Jump to content
Sign in to follow this  
Mr&MrsR

AOS on VWP - Interview in June

34 posts in this topic

Recommended Posts

Hi, we are new in this forum...

We filed for AOS on VWP in February, with the advice and help of our attorney, BEFORE the end of the 90 days.

Our interview will be in a few days and we are getting nervous, cause we don't know what to expect and hope we have all the documents which might be needed.

The interview letter says to bring any supporting evidence of our relationship.

We have:

- our marriage license + certificate -> we only had a small ceremony. Mr.R's mom was the witness and only guest at the wedding. We don't like big ceremonies, but want to celebrate it with the family after the whole process is completed.

- a copy of the application for joining his bank account + the letter with her new debit card on his name + checks with our both names

- bills of our joint cell phone plan - unfortunately only under his name, as he is the account owner + a printout of the profile stating her as the account manager + many other papers stating that the second number is hers

- we could not get a shared health insurance plan, as we live in CA, but we got the same plan for her, both plans state the same address

- affidavit from mother + family, stating that we live in his mom's house and the other bills are on her name + describing the development our relationship, other family members signed that

- affidavits from friends stating that we have a true and loving relationship + how they know about it

- one huge photo album with pics from us + places we visited together last summer + pics from Christmas, Wedding, Easter, etc.

- beginning of a second photo album with recent pics

- stubs card and movie passes, printed list of the movies we watched together

- school papers from an adult school, stating Mrs.R's cell phone number and our address

- flight tickets from both of Mrs.R's visits (+ ticket from planned return to Germany in January)

- his cell phone bill from last year with his calls to Germany

- ATM receipts and bank statements of her German bank account with withdrawals at an ATM close to our house from last summer and recent, before we could share our bank account

- emails, chat log, skype log, fb, text msg examples from 2011 and 2012, with each other and with friends, too

- letters, post cards, and wedding cards from and to family and friends, on our both names to our address

Mrs.R also still has lots of binding ties to Germany.

Sounds like a lot and we hope everything will be fine...

:wacko:

What do you think about it?

Thank you


see "our story" on our profile :)

AOS:

02/25/2012: filed for AOS with attorney

03/06/2012: USCIS received petition

03/12/2012: VWP stamp ended

03/14/2012: receivement letter in mail, biometrics appt for 04/03

03/20/2012: RFE

03/30/2012: lawyer received RFE letter in mail

03/30/2012: lawyer replied to RFE

04/03/2012: biometrics

04/03/2012: online notice: request of evidence response review

.... waited for approval of RFE, but nothing changes ....

05/01/2012: online notice: interview date 06/01 (letter sent too)!!! but no EAD, AP, no RFE response!!

05/04/2012: interview notice received in mail

... desperately waited for EAD to apply SSN and finally share our bank account + get health insurance, what we tried to do right after the wedding, but could not

05/10/2012: EAD card + AP received in mail

05/11/2012: applied for SSN

05/11/2012: work permit approval notice in mail

05/17/2012: SSN in mail

Share this post


Link to post
Share on other sites

that's pretty good, you can also make any insurance policies as joint, like auto policy. for example, my wife has one car, and we decided to go to the dmv to make it co-ownership. it's very important for the IO to see trust on the finical accounts, assets or any thing has a real money value, this is a main part of bona fide marriage.

plus expect to be questioned regarding your VWP. they would suspect that you came her and you have intention to immigrate so be prepared to answer any question regarding that.

Finally I would advice not to mention that you are waiting for the process to complete to do a wedding sometimes this is will rise a red flag. the law says to grant the PRS through marriage there are 2 conditions should apply to the immigrant:

1- the marriage is a bona fide marriage

2- the marriage is not to gain any immigration benefit.

also I would recommend you to search through forum, there are a lot of people who posted there interviews experience , so you will have an idea about what you will expect.


AOS

day 1 -- 04/11/2012-- package sent to Chicago

day 2 -- 04/12/2012-- package was received.

day 43-- 05/23/2012-- Notice for an interview is received for 06/26 @ 2pm

day 63-- 06/12/2012-- Received a Text & email for an update- Card production EAD/AP

day 77-- 06/26/2012-- interview / approved on the spot.

day 86-- 07/05/2012-- Received my GC in the mail.

ROC

day 1 -- 04/07/2014 -- ROC Package delivered to VSC

day 16 -- 04/23/2014 -- Walk-in Bio.

day 197 -- 10/20/2014-- Approval Letter received dated 10/16/2014

day 202 -- 10/25/2014-- GC received

Share this post


Link to post
Share on other sites

that's pretty good, you can also make any insurance policies as joint, like auto policy. for example, my wife has one car, and we decided to go to the dmv to make it co-ownership. it's very important for the IO to see trust on the finical accounts, assets or any thing has a real money value, this is a main part of bona fide marriage.

Thanks for your reply.

