Who gets interview waivers, maybe us??

[sparkles_ 456]

OK guys, interview waivers. Is it possible that we may get one for our aos? Here is something I came across and if anyone can clarify the very last portion that would be super.

(3) Waiver Guidelines .

All adjustment of status applicants under section 245 of the Act will continue to be interviewed, unless an individual determination has been made that an interview is not necessary, and the case falls within both USCIS -wide and local guidelines for interview-waiver cases. The determination as to whether an interview is required must be made on a case-by-case basis. A waiver of the interview requirement may be granted only if:

· the adjustment application is based upon a petition for an employment-based preference classification (I-140), accompanied by original or certified copies of supporting documents, and the principal alien will continue employment with the same individual or firm for whom he or she is lawfully employed as a nonimmigrant, or the adjustment application has been filed by a derivative spouse or child of such principal alien;

· the adjustment application is based upon an immigrant petition for an unmarried minor child of a U.S. citizen accompanied by original or certified copies of supporting documents;

· the adjustment application is based upon an immigrant petition for a parent of a U.S. citizen accompanied by original or certified copies of supporting documents;

· the applicant has been interviewed in the course of an investigation or field examination, and the adjudicating examiner determines that further interview of the applicant is unnecessary

^^^

That right there, about being interviewed in the course of an investigation. Little backstory, my husband and I had his removal terminated earlier this year based on a stand alone i130 and filed aos in March. We were married before the removal began but....

We were grilled via phone by an agent in Florida who was pretty rude and asked every aos type question I thought would come with a real interview, at the end we kindly told them we live in another state now, can we have an agent from our current state contact us. It took about a month but another ICE agent did indeed call and question us as well as showed up at our home one random morning, and told us to come to the office to get the removal notice in two days (we were all sick, he took pity). We were asked some stuff and read the riot act about fraud in the ICE office as well.

Does this possibly qualify as interviewed during investigation?

[Harpa Timsah 13,258]

No one completing a concurrent I-130/I-485 will get an interview waiver. If you already have ICE on your case, expect more than one grueling interview.

[Starkilla09 366]

OK guys, interview waivers. Is it possible that we may get one for our aos? Here is something I came across and if anyone can clarify the very last portion that would be super.

(3) Waiver Guidelines .

All adjustment of status applicants under section 245 of the Act will continue to be interviewed, unless an individual determination has been made that an interview is not necessary, and the case falls within both USCIS -wide and local guidelines for interview-waiver cases. The determination as to whether an interview is required must be made on a case-by-case basis. A waiver of the interview requirement may be granted only if:

· the adjustment application is based upon a petition for an employment-based preference classification (I-140), accompanied by original or certified copies of supporting documents, and the principal alien will continue employment with the same individual or firm for whom he or she is lawfully employed as a nonimmigrant, or the adjustment application has been filed by a derivative spouse or child of such principal alien;

· the adjustment application is based upon an immigrant petition for an unmarried minor child of a U.S. citizen accompanied by original or certified copies of supporting documents;

· the adjustment application is based upon an immigrant petition for a parent of a U.S. citizen accompanied by original or certified copies of supporting documents;

· the applicant has been interviewed in the course of an investigation or field examination, and the adjudicating examiner determines that further interview of the applicant is unnecessary

^^^

That right there, about being interviewed in the course of an investigation. Little backstory, my husband and I had his removal terminated earlier this year based on a stand alone i130 and filed aos in March. We were married before the removal began but....

We were grilled via phone by an agent in Florida who was pretty rude and asked every aos type question I thought would come with a real interview, at the end we kindly told them we live in another state now, can we have an agent from our current state contact us. It took about a month but another ICE agent did indeed call and question us as well as showed up at our home one random morning, and told us to come to the office to get the removal notice in two days (we were all sick, he took pity). We were asked some stuff and read the riot act about fraud in the ICE office as well.

Does this possibly qualify as interviewed during investigation?

