AOS Interview-Not so Great

[Nik+Heather 121]

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.

For your information, lawyers represent innocent people too.

Just as an example, they can represent people who can produce 20 pounds of evidence, but don't bring it to the interview....

If your AOS is denied based on the (very bad) impression you gave at your interview, and perhaps a bar on your further entries to the US, an experienced, respectable immigration lawyer may certainly be the best thing you need.

*Maybe* things will be better for you now that you have found a resource like Visa Journey which spells everything out for you, but maybe you need someone to personally help you with your case to make sure you have everything that they are looking for.

I agree, your next step should be a "wait and see" what the response is. If it's a simple request for further information, you can try to do it yourself with the lists on Visa Journey for the different proofs recommended, but if it's a denial, my first step would be to find a great lawyer.

[panpan 0]

sorry to hear that you had a bad time during interview, but to be honest, you was not ready for the interview at all. Wish you the best in the second time!

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?

[Ed+Cindy 1]

To the OP:

If you are married to a USC for 10 years and lived outside the US, why did you immigrate to the US on a B1/B2 visa? Any check with the US consulate/embassy in the country you lived in would tell you that your USC spouse should file for an IR-1 visa for you to enter the US.

[Nik+Heather 121]

To the OP:

If you are married to a USC for 10 years and lived outside the US, why did you immigrate to the US on a B1/B2 visa? Any check with the US consulate/embassy in the country you lived in would tell you that your USC spouse should file for an IR-1 visa for you to enter the US.

I think it was said that they "changed their mind" on that during a visit.....Anyway, water under the bridge now.

[soniew910 0]

From what I read online, First, they will issue a Notice of Intent to Deny, which they will mail to you in 2-3 months. You will have the opportunity to submit new evidence to rebut or explain why the 130 should not be denied. Keep the case open. Don't let it get denied, or else ICE will come get you.

People have gone to more than 1 interview. So expect another interview or more interviews.

Edited July 14, 2009 by soniew910

[Usui Takumi 1,562]

I wouldn't sweat it. Like soniew mentioned you'll probably get a letter asking for the evidence you didn't bring. You might be asked to go to another interview but I doubt. They primary purpose of the interview is to determine the validity of your marriage. Like another poster mentioned, your children (including the fact that you are pregnant now) will validate this. If she was getting huffy before even knowing you lacked some of the evidence on the list then this would have ended badly even if you were well prepared.

[Usui Takumi 1,562]

I'll add you should have done this by way of DCF at the beginning and you should have educated yourself better. Yet I don't think anyone should point fingers because this stupid system could be made much simpler then it is.

[anav 0]

Yes, I have my work permit and advanced parole. I am currently working, in the same company as my husband, and I can travel. I definitely have all the documents necessary to prove, well, whatever there is to prove, I just didn't think they were necessary, as I thought only newly weds were given a hard time. Having been married for 10 years, with children, it is clear that we didn't marry for Visa acquirement purposes.

It is strange that she asked us no questions about our relationship, about us, about the reasons why we've waited so long, about what we've been doing and where we've been during the last 10 years. She asked no questions at all, just requested the paper evidence.

Does anybody know, if she were to deny it, why didn't she do so during the interview? She neither said approved nor denied. She stated she wouldn't give a second interview, not sure why not.

I denial would truly be ridiculous, as what am I to do? leave my American husband and 5 year old here and go back with my unborn child to my country of origin?

We can produce all the proof required, although I am unsure why she didn't mention about the possibility of a second chance to present this.

[R de la R 2]

Yes, I have my work permit and advanced parole. I am currently working, in the same company as my husband, and I can travel. I definitely have all the documents necessary to prove, well, whatever there is to prove, I just didn't think they were necessary, as I thought only newly weds were given a hard time. Having been married for 10 years, with children, it is clear that we didn't marry for Visa acquirement purposes.

It is strange that she asked us no questions about our relationship, about us, about the reasons why we've waited so long, about what we've been doing and where we've been during the last 10 years. She asked no questions at all, just requested the paper evidence.

Does anybody know, if she were to deny it, why didn't she do so during the interview? She neither said approved nor denied. She stated she wouldn't give a second interview, not sure why not.

I denial would truly be ridiculous, as what am I to do? leave my American husband and 5 year old here and go back with my unborn child to my country of origin?

