Questions at AOS Interview

[brownskinned 5]

Its for my cousin. She's waiting for her AOS interview and was wondering what questions they would ask or how she's going to prepare for the interview.

She came her on k1 visa, married but got divorced without adjusting status, then remarried with another USC.

She had a deportation hearing that was dismissed bec the judge said it up to USCIS to approve her greencard 'coz her work authorization got approved.

Any ideas?

[Harpa Timsah 13,258]

A K-1 cannot adjust any way except through the K-1 petitioner.

[brownskinned 5]

A K-1 cannot adjust any way except through the K-1 petitioner.

Yeah thats what they all say, but she got her Employment Authorization, so we're kinda hoping she would get the greencard too. So we were wondering whats goin on during the interview.. how its gonna be or something or what are some basic questions, so we could prepare.

[VanessaTony 3,567]

Yeah thats what they all say, but she got her Employment Authorization, so we're kinda hoping she would get the greencard too. So we were wondering whats goin on during the interview.. how its gonna be or something or what are some basic questions, so we could prepare.

Here's the thing... she will probably be detained at the interview and deported for visa violation. She is not eligible to adjust status. I don't know how she completed her forms but it could just be they're trying to trap her, has happened before. If she lied on her forms and doesn't admit entering on a K1 then she's in trouble for that. If she admitted arriving on a K1, admitted divorcing her petitioner, then this is probably simply to bring her in and make deportation easier.

Either way her GC will NOT be approved. The only way is to leave and re-file a CR-1.

Here is someone in a similar position: http://www.pcurtislaw.com/immigration-law-forum/adjustment-status/aos-denied not really IDENTICAL but in this situation they weren't at least detained there and then.

[brownskinned 5]

Here's the thing... she will probably be detained at the interview and deported for visa violation. She is not eligible to adjust status. I don't know how she completed her forms but it could just be they're trying to trap her, has happened before. If she lied on her forms and doesn't admit entering on a K1 then she's in trouble for that. If she admitted arriving on a K1, admitted divorcing her petitioner, then this is probably simply to bring her in and make deportation easier.

Either way her GC will NOT be approved. The only way is to leave and re-file a CR-1.

Here is someone in a similar position: http://www.pcurtislaw.com/immigration-law-forum/adjustment-status/aos-denied not really IDENTICAL but in this situation they weren't at least detained there and then.

Oh I see. Thank you for sharing.

[brownskinned 5]

Here's the thing... she will probably be detained at the interview and deported for visa violation. She is not eligible to adjust status. I don't know how she completed her forms but it could just be they're trying to trap her, has happened before. If she lied on her forms and doesn't admit entering on a K1 then she's in trouble for that. If she admitted arriving on a K1, admitted divorcing her petitioner, then this is probably simply to bring her in and make deportation easier.

Either way her GC will NOT be approved. The only way is to leave and re-file a CR-1.

Here is someone in a similar position: http://www.pcurtislaw.com/immigration-law-forum/adjustment-status/aos-denied not really IDENTICAL but in this situation they weren't at least detained there and then.

Oh I see. Nah she didnt lie on her forms. She completed it with two lawyers. Thank you for sharing. Appreciate it. I just hope that won't happen tho, detaining and deporting her.

[VanessaTony 3,567]

Oh I see. Nah she didnt lie on her forms. She completed it with two lawyers. Thank you for sharing. Appreciate it. I just hope that won't happen tho, detaining and deporting her.

I'm sorry to read that lawyers told her to apply. It's completely pointless and they're just taking her for her money.

[brownskinned 5]

I'm sorry to read that lawyers told her to apply. It's completely pointless and they're just taking her for her money.

It really wasnt a waste because her removal proceedings got dismissed. They didnt question her at all or anything. It was all just the lawyers. Im wondering, if they want to deport her and not process for AOS, how come they didnt pick her up at court to detain or deport her?

[VanessaTony 3,567]

It really wasnt a waste because her removal proceedings got dismissed. They didnt question her at all or anything. It was all just the lawyers. Im wondering, if they want to deport her and not process for AOS, how come they didnt pick her up at court to detain or deport her?

Well that's the thing, she may as well have left. This is what I'm saying. The cancellation of removal proceedings did nothing for her except have her think she can continue to stay here.

I don't know for sure how USCIS thinks. It's odd to me that they're even processing this. It's odd to me that they cancelled the removal proceedings.. unless her lawyers organised voluntary departure and just didn't tell her she's supposed to leave. There is NO way for her to remain in the US legally. I'm hoping Jim will come along here... gunna PM him. Maybe he can wrap his head around it.