Right now my husband shares the car insurace with his mother, cause it is cheaper, but it is under her name. We want to share it later under our both names. But we have to wait, as I don't have a CA driver's licence yet.

plus expect to be questioned regarding your VWP. they would suspect that you came her and you have intention to immigrate so be prepared to answer any question regarding that.

We can definitely proof, that there was no intention to immigrate, because I just moved to another flat in Germany, I studied at a university and just broke up my study this March. I actually had planned to end it this summer. I also had a new job next to my study for January, I still have 3 different insurances and 2 bank accounts in Germany and can proof that with recent letters I got to my address in Germany during the last months.

Also one German friend wrote an affidavit stating that my husband actually had planned to visit ME over the holidays.

So the intent question should not be a problem.

Finally I would advice not to mention that you are waiting for the process to complete to do a wedding sometimes this is will rise a red flag. the law says to grant the PRS through marriage there are 2 conditions should apply to the immigrant:

1- the marriage is a bona fide marriage

2- the marriage is not to gain any immigration benefit.

Actually we didn't want a big ceremony, cause we like it rather small. We had the idea to celebrate it with the whole family only later, cause his grandma and everyone would be happy about it. But we don't even know if we will do that.

We just would explain to the officer, that we aren't the type of person who likes big ceremonies, which is true.

also I would recommend you to search through forum, there are a lot of people who posted there interviews experience , so you will have an idea about what you will expect.

Thank you :)

Edited by Mr&MrsR

see "our story" on our profile :)

AOS:

02/25/2012: filed for AOS with attorney

03/06/2012: USCIS received petition

03/12/2012: VWP stamp ended

03/14/2012: receivement letter in mail, biometrics appt for 04/03

03/20/2012: RFE

03/30/2012: lawyer received RFE letter in mail

03/30/2012: lawyer replied to RFE

04/03/2012: biometrics

04/03/2012: online notice: request of evidence response review

.... waited for approval of RFE, but nothing changes ....

05/01/2012: online notice: interview date 06/01 (letter sent too)!!! but no EAD, AP, no RFE response!!

05/04/2012: interview notice received in mail

... desperately waited for EAD to apply SSN and finally share our bank account + get health insurance, what we tried to do right after the wedding, but could not

05/10/2012: EAD card + AP received in mail

05/11/2012: applied for SSN

05/11/2012: work permit approval notice in mail

05/17/2012: SSN in mail

Share this post


Link to post
Share on other sites

you welcome, and it seems you will have a smooth process. just prepare before the interview, and best of luck :thumbs:


AOS

day 1 -- 04/11/2012-- package sent to Chicago

day 2 -- 04/12/2012-- package was received.

day 43-- 05/23/2012-- Notice for an interview is received for 06/26 @ 2pm

day 63-- 06/12/2012-- Received a Text & email for an update- Card production EAD/AP

day 77-- 06/26/2012-- interview / approved on the spot.

day 86-- 07/05/2012-- Received my GC in the mail.

ROC

day 1 -- 04/07/2014 -- ROC Package delivered to VSC

day 16 -- 04/23/2014 -- Walk-in Bio.

day 197 -- 10/20/2014-- Approval Letter received dated 10/16/2014

day 202 -- 10/25/2014-- GC received

Share this post


Link to post
Share on other sites

you welcome, and it seems you will have a smooth process. just prepare before the interview, and best of luck :thumbs:

thanks again :)


see "our story" on our profile :)

AOS:

02/25/2012: filed for AOS with attorney

03/06/2012: USCIS received petition

03/12/2012: VWP stamp ended

03/14/2012: receivement letter in mail, biometrics appt for 04/03

03/20/2012: RFE

03/30/2012: lawyer received RFE letter in mail

03/30/2012: lawyer replied to RFE

04/03/2012: biometrics

04/03/2012: online notice: request of evidence response review

.... waited for approval of RFE, but nothing changes ....

05/01/2012: online notice: interview date 06/01 (letter sent too)!!! but no EAD, AP, no RFE response!!

05/04/2012: interview notice received in mail

... desperately waited for EAD to apply SSN and finally share our bank account + get health insurance, what we tried to do right after the wedding, but could not

05/10/2012: EAD card + AP received in mail

05/11/2012: applied for SSN

05/11/2012: work permit approval notice in mail

05/17/2012: SSN in mail

Share this post


Link to post
Share on other sites

Relax. Most people find their interviews perfunctory and pleasant, especially from low-fraud countries.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites

+1 to the above.

I think you have actually overdone it a little bit. The movie tickets and ATM receipts and list of movies watched together...that is all vey vague to be considered usable evidence - they aren't going to care about it and probably won't even want to look at it.

My advise is always to keep it simple. Give them what they specificall ask for and maybe a wee bit more - don't overdo it.

Don't stress too much over the process and do not worry about the VWP thing...people rarely even get asked anything about it and if it does get asked it is one or two simple questions and they move on as intent alone cannot be used to deny.


July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

Share this post


Link to post
Share on other sites

+1 to the above.