We can produce all the proof required, although I am unsure why she didn't mention about the possibility of a second chance to present this.

work permit and advanced parole with a B1/B2 visa??? How did you get this??

as I thought only newly weds were given a hard time, incorrect it doesn't matter the amount of time you have been married, you are in the hot chair always for them.

She asked no questions at all, just requested the paper evidence. Yes, documentation is what really matter in this process.

Does anybody know, if she were to deny it, why didn't she do so during the interview? She has to confirm with the supervisor want she thinks as red flags before denying it.

All you can do is to start to get ready and to continue preparing yourself.

[P&R 1]

After reading all of the posts in this thread and reading up on a B1/B2 Visa, I don't think you should just "wait for a response". I would gather everything and I do mean everything to show proof and validate your relationship. Just because you have children, doesn't count or give you a safe card. Many families have been separated, so don't assume (like you did in the interview) that you will be fine on that reason alone.

Also and I'm sure someone else with more experience can advise more........I would double check to see if you are still able to work here. I would think if your B1/B2 was discontinued, then you are no longer allowed to work. With a pending AOS, we are only allowed to work with a valid EAD.

Also, I wouldn't be flying out of the country anytime soon either, at least until you know for sure what is happening.

I wish you luck and I hope while gathering up your evidence, you study up more on the entire immigration process.

[anav 0]

I'm relieved to inform you all that my approval notice arrived!!

I just got home and found the letters in the mail, one for me and one for my husband. When I opened the mailbox and saw those two lonely envelopes with the all by now too familiar USDHS header, I said to my husband, "oh great, only bad news can arrive so fast". I thought we had been both summoned separately by a court or something!!

But then I opened mine and it said at the very beginning, "WELCOME TO THE UNITED STATES OF AMERICA". I could not believe it. Then I opened my husband's , still skeptical, telling him, he was the one who was probably in trouble, and it just said briefly that the "above petition has been approved... etc"

Mine says, "it is with great pleasure that we welcome you to permanent resident status in the US" and states that the Permanent Resident Card will arrive in 3 weeks.

Thanks to all who remained positive! I knew this will get resolved as we had nothing to hide, however I dreaded the thought of this carrying on for longer months and having to deal with legal fees. That was my real concern.

To answer some of your questions, no, the appointment letter did not mention anything about bringing photographs or bills. The only thing it did mention that I failed to bring was our company's employment letter, but I gave her both our last 3 pay stubs (6 in total) and she added them to the file. I thought it was odd that it didn't mention anything about photos as I always hear that this is what everyone takes, but I thought that for some reason, given what we had already sent, they weren't necessary, and besides, she requested these at the end as if requesting a "back up" or something. Had I imagined this I would've packed up my truckload of pictures, as after having dated for 4 years, married for 10 (together for 14 years total) and being a photo junkie, I had our whole relationship documented in photos! from our dating days, to our wedding, honey moon, birth or our son to family trip to Disney last year. We even have a chronological compilation of Christmas photos in identical photo albums, titled by year! I think that alone would've done it.

Regarding my B1/B2, I've had it since I was an infant. Valid for 10 years with multiple entry, I've only had to renew it about 3 times in my life (I am 32). I never pursued "upgrading" to anything else via my husband, as we both loved living in my country. We've always been well off and it wasn't until now that he was offered a relocation package to the US "that he could not refuse" when we actually considered leaving our home in the island. When we arrived I initiated my paperwork and all was already filed and in progress when my 1-94 expired (6 months stay).

If you file for adjustment of status before it expires, I understand you should have no problem.

Once I submitted my Adjustment Packet (Petition for Alien relative, Adjustment of Status, Advanced Parole, EAD, etc) the permits started arriving. About 2-3 months later I received my Advanced Parole and EAD.

I understand that I'll be eligible for citizenship within 3 years from now, which I may consider just to leave all the constant paperwork behind.

Edited July 16, 2009 by anav

[NArocks 13]

Congrats on the approval after all that sweating

[Usui Takumi 1,562]

Thats really great!

[P&R 1]

Congratulations!! Happy everything worked out for you all.

[christera22 8]

CONGRATS ...............that was a great news. Enjoy .............. One question .....can u see your status of I-485 & I-130 online ??