Failed AOS interview

[mlifetime 1]

We just failed our AOS interview last week.

I was in F1 status, but overstayed 2 years before we got married. The officer focused about why I overstayed. Because I overstayed, he tried very hard to confirm I married to be able stay in America. Because my wife doesn't know what's my father's job, and my major, (because she never asked,) that's why. This made the office very mad, at last he said he will treat our marriage a fraudulent marriage and will send out a pending denial letter with reasons and RFE of bona fides marriage , we already included our lease, joint TAX return, letters, rent receipts, car insurance, all with both names on. He also mentioned we can appeal to emigration board if our AOS been denied after RFE.

What should we do now? Will writing to congressman help for our situation?

Thanks for any advices!

[Danu 19]

We just failed our AOS interview last week.

I was in F1 status, but overstayed 2 years before we got married. The officer focused about why I overstayed. Because I overstayed, he tried very hard to confirm I married to be able stay in America. Because my wife doesn't know what's my father's job, and my major, (because she never asked,) that's why. This made the office very mad, at last he said he will treat our marriage a fraudulent marriage and will send out a pending denial letter with reasons and RFE of bona fides marriage , we already included our lease, joint TAX return, letters, rent receipts, car insurance, all with both names on. He also mentioned we can appeal to emigration board if our AOS been denied after RFE.

What should we do now? Will writing to congressman help for our situation?

Thanks for any advices!

I would actually recommend contacting an immigration lawyer at this point to help you get all the info you need to respond quickly and accurately to the RFE. Try to get more things like statements from people who have known you and your husband and can attest to your true love, that kind of thing. The lawyer should be able to tell you other stuff to get at this point. I am so sorry this happened, best of luck to you! I hope you can get it sorted out quickly!

[familyguy 2]

.....What should we do now? Will writing to congressman help for our situation?

Thanks for any advices!

Unless he is a licensed attorney it is a waste of time. F1 to AOS presents a number of problems that are not encountered by other AOS applicants. You need to retain the services of a competent attorney that has knowledge of this area.

For an overview of the difficulties you might find it worth your while to read this link

http://www.murthy.com/news/n_f1saos.html

Good luck on your journey

Edited April 12, 2010 by familyguy

[mlifetime 1]

We just failed our AOS interview last week.

I was in F1 status, but overstayed 2 years before we got married. The officer focused about why I overstayed. Because I overstayed, he tried very hard to confirm I married to be able stay in America. Because my wife doesn't know what's my father's job, and my major, (because she never asked,) that's why. This made the office very mad, at last he said he will treat our marriage a fraudulent marriage and will send out a pending denial letter with reasons and RFE of bona fides marriage , we already included our lease, joint TAX return, letters, rent receipts, car insurance, all with both names on. He also mentioned we can appeal to emigration board if our AOS been denied after RFE.

What should we do now? Will writing to congressman help for our situation?

Thanks for any advices!

Forgot to mention, the interview took 1 hour and 15 minutes, the officer asked each person 80-100 questions

[familyguy 2]

Forgot to mention, the interview took 1 hour and 15 minutes, the officer asked each person 80-100 questions

3 minutes 3 hours 3 days matters not. You NEED an attorney not advice from a forum.

Edited April 12, 2010 by familyguy

[sachinky 464]

You were subject to a Stokes interview and you failed it. It is extremely hard to pass it unless you ARE in a bonafide, close relationship and know pretty much anything and everything about each other and are able to answer maybe 145 questions out those 150 questions correctly. A couple newly dating will not be able to pass it. Honestly, your major and your father's profession are simple things that should be known.

Unless you respond to their demands for more bonafides, you will be placed into deportation proceedings.

F-1 to AOS is not always an easy route as many seem to think it is. Overstays are generally forgiven if you marry a USC and your AOS is approved. However, in this case, the CO seems to think that you got married to your USC husband SO that you could stay in the U.S. A two year overstay means a 10 year ban. Why people overstay and never think about the consequences of their actions is something that is beyond me. Any way.

Like it has been said before, get an immigration lawyer NOW.

Just my two cents.

[Minya's wife 24]

We just failed our AOS interview last week.

I was in F1 status, but overstayed 2 years before we got married. The officer focused about why I overstayed. Because I overstayed, he tried very hard to confirm I married to be able stay in America. Because my wife doesn't know what's my father's job, and my major, (because she never asked,) that's why. This made the office very mad, at last he said he will treat our marriage a fraudulent marriage and will send out a pending denial letter with reasons and RFE of bona fides marriage , we already included our lease, joint TAX return, letters, rent receipts, car insurance, all with both names on. He also mentioned we can appeal to emigration board if our AOS been denied after RFE.

What should we do now? Will writing to congressman help for our situation?

Thanks for any advices!

This is quite confusing. If the interview was a complete failure, then the denial letter would be all that would be forthcoming, not also an RFE for more bona-fides. Its one or the other, not both....are you sure you heard correctly? Have you received any communication from USCIS yet?

I think there must have been more irregularities in your answers, than just your wife not knowing your father's job and your major. It sounds like you had a Stokes interview and you were not sufficiently prepared. The fact is that most people in a bona-fide relationship would know something as simple as their father-in-law's profession and what their husband/wife studied in school.

In addition, the evidence you submitted does seem a little on the light side....did you have your licenses/ID's showing the same home address, photos, evidence of joint bank accounts, joint credit cards, joint health insurance? Depending on the length of time you've been married, these are all things that you should have been able to present as evidence of your real marriage. Affidavits from friends and family attesting to the veracity of your marriage is also evidence that can be included.

As others have pointed out, your two year F1 overstay holds a 10 year ban. If your AOS is denied, you will be placed in removal proceedings, and your 10 year ban means that you will not be eligible to receive any kind of US entry visa during that time, unless that ban is waived. Writing to your congressman is of no use here. You need competent legal advice and you need it yesterday. Consult with an immigration attorney and retain their services.

[UnIqUe 4]

WHAT YOU NEED NOW IS AN IMMIGRATION LAWYER. YOUR CASE CAN BE ONLY HANDLED BY A QUALIFIED LAWYER. AT SOME POINT YOU ARE SAYING ABOUT THE INTERVIEW HAVE SOME CONFUSING POINTS.

[Toyota 2]

I am so sorry about your situation/ Denial, but as it is right now, you really need a competent immigration lawyer. A lawyer who has a vast knowledge and experience in this area, because you guys have made it complicated for yourselves, your wife not knowing your father's job and your major plus the overstay issue will definitely make the IO suspicious ... a very careful approach is what you need to salvage the situation. And it will be advisable to act fast otherwise USCIS will start deportation proceedings. Whatever decision you make, I wish you all the best.

[SuperDuper! 230]

WHAT YOU NEED NOW NEEDED THEN IS AN IMMIGRATION LAWYER. YOUR CASE CAN BE ONLY HANDLED BY A QUALIFIED LAWYER. AT SOME POINT YOU ARE SAYING ABOUT THE INTERVIEW HAVE SOME CONFUSING POINTS.

FIXXORED.

[UnIqUe 4]

FIXXORED.

Yeah.... you corrected my grammer....lol

[Boiler 43,745]

I doubt if it had anything to do with being on F1.

Nor do you need to be in luv

Obviously the officer saw it as a marriage for the purpose of obtaining an immigration benefit, you may know why he thought that.

But you are well beyond DIY, get a lawyer.

[UnIqUe 4]

There is nothing except a LAWYER!

[Old Dominion 26]

Your situation has no short-cuts and it will cost money to try to fix it.

[Jupiter07 12]

Yeah.... you corrected my grammeAr....lol

LOL