AOS Interview-Not so Great

[anav 0]

Hi,

My spouse and I filed for AOS last February. He is a US citizen and I am a foreign who arrived with a B1/B2 visa. Today we had our AOS interview and they asked us for documents that I don't recall seeing in the checklist within the appointment letter. I can't even check right now as they stayed with the letter. Stupid me of not photocopying it.

We have been married for 10 years and have lived overseas up until last October, when we decided to move to the US. We have one 5 year old son who lives with us.

The interviewer was not a very nice lady. First she checked my passport and annulled the B1/B2 visa and wrote adjustment of status in red ink.

After seeing our religious marriage certificate (legal document) she requested our "civil" marriage certificate, which does not exist, as in my country of origin, the civil ceremony is carried out together with the religious ceremony and the priest has the authority of a civil judge, therefore, only one ceremony is necessary. We explained this to her but she did not get it. After a bit of unnecessary arguing back and fourth she left the room with the certificate in hand, apparently to consult with someone else and came back convinced that what we were stating was accurate.

She then requested our son's birth certificate which we handed to her. She requested my husband's letter of employment which we did not have (I apparently overlooked it). This got her uncomfortable. She asked for proof that we were living together, and we handed her the lease of our home, which was under both our names. She asked for more proof, as joined bank statements and bills which we did not have, as I recently obtained my SSN and given to that it is yet inactive (the Social Security administration says I need to wait a month to have it activated) my husband hasn't even been able to file his tax returns, as the IRS still doesn't recognize my SSN as valid (yet). So we have no tax returns. Yet, for the the affidavit we got a sponsor, my husband's cousin, who was perfectly eligible, although she asked the name of the company where he worked and we could not remember the name (although she had it in front of her in the copy of his W2). She asked for photographs, which I did not bring, given that they were not on the list, and all our wedding pictures are in my homeland. We were under the impression that wedding pictures were required for couples that were recently married and not for those who have been married for over 10 years. We have recent pictures here (which I did not take with me), but I didn't believe this meant anything as anyone can have recent pictures taken and printed.

I handed her both our last 3 pay stubs with our addresses on it and she was already very frustrated, yelling at us stating that we did not come prepared, that we had a whole month to do so and what not. The letter did not mention anything about bringing bills or photographs.

I was handing her other mail with our names and addresses, as notices from the IRS and Social Security but she would not take them or look at them. She didn't even let us talk, she got up from her chair and practically kicked us out of the office, not before stating that she will review our case before responding. I asked her when we will know the outcome, she stated we will get a letter within the next 30 days.

What does this mean? Does this mean she will deny our application? If so, what should be my next step and how much would it cost?

Edited July 14, 2009 by anav

[nyrhythm 0]

don't get me wrong, but from what i read i feel suspiciuos about your marriage. You have been married for 10 years but you are appreaing before USCIS first time. You just go as you are newly married. Check list doesn't mentioned everythign, but you can read the other forum and you can prepare your what to bring.

I hope the best for you. In case somethign not goes in your favour, i whould advise to hire Lawyer. You don't want to take chance with them.

[AbbynSheryl 0]

they will probably send u the letter within 30 days, wait for the letter and then take it from there.

good luck

it does not sound good.

abby n sheryl

[Otto 83]

http://www.visajourney.com/forums/index.ph...p;#entry3115252

Double Posts.

[Anh map 2,098]

A great reference for you to use (prior to finding Visa Journey) is the I-130 form that your spouse submitted. In the instructions there is a list titled "What Documents Do You Need to Prove Family Relationship?" Below the letter "D" in this section is a list of additional documentation that can be used.

The onus is on the petitioner and beneficiary to prove their claim. Typically when dealing with the USCIS more is better.

Read through the Guides here (click the tab at the top of every page) and assemble as much of the suggested items as possible. Also read through the Adjustment of Status forums to learn from other VJ'ers.

Best of luck to you.

[anav 0]

Thanks for your good wishes.

I forgot to mention that we are expecting our second child ( 2 months pregnant). We never thought we would ever move to the US as we were doing fine where we lived over seas, in my country of origin. My husband had a change of heart last year and we moved. I've had B1/B2 visa all my life and we used to travel to US only for vacations.

In the previous post I was advised to get a lawyer. Why would we need a lawyer if we have nothing to hide nor have submitted false testimony? I can produce about 20 lbs of family pictures that go back in time the 14 years that we've been together and a lot more mail sent to us at the address where we live together.

What is usually the next step? Can they deny the application due to lack of evidence? Would they give us a chance to present the missing evidence before making a final decision? If denied, does anyone know what the next step is?

