AOS on VWP - Interview in June

[Mr&MrsR 0]

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...

What do you think about it?

Thank you

[DC85 113]

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.

[Mr&MrsR 0]

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 May 28, 2012 by Mr&MrsR

[DC85 113]

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

[Mr&MrsR 0]

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

thanks again

[Harpa Timsah 13,258]

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

[jdh 103]

+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.

[Mr&MrsR 0]

+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?

[Xanax 349]

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

[grrrrreat 109]

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

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.

[grrrrreat 109]

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.

[jdh 103]

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.

Edited May 29, 2012 by jdh

[jdh 103]

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.

[Harpa Timsah 13,258]

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.

[jdh 103]

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.