa applications and misrepresent her status to you?

- Did she make any misrepresentations to CBP about her relationship to you when entering the US?

- Did she ever violate the terms of her F1 visa? For example, working without authorization;

- Has she been married before? If so, were there an I130 filed for her previously?

- Has your wife ever been arrested, charged or convicted of any crime other than traffic ticket citations? This can be a far bigger problem than you realize even if it's something "trivial" where she gets probation;

- Did she apply for an F1 for one school, come to the US then change schools? If so, USCIS might take the position she did a misrepresentation.

Also, anecdotally, USCIS seems to be taking advantage at interviews of people who don't have a lawyer by threatening the citizen to withdraw the case or by getting the citizen or immigrant to agree not facts that aren't in evidence or aren't true and then using those facts to deny or delay the case.

Are you prepared for the interview where the officer may separate you and then compare your answers?

There's more to an immigration attorney than just filling out forms. A good attorney will prepare you for the interview and identify (and hopefully solve) any potential issues before they become issues. People generally make bad witnesses. I'm reminded of the "do you know what time it is?" scene from the west Wing [1].

I'd strongly advise a lawyer.

[1]: https://www.youtube.com/watch?v=VChTiGcWsCs