Edited July 14, 2009 by anav

[trillium13 84]

It sounds like you were totally unprepared for this interview. You did not even provide some of the most basic things that the letter asked for. More is always better. If they don't want to look at it, great, but it's better to have more than you need, than to have little in the way of what you need. I hope that people who read this post will learn from your experience.

[Kathryn41 3,205]

Duplicate posts merged and topic moved to AOS forum

[visacheck 3]

Im sorry this happened but i cant blame the IO because u were really unprepared. Most.. If not all of what the officer asked for were at the checklist. These things are also always being asked or discussed in forums.

Hopefully in 30 days what u receive is a letter requesting for more evidences/proof and not a denial letter. I suggest u have all evidences ready while waiting.

Good luck.

P.S

I didnt know IO's cancel B2 visas even before deciding on the application. My visa was cancelled after the IO stamped temporary I-551.

[furiousng 2]

Sorry it went that way but you did not help your case by being so unprepared. However,things can go several ways. They may send an RFE for supporting docs which I suggest you start gathering or they call you for a second interview which you should start preparing for. At least start gathering documentary evidence of your life the ten years of you have been married. Best of luck..

[sasaqlain 24]

I have a feeling that despite a very bitter experience, you'll do just fine. They will either ask you to come in for another interview or approve your case. I think your children will come to your safety on this one:). I am adjusting from B-2 as well. My wife being the USC. My I-130 was pending and silent for 7 months and the day I sent them our baby's sonoscan picture, they sent me an I-130 approval within the week. USCIS doesn't usually give a tough time to those couples having children, if there isn't any other major issue at play. I would love to see how my prediction turns out on your case. Please do let us know. My prayers are with you.

Edited July 14, 2009 by saspak

[shefellfromheaven 18]

Anav, im sorry to hear your interview went like that, it sreally heartbreaking.

I would advise you to wait for the letter , stay positive and take it from there. You will do fine and God knows the plans, He has for you and this, in His eyes, is a small challenge. Don't Give Up

Hi,

My spouse and I filed for AOS last February. He is a US citizen and I am a foreign who arrived with a B1/B2 visa. Today we had our AOS interview and they asked us for documents that I don't recall seeing in the checklist within the appointment letter. I can't even check right now as they stayed with the letter. Stupid me of not photocopying it.

We have been married for 10 years and have lived overseas up until last October, when we decided to move to the US. We have one 5 year old son who lives with us.

The interviewer was not a very nice lady. First she checked my passport and annulled the B1/B2 visa and wrote adjustment of status in red ink.

After seeing our religious marriage certificate (legal document) she requested our "civil" marriage certificate, which does not exist, as in my country of origin, the civil ceremony is carried out together with the religious ceremony and the priest has the authority of a civil judge, therefore, only one ceremony is necessary. We explained this to her but she did not get it. After a bit of unnecessary arguing back and fourth she left the room with the certificate in hand, apparently to consult with someone else and came back convinced that what we were stating was accurate.

She then requested our son's birth certificate which we handed to her. She requested my husband's letter of employment which we did not have (I apparently overlooked it). This got her uncomfortable. She asked for proof that we were living together, and we handed her the lease of our home, which was under both our names. She asked for more proof, as joined bank statements and bills which we did not have, as I recently obtained my SSN and given to that it is yet inactive (the Social Security administration says I need to wait a month to have it activated) my husband hasn't even been able to file his tax returns, as the IRS still doesn't recognize my SSN as valid (yet). So we have no tax returns. Yet, for the the affidavit we got a sponsor, my husband's cousin, who was perfectly eligible, although she asked the name of the company where he worked and we could not remember the name (although she had it in front of her in the copy of his W2). She asked for photographs, which I did not bring, given that they were not on the list, and all our wedding pictures are in my homeland. We were under the impression that wedding pictures were required for couples that were recently married and not for those who have been married for over 10 years. We have recent pictures here (which I did not take with me), but I didn't believe this meant anything as anyone can have recent pictures taken and printed.

I handed her both our last 3 pay stubs with our addresses on it and she was already very frustrated, yelling at us stating that we did not come prepared, that we had a whole month to do so and what not. The letter did not mention anything about bringing bills or photographs.

I was handing her other mail with our names and addresses, as notices from the IRS and Social Security but she would not take them or look at them. She didn't even let us talk, she got up from her chair and practically kicked us out of the office, not before stating that she will review our case before responding. I asked her when we will know the outcome, she stated we will get a letter within the next 30 days.

What does this mean? Does this mean she will deny our application? If so, what should be my next step and how much would it cost?