I think you have actually overdone it a little bit. The movie tickets and ATM receipts and list of movies watched together...that is all vey vague to be considered usable evidence - they aren't going to care about it and probably won't even want to look at it.

My advise is always to keep it simple. Give them what they specificall ask for and maybe a wee bit more - don't overdo it.

Don't stress too much over the process and do not worry about the VWP thing...people rarely even get asked anything about it and if it does get asked it is one or two simple questions and they move on as intent alone cannot be used to deny.

thanks for your reply

That's what we were thinking about, too.

So, when the officer asks for proofs, we planned to give him only the papers about the joint bank account, the shared cell phone plan, the two insurance plans, the affidavits, letters and cards from and to friends and family, and photo albums

and then we would ask if he wants to see the many email, skype log, etc examples, flights tickets and other stuff we have from between 2010 and now.

Cause we were also thinking that if we give him those emails, that he might ask much much more about anything he might be reading.

Would that be good?


see "our story" on our profile :)

AOS:

02/25/2012: filed for AOS with attorney

03/06/2012: USCIS received petition

03/12/2012: VWP stamp ended

03/14/2012: receivement letter in mail, biometrics appt for 04/03

03/20/2012: RFE

03/30/2012: lawyer received RFE letter in mail

03/30/2012: lawyer replied to RFE

04/03/2012: biometrics

04/03/2012: online notice: request of evidence response review

.... waited for approval of RFE, but nothing changes ....

05/01/2012: online notice: interview date 06/01 (letter sent too)!!! but no EAD, AP, no RFE response!!

05/04/2012: interview notice received in mail

... desperately waited for EAD to apply SSN and finally share our bank account + get health insurance, what we tried to do right after the wedding, but could not

05/10/2012: EAD card + AP received in mail

05/11/2012: applied for SSN

05/11/2012: work permit approval notice in mail

05/17/2012: SSN in mail

Share this post


Link to post
Share on other sites

plus expect to be questioned regarding your VWP. they would suspect that you came her and you have intention to immigrate so be prepared to answer any question regarding that.

I believe intent and overstay are forgiven for spouses of USC's.

The only thing they need to prove is the marriage is in good faith as far as I am aware :blush:


We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

Share this post


Link to post
Share on other sites

I believe intent and overstay are forgiven for spouses of USC's.

The only thing they need to prove is the marriage is in good faith as far as I am aware :blush:

No, intent is not forgiven for spouses of USCs. Overstay is.

If intent were forgiven, everyone would come over on VWP (or B-2 visitor visa) and then adjust status, and no one would bother getting an IR-1 visa.

Share this post


Link to post
Share on other sites

We can definitely proof, that there was no intention to immigrate, because I just moved to another flat in Germany, I studied at a university and just broke up my study this March. I actually had planned to end it this summer. I also had a new job next to my study for January, I still have 3 different insurances and 2 bank accounts in Germany and can proof that with recent letters I got to my address in Germany during the last months.

Also one German friend wrote an affidavit stating that my husband actually had planned to visit ME over the holidays.

So the intent question should not be a problem.

You didn't explain how you changed your mind. The changing flats, university study, new job, insurance, bank accounts, etc. are relevant and would certainly have gotten you in on the VWP before the marriage, but the circumstances are different now since you decided to stay. You will need to explain how that happened and why you were willing to give up all of that in Germany.

I doubt the affidavit will be relevant. Your explanation is the crucial thing here and I wouldn't be surprised if you're asked about it during an interview.

Share this post


Link to post
Share on other sites

No, intent is not forgiven for spouses of USCs. Overstay is.

If intent were forgiven, everyone would come over on VWP (or B-2 visitor visa) and then adjust status, and no one would bother getting an IR-1 visa.

This is wrong and has been discussed and proven many times. Intent alone cannot be used for denial with AOS for the spouse of a US citizen and as such is a non-issue once someone decides to file.

:bonk:

Edited by jdh

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

Share this post


Link to post
Share on other sites

You didn't explain how you changed your mind.... Your explanation is the crucial thing here and I wouldn't be surprised if you're asked about it during an interview.

You would be surprised then. It is rarely even brought up at an interview at all.


July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

Share this post


Link to post
Share on other sites

There is a difference between "forgiven" and "not enough reason by itself to deny." It is not forgiven. It is a negative factor, which cannot, by itself, be used to deny. However, in combination with other factors, it can be used as a reason to deny. That is not the case with overstay. Overstay cannot be considered as a reason to deny for an immediate relative of a USC. Intent can.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites

There is a difference between "forgiven" and "not enough reason by itself to deny." It is not forgiven. It is a negative factor, which cannot, by itself, be used to deny. However, in combination with other factors, it can be used as a reason to deny. That is not the case with overstay. Overstay cannot be considered as a reason to deny for an immediate relative of a USC. Intent can.

Intent is a negative that when weighed with strong family ties becomes insignificant - it takes much more. I think we are on the same page with that. I believe the other poster is under the impression that it is a strong enough negative to justify a denial.


July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×