Filed for AOS- Scared

[Lena95 14]

Hey guys!

My name is Lena, im from Germany and Me and my Wife (Same-Sex couple) got married spontaneously (!!) on September 15th in hidalgo county (RGV) Texas.

We filed for AOS on November 22nd and it arrived in Chicago the day after Thanksgiving. I know we took a while to file but it was because we were very unsure how to fill it out so we researched a lot!!

But right now its getting to the point where its getting closer for me to return Home on December 5th!

We didn't get an answer yet so I really am freaking out. Do I have to let the Airline know that I filed for AOS so im not leaving until I get an answer from them? Or can I just stay and basically miss my flight?

There is also another reason why im kind of freaking out because I entered the country on September 7th but we got married on Sept. 15th 'already'. Which wasn't planned at all though! She was off from Sept. 12th to the 18th. We went to the beach to have a nice time and I also missed being at the beach. I went into the Water to cool off cause im not used to the heat at all lol and once I came back, she got on her knees telling me in tears that she saw me right now and that she cannot imagine being without me again. She told me that all these times she had to drop me off on the Airport and tell me Goodbye were the hardest things she ever had to do in her live..she said it tore her heart apart. She told me that she loves me with every single piece of her body and that she is not able to handle the whole situation of dropping me off at the Airport to tell me goodbye and give me one last kiss again. She told me that she cannot see herself without me and sure enough she asked me if I want to marry her..without a ring but Hey! Of course I said yes!! Cause im feeling the exact same way.

Another thing is, that I got my international birth certificate issued on September 6th which is the day before I left. But I didnt get it because I wanted to get married or anything like that, I got it because my Mom asked me on the 5th if I really have all the documents I might need for just in case there's an emergency and she started naming them...the birth certificate was one of them. So the next day we went to the office to get it.

I dont know if the USCIS officers might take it as 'oh! Thats suspicious, she wanted to stay and had everything planned'.

But unfortunately thats not it! She recently got divorced on August 2nd 2016 from her husband after being separated for 1 year. Will that affect my AOS as well? :'(

I also dont have a Job over there in Germany because when I left in February 2016 to go back with her for 3 Months (she was over there in Germany with me for 3 Months and I went back with her so we spent 6 Months together) I had to quit my Job cause my boss was a real mean and selfish woman so she wouldn't allow me to leave and just come back and work for her.

So, its a lot of stuff that im worried about!

We sent the AOS package with everything they asked for which includes evidence to proof that our marriage is real, that we visited each other etc.

But I came across a thread from here which says that its not a good idea to file for aos if you entered with umm I believe its called ESTA visa? Or VWP?

Is it true that its not a good idea? I really am scared to get a notification that our AOS (including I-130) was denied before even having an Interview! Im not so worried about the interview cause we really got nothing to hide, im only extremely worried that they will look at the paperwork and deny it :'(

Am I just freaking out or am I really on a high risk of being denied?

I hope some experienced users can give me some answers.

Thank you very much in advance!!

[EM_Vandaveer 2,364]

You are freaking out unnecessarily.

[AlinaB 43]

Hey guys!

My name is Lena, im from Germany and Me and my Wife (Same-Sex couple) got married spontaneously (!!) on September 15th in hidalgo county (RGV) Texas.

We filed for AOS on November 22nd and it arrived in Chicago the day after Thanksgiving. I know we took a while to file but it was because we were very unsure how to fill it out so we researched a lot!!

But right now its getting to the point where its getting closer for me to return Home on December 5th!

We didn't get an answer yet so I really am freaking out. Do I have to let the Airline know that I filed for AOS so im not leaving until I get an answer from them? Or can I just stay and basically miss my flight?

There is also another reason why im kind of freaking out because I entered the country on September 7th but we got married on Sept. 15th 'already'. Which wasn't planned at all though! She was off from Sept. 12th to the 18th. We went to the beach to have a nice time and I also missed being at the beach. I went into the Water to cool off cause im not used to the heat at all lol and once I came back, she got on her knees telling me in tears that she saw me right now and that she cannot imagine being without me again. She told me that all these times she had to drop me off on the Airport and tell me Goodbye were the hardest things she ever had to do in her live..she said it tore her heart apart. She told me that she loves me with every single piece of her body and that she is not able to handle the whole situation of dropping me off at the Airport to tell me goodbye and give me one last kiss again. She told me that she cannot see herself without me and sure enough she asked me if I want to marry her..without a ring but Hey! Of course I said yes!! Cause im feeling the exact same way.