Edited July 14, 2009 by shefellfromheaven

[R de la R 2]

Hi,

My spouse and I filed for AOS last February. He is a US citizen and I am a foreign who arrived with a B1/B2 visa. Today we had our AOS interview and they asked us for documents that I don't recall seeing in the checklist within the appointment letter. I can't even check right now as they stayed with the letter. Stupid me of not photocopying it.

We have been married for 10 years and have lived overseas up until last October, when we decided to move to the US. We have one 5 year old son who lives with us.

The interviewer was not a very nice lady. First she checked my passport and annulled the B1/B2 visa and wrote adjustment of status in red ink.

Your visa annulled is a normal procedure for consular matters, same happened to me with my B1/B2 visa for printing the K1 visa. I am wondering why your husband didn't apply for a K3 or IR1 visa? the B1/B2 is not the correct visa for this moving, but anyway it is done, not way back on this.

After seeing our religious marriage certificate (legal document) she requested our "civil" marriage certificate, which does not exist, as in my country of origin, the civil ceremony is carried out together with the religious ceremony and the priest has the authority of a civil judge, therefore, only one ceremony is necessary. We explained this to her but she did not get it. After a bit of unnecessary arguing back and fourth she left the room with the certificate in hand, apparently to consult with someone else and came back convinced that what we were stating was accurate.

Yes, when they move back to other office is because there is other official with more experience and they go to check with them.

She then requested our son's birth certificate which we handed to her. She requested my husband's letter of employment which we did not have (I apparently overlooked it). This got her uncomfortable. She asked for proof that we were living together, and we handed her the lease of our home, which was under both our names. She asked for more proof, as joined bank statements and bills which we did not have, as I recently obtained my SSN and given to that it is yet inactive (the Social Security administration says I need to wait a month to have it activated) my husband hasn't even been able to file his tax returns, as the IRS still doesn't recognize my SSN as valid (yet). So we have no tax returns. Yet, for the the affidavit we got a sponsor, my husband's cousin, who was perfectly eligible, although she asked the name of the company where he worked and we could not remember the name (although she had it in front of her in the copy of his W2).

They do that for confirming that you are not lying or prepared fakes documents.

She asked for photographs, which I did not bring, given that they were not on the list, and all our wedding pictures are in my homeland. We were under the impression that wedding pictures were required for couples that were recently married and not for those who have been married for over 10 years. We have recent pictures here (which I did not take with me), but I didn't believe this meant anything as anyone can have recent pictures taken and printed.

When you take a bunch of pictures in differents situations, dates, moments of your life, in all of them you look different. Hair cut, weight, clothes, different nails in women and so and they can figure out if they are all taken together. Next time take them with you. Ask somebody here and have them mailed the mail system at La Feria is working better now. You can have those pictures there in 2 weeks.

I handed her both our last 3 pay stubs with our addresses on it and she was already very frustrated, yelling at us stating that we did not come prepared, that we had a whole month to do so and what not. The letter did not mention anything about bringing bills or photographs.

I was handing her other mail with our names and addresses, as notices from the IRS and Social Security but she would not take them or look at them. She didn't even let us talk, she got up from her chair and practically kicked us out of the office, not before stating that she will review our case before responding. I asked her when we will know the outcome, she stated we will get a letter within the next 30 days.

What does this mean? Does this mean she will deny our application? If so, what should be my next step and how much would it cost?

Not sure about the denial, if I were you I would wait the 30 days response, If I don't get response from them, call there at ask for an appointment with the supervisor and just be sure to take all the documents with you this time.

There is not additional steps if you get approved except for removing conditions in 2 years.

This you asked for work permit and parole advance? it is free with you filled out the forms with the AOS forms.

[Old Dominion 26]

The only way a lawyer would be helpful is to make sure you get everything together that is requested by USCIS in their letter telling you of the interview date. All evidences of any kind. Your husband can file the income tax return and request an ITIN for you (form W-7) since you have no SSN yet. He could prepare the forms tomorrow or over the weekend, sign & photocopy, and keep a copy to show the USCIS next time, if there is one.

A half-dozen photos would suffice, especially recent ones in different places.

The interviewer was just doing her job. Good luck.

[S.Fu + T.Fu 0]

Interesting how you mentioned that the interview notification didn't tell you what to bring however on my interview letter they gave specific examples of things to bring:

"YOU MUST BRING THE FOLLOWING ITEMS WITH YOU:

*** Supporting evidence of your relationship, such as copies of any documentation regarding joint assets or liabilities you and your spouse may have together. This may include: tax returns, bank statements, insurance documents (car,life,health), property documents (car, house, etc), rental agreements, utility bills, credit cards, contracts, leases, photos, correspondence and/or any other documents you feel may substantiate your relationship. "

You might have over looked that section on your interview notification sent. It was definitely on it. The IO was doing her job, you were unprepared and assumed.