You'll definitely be interviewed and you should be very prepared as well. K1 adjustment applicants are the ones who normally get a waiver through marriage. Adjustment of status cases during removal carry a significant high bar to meet because of the risk of fraud. Hence not only a more reason for an interview but an even intense one as well.

Edited September 10, 2016 by Starkilla09

[sparkles_ 456]

No one completing a concurrent I-130/I-485 will get an interview waiver. If you already have ICE on your case, expect more than one grueling interview.

ICE is not on our case anymore. That was about two years ago and long since terminated

Concurrent....the i130 was approved in 2015. We didn't file the 485 til march of this year....does this still count as concurrent? Sorry to sound dumb.

You'll definitely be interviewed and you should be very prepared as well. K1 adjustment applicants are the ones who normally get a waiver through marriage. Adjustment of status cases during removal carry a significant high bar to meet because of the risk of fraud. Hence not only a more reason for an interview but an even intense one as well.

We didn't adjust during removal, it was terminated without prejudice then we applied. The high risk comes if one married during removal which we did not. We skipped the i130 interview altogether actually and got approval while in removal based on evidence alone.

The ICE stuff happened in late 2014/early 2015...nothing since. It's not like they are observing us, I think I made t seem so!

Edited September 11, 2016 by sparkles_

[Harpa Timsah 13,258]

It still counts as concurrent.

[sparkles_ 456]

It still counts as concurrent.

Got you. Well that sucks, I was hoping but as is life.

[Hypnos 6,576]

Your prior ICE involvement virtually guarantees an interview regardless of anything else.

[Mounat 74]

No one completing a concurrent I-130/I-485 will get an interview waiver.

An interview maybe waived for a senior parent or minor child (under 14) of a USC.

[sparkles_ 456]

Well dreams have been squashed for tonight, lol.

I still appreciate the input. We aren't worried over the interview. At this point he would probably skip the conditional card and go right to the ten year unless he local office gets on the ball in the next few months

[KierenHby 897]

We were grilled via phone by an agent in Florida who was pretty rude and asked every aos type question

That's not being rude, that's following the rule. They're doing their job!

[sparkles_ 456]

That's not being rude, that's following the rule. They're doing their job!

Doing their job, and being rude are totally different. I based her rudeness (tone and replies, not questions themselves) off the decency of the special agent who showed up at my home, and him along with that entire ICE office treated us much better and didn't talk to us like the scum of the earth. Thanks for your two cent, though.

Edited September 11, 2016 by sparkles_

[Rc123rc 528]

Good luck, prepare well, expect another grueling interview. Everything from before is in your case file and will be reviewed and possibly re-questioned. It all depends on them. Pray you do not get a STOKES interview.

[sparkles_ 456]

Good luck, prepare well, expect another grueling interview. Everything from before is in your case file and will be reviewed and possibly re-questioned. It all depends on them. Pray you do not get a STOKES interview.

We actually have not been interviewed officially yet besides our dealing with ICE. Even got the i130 approved without one. We were NOT married during removal, we had been married and just drug our feet in filing AOS and this occurred.....apparently the rough ride and multiple interviews comes if you marry after removal started, at least from the i130 stance.

The rude agent didn't ask anything that was per say grueling, it was just her tone and rapid fire asking. It was all typical stuff except digging into why we opted to still marry after I had a miscarriage. I mentioned to her we pushed our wedding up so that people in our community would not suspect baby happened before marriage, which is a big deal to us.

Edited September 11, 2016 by sparkles_

[KierenHby 897]

Doing their job, and being rude are totally different. I based her rudeness (tone and replies, not questions themselves) off the decency of the special agent who showed up at my home, and him along with that entire ICE office treated us much better and didn't talk to us like the scum of the earth. Thanks for your two cent, though.

Not atypical to read a '..the officer was really nice..' after an approval, and conversely a '..the officer was very rude..' following a denial.

[sparkles_ 456]

Not atypical to read a '..the officer was really nice..' after an approval, and conversely a '..the officer was very rude..' following a denial.

We didn't get any i130 approval til 11 months later in late 2015. The two officers happened within 3wk of each other in early 2015, and both with a pending i130 only