Another thing is, that I got my international birth certificate issued on September 6th which is the day before I left. But I didnt get it because I wanted to get married or anything like that, I got it because my Mom asked me on the 5th if I really have all the documents I might need for just in case there's an emergency and she started naming them...the birth certificate was one of them. So the next day we went to the office to get it.

I dont know if the USCIS officers might take it as 'oh! Thats suspicious, she wanted to stay and had everything planned'.

But unfortunately thats not it! She recently got divorced on August 2nd 2016 from her husband after being separated for 1 year. Will that affect my AOS as well? :'(

I also dont have a Job over there in Germany because when I left in February 2016 to go back with her for 3 Months (she was over there in Germany with me for 3 Months and I went back with her so we spent 6 Months together) I had to quit my Job cause my boss was a real mean and selfish woman so she wouldn't allow me to leave and just come back and work for her.

So, its a lot of stuff that im worried about!

We sent the AOS package with everything they asked for which includes evidence to proof that our marriage is real, that we visited each other etc.

But I came across a thread from here which says that its not a good idea to file for aos if you entered with umm I believe its called ESTA visa? Or VWP?

Is it true that its not a good idea? I really am scared to get a notification that our AOS (including I-130) was denied before even having an Interview! Im not so worried about the interview cause we really got nothing to hide, im only extremely worried that they will look at the paperwork and deny it :'(

Am I just freaking out or am I really on a high risk of being denied?

I hope some experienced users can give me some answers.

Thank you very much in advance!!

Wow - this is a lot and all in a jumble. I think it would help everyone out if you filled out your timeline and also gave us a clear list of dates, events, and visas.

It sounds like you came here on a 90 day VWP Sept 5th, married suddenly and without planning on Sept 15th, and filed for AOS on Nov 22 - are these dates correct?

1. What to do on Dec 5th when you are schedule to leave the country and fly home

2. Date of issuance for Birth certificate may cause concern

3. Entering on a VWP and getting married may cause concern

4. Wife just divorced in August 2016

You may have some red flags in here, but with a more organized list of questions I am sure the forum members who have experience with your situation can give specific advice.

One final note - I know of no boss who would allow their employee to go on a 3 month vacation and then return to work.

[f f 725]

first off breathe and relax.

as for the airline you can call and either cancel or postpone it till summer so you can visit family if you wish. missing the flight is ok too but there have been stories of airline saying someone was on a flight when they were not and it causing issues.

it is definitely possible to aos from vwp. as long as it was a spontaneous event. having usc propose helps with this.

just remember do not leave the us without advanced parole and do not work till you have work authorization. applying and having interviews is fine but nothing paid or unpaid.

good luck

[Russ&Caro 1,548]

as for the airline you can call and either cancel or postpone it till summer so you can visit family if you wish. missing the flight is ok too but there have been stories of airline saying someone was on a flight when they were not and it causing issues.

Another reason for calling the airline and canceling the flight is often they won't give any future credit for the empty seat that you left unless you called in a advance to cancel it.

[Lena95 14]

Yes, it is a lot indeed! Thats why im so scared and worried they will deny me without having an interview

But yes, I did enter on a 90 Day VWP entered on Sept. 5th, got married without planning on the 15th and filed for AOS on November 22nd, but it arrived in Chicago on the 25th.

I did my timeline, hopefully correctly:$ if not, just let me know if possible.

Yup my case isnt as easy as others might be. But im wondering if the "issues" are reasons for denial without having an Interview?

Or would they send an RFE in my case before they actually deny it?

Or actually, what are reasons for them to deny AOS without an interview including I-130 etc.?

I will definitely call Lufthansa and talk to them cause I definitely dont want them to say that I was on the plane..I definitely dont want any more issues.

[Lena95 14]

***edit***

I also just noticed that I accidentally put my 'X' on the I-130 when it was asking me if I was inspected by an officer at 'N o'. But I was inspected. I took it as if they wanted to know if they searched my luggage But I did attach my copies of my passport stamps though. Does that proof that I got inspected and I just did a mistake?? :/

[Cadence 20]

***edit***

I also just noticed that I accidentally put my 'X' on the I-130 when it was asking me if I was inspected by an officer at 'N o'. But I was inspected. I took it as if they wanted to know if they searched my luggage But I did attach my copies of my passport stamps though. Does that proof that I got inspected and I just did a mistake?? :/

I did the same thing as you. I sent in a copy of my I-797C and an explanation letter of the mistake. No idea if it was received or how it will be viewed by the officer, but I do have an interview coming up next week. If it's an issue I'm sure the officer will try to address it/clarify it somehow with me during the interview.

Edited December 5, 2016 by Cadence

[Lena95 14]

I did the same thing as you. I sent in a copy of my I-797C and an explanation letter of the mistake. No idea if it was received or how it will be viewed by the officer, but I do have an interview coming up next week. If it's an issue I'm sure the officer will try to address it/clarify it somehow with me during the interview.

