First post - Starting the journey of AOS

[Kathryn41 3,205]

Thread moved from AOS from Family based visa to AOS from Work, Student & Tourist visa as beneficiary did not enter on a family based visa.

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Moderator's hat off now

As far as approval is concerned, what is the success rate for an AOS? We would have no trouble during an interview..we have been together since I was 15 (8 years) and I know her like I know my own self. How often are AOS declined?

You can't really look at it as a success rate for AOS because each case is dependent upon its own situation to satisfy the necessary criteria. What can be said is that if the AOS paperwork is filed correctly and the applicants are both eligible for the immigration benefit and meet the criteria and are able to satisfy USCIS that this is a valid relationship, the applications are approved.

So, what you need to do is make sure you are both eligible and be able to prove it - you as a US citizen who is able to prove you have sufficient income to support a 'family' of your size, she as a legally entered immigrant without a criminal record, medical disqualification or a disqualifying event or activity (eg immigration violation; misrepresentation, etc.), both of you being legally allowed to marry and have a valid relationship that is not entered into for the reason of gaining an immigration benefit. As long as you meet the preceding and fill out the forms correctly, signing where you need to sign and including the requested and necessary attachments, plus submit the correct fee to the correct processing center, respond in a timely way to appointments for biometrics, any RFEs (request for evidence) and attend the interview together as scheduled, you will probably be approved.

The major reasons for AOS to be denied is if there is evidence that the marriage was entered nto for fraudulent reasons and is not a real relationship (eg during deportation proceedings), either party is ineligible to apply for the benefit (immigrant entered without inspection, not divorced from a previous spouse, has criminal or medical disqualification, etc), unable to meet the minimum income requirement and have no co-sponsor willing to sign the Affidavit of Support, have an immigration violation (which may be eligible to be waived), failure to respond to an RFE or failure to respond in time; and failure to attend a scheduled interview.

There doesn't seem to be any reason for you two not to be approved based upon the information that you have shared, and that is the most likely probability. Good luck .

[Harpa Timsah 13,258]

You've been given good advice here. Just wanted to add, it's possible you will need to apply to replace the lost I-90 form, which costs a few hundred dollars. The stamp in passport may be sufficient. Hopefully it is Good luck.

[jjbandero 39]

Congrats on starting your journey, I'm sure more experienced members will chime in, but I was slightly confused by your statement that your wife has been in the US since she was four through a visitor/business visa in the 90's. Doesn't this mean she has overstayed her original visa? I thought there would be additional requirements if that was the case. Don't mean to be a Debbie Downer

[Harpa Timsah 13,258]

Congrats on starting your journey, I'm sure more experienced members will chime in, but I was slightly confused by your statement that your wife has been in the US since she was four through a visitor/business visa in the 90's. Doesn't this mean she has overstayed her original visa? I thought there would be additional requirements if that was the case. Don't mean to be a Debbie Downer

Overstay is irrelevant/forgiven for immediate relatives of US Citizens, which includes spouse.