[CC90 90]

Here's the thing... she will probably be detained at the interview and deported for visa violation. She is not eligible to adjust status. I don't know how she completed her forms but it could just be they're trying to trap her, has happened before. If she lied on her forms and doesn't admit entering on a K1 then she's in trouble for that. If she admitted arriving on a K1, admitted divorcing her petitioner, then this is probably simply to bring her in and make deportation easier.

Either way her GC will NOT be approved. The only way is to leave and re-file a CR-1.

Here is someone in a similar position: http://www.pcurtislaw.com/immigration-law-forum/adjustment-status/aos-denied not really IDENTICAL but in this situation they weren't at least detained there and then.

The link you referenced is not a first preference case, i.e. not an IR. The rules are very, very different there and therefore hardly apply to this case.

There is no statutory bar preventing a K-1 from adjusting from another petitioner, but overcoming the presumption of fraud on the 1st marriage is a daunting task if the holder didn't leave.

[VanessaTony 3,567]

The link you referenced is not a first preference case, i.e. not an IR. The rules are very, very different there and therefore hardly apply to this case.

There is no statutory bar preventing a K-1 from adjusting from another petitioner, but overcoming the presumption of fraud on the 1st marriage is a daunting task if the holder didn't leave.

Actually there IS. The K1 has VERY specific rules. You can ONLY adjust status based on marriage to the original K1 petitioner. This is common knowledge.

Example: http://www.americanlaw.com/aos.html (you'll note the section I'm referring to is under "statutory bars").

Edited August 27, 2011 by Vanessa&Tony

[Kathryn41 3,205]

post removed at the OP's request

[JimVaPhuong 4,863]

INA section 245(d):

The Attorney General may not adjust, under subsection (a), the status of a nonimmigrant alien described in section 101(a)(15)(K) except to that of an alien lawfully admitted to the United States on a conditional basis under section 216

as a result of the marriage of the nonimmigrant

(or, in the case of a minor child, the parent)

to the citizen who filed the petition to accord that alien's nonimmigrant status under section 101(a)(15)(K)

.

This section makes reference to section 101(a)(15)(K), which says:

(K) subject to subsections (d) and (p) of section 214, an alien who--

(i) is the fiancee or fiance of a citizen of the United States (other than a citizen described in section 204(a)(1)(A)(viii)(I)) and who seeks to enter the United States solely to conclude a valid marriage with the petitioner within ninety days after admission;

(ii) has concluded a valid marriage with a citizen of the United States (other than a citizen described in section 204(a)(1)(A)(viii)(I)) who is the petitioner, is the beneficiary of a petition to accord a status under section 201(b)(2)(A)(i) that was filed under section 204 by the petitioner, and seeks to enter the United States to await the approval of such petition and the availability to the alien of an immigrant visa; or

(iii) is the minor child of an alien described in clause (i) or (ii) and is accompanying, or following to join, the alien;

So, section 101(a)(15)(K) describes K1's, K3's, and derivative children of these visas. Section 245(d) says those people can only adjust status based on marriage with the person who filed the petition that granted them the K visa.

Ok, the OP's friend did marry the petitioner, but she's not applying to adjust status based on that marriage. Section 245(d) seems pretty clear that the marriage to the K1 petitioner is the only basis USCIS could use to adjust her status. Since that marriage has ended there is no longer any marriage she can adjust status based on. The only way she could adjust status is if she somehow manages to get herself classified in a category where 101(a)(15)(K) no longer applied to her. And how would she do that? By leaving the US and entering with a different type of visa.

BTW, 101(a)(15)(K) is the reason they call them "K" visas.

Anyone with a pending AOS petition is eligible for an EAD and advance parole. They routinely approve these regardless of whether the green card will ultimately be approved or denied. The approved EAD is no indication whatever that the green card is likely to be approved. It's completely irrelevant.

[bigdog 376]

Its for my cousin. She's waiting for her AOS interview and was wondering what questions they would ask or how she's going to prepare for the interview.

She came her on k1 visa, married but got divorced without adjusting status, then remarried with another USC.

She had a deportation hearing that was dismissed bec the judge said it up to USCIS to approve her greencard 'coz her work authorization got approved.

Any ideas?

I guess that's what you paid attorneys for.

[TBoneTX 45,498]

This pertinent article appeared in the Houston Chronicle just today, sigh man:

http://www.chron.com/news/houston-texas/article/Despite-policy-Friendswood-teacher-deported-2143472.php