Thank you very much for your answer!! So I have to wait for my 1st NOA in order for me to explain this, right? Cause right now we are still waiting for our 1st NOA and I think it will be very hard for them to figure it out if I would send it without an A-number. Did I get this right? : $

[Mounat 74]

Thats why im so scared and worried they will deny me without having an interview

That is not likely to happen unless you receive RFE(s) and do not respond in time. Or respond with incorrect or inadequate evidence.

At this point, there's no reason to panic as not much has happened yet. Be prepared to answer a lot of questions and build a portfolio of evidence showing cohabitation and commingling of finances.

Good luck.

[Cadence 20]

Thank you very much for your answer!! So I have to wait for my 1st NOA in order for me to explain this, right? Cause right now we are still waiting for our 1st NOA and I think it will be very hard for them to figure it out if I would send it without an A-number. Did I get this right? : $

If you were to send in a letter like me, yeah it's probably better to wait for the 1st NOA since you need a copy of it. I couldn't tell you what an officer examining AOS cases will think about our mistakes though. Like I said, I'll find out at my interview next week and update accordingly.

[Lena95 14]

That is not likely to happen unless you receive RFE(s) and do not respond in time. Or respond with incorrect or inadequate evidence.

At this point, there's no reason to panic as not much has happened yet. Be prepared to answer a lot of questions and build a portfolio of evidence showing cohabitation and commingling of finances.

Good luck.

Thanks for your words! That calms me a bit

And I will definitely do that! Thank you very much!!

If you were to send in a letter like me, yeah it's probably better to wait for the 1st NOA since you need a copy of it. I couldn't tell you what an officer examining AOS cases will think about our mistakes though. Like I said, I'll find out at my interview next week and update accordingly.

Okay I'll wait and then I will definitely send in a letter.

Did you attach copies of ur passports entry stamps? I dont think someone will get a stamp if they entered illegally without an inspection, or do they still get a stamp somehow? I also provided my I-94 Number so they can search my entries etc.

But anyways, good luck for you interview and please tell me how it went

Edited December 5, 2016 by Lena95

[Lena95 14]

Is it actually bad that we only put 1 copy of our marriage certificate and birth certificates in our aos package? Or is 1 of each enough? O.o cause I just noticed that the I-485 gets sent to another office in Harlingen while the rest of the Documents stay in Dallas? Will we get an RFE for that?

And is it necessary to attach a letter explaining our case? Cause we didn't do that :/ We only attached a cover letter listing the Forms we have in there.

[Avina 13]

Legally entered Visitors especially VWP get a stamp in the passport, and ofc fingerprints and pictures taken (and that creates your I-94 profile).

1 copy of each certificates should be enough, always keep it simple and organized. Because that affects the processing time of your documents, officers are also humans!

And its fine if you didn't explained them your whole story, they will obviously know because the way you filed.

However get the error corrected once you receive 1 NOA (either call USCIS or send letter).

As my lawyer told me, people who got married spontaneously on a VWP always get an interview (so you can explain the details there).

Keep calm, and don't exaggerate everything, That will relief lots of stress.

Should you have more issues in the future, I would recommend you getting consultation by a immigration lawyer.

Tip: Always stay truthful to authorities

[Lena95 14]

Legally entered Visitors especially VWP get a stamp in the passport, and ofc fingerprints and pictures taken (and that creates your I-94 profile).

1 copy of each certificates should be enough, always keep it simple and organized. Because that affects the processing time of your documents, officers are also humans!

And its fine if you didn't explained them your whole story, they will obviously know because the way you filed.

However get the error corrected once you receive 1 NOA (either call USCIS or send letter).

As my lawyer told me, people who got married spontaneously on a VWP always get an interview (so you can explain the details there).

Keep calm, and don't exaggerate everything, That will relief lots of stress.

Should you have more issues in the future, I would recommend you getting consultation by a immigration lawyer.

Tip: Always stay truthful to authorities

Thank you very much for your answer! I appreciate it!

They cashed our check on December 9th so hopefully we'll get the NOA1 on Monday or sometime this upcoming week and hopefully its good news as well.

I will definitely correct my mistake once I receive the NOA1. And I have to send it to the service center in Texas once they have it, right? Or do I still need to send it to Chicago after that?

Thanks a lot for your words! I'll definitely try my best to keep calm on this nerve wracking journey.

Ich wünsche dir viel Glück und Erfolg! (Goodluck on ur journey!) Sorry, but I had to since I saw the German flag there

Edited December 11, 2016 by Lena95