245i Interviews?

[Visitor User 235]

Hello. Has anyone been to an interview AOS that was based on 245i grandfathered? If yes, what documents did the IO ask for and what questions did they ask at the interview?

[Alabamak1 688]

15 minutes ago, Visitor User said:

Hello. Has anyone been to an interview AOS that was based on 245i grandfathered? If yes, what documents did the IO ask for and what questions did they ask at the interview?

i have.  you need to have proof that you where in the US on December 21, 2000 and never left the US since then. In my case I adjusted through a family member (sister). They ask the regular question, are you a terrorist and so on. It's been years, since i did this. PM if you need more info. 

Edited December 29, 2018 by Alabamak1

[Visitor User 235]

Just now, Alabamak1 said:

i have.  you need to have proof that you where in the US on December 15, 2000 and never left the US since then. In my case I adjusted through a family member (sister). They ask the regular question, are you a terrorist and so on. It's been years, since i did this. PM if you need more info. 

You mean 12/21/01? I did provide those with extra evidence. I guess providing too much evidence doesn’t hurt right? 

 

I did receive 1 RFIE for my Birth Certificate with English translation. I responded within time and USCIS accepted it. I also was approved for initial EAD for 1 year and a new social security card with same #.

 

How do you prove never left USA? I have my I-94 as well stamp on entry in my mother’s passport.

 

My petitioner is my USC Mother. I-130 approved. Does my mother need to be present at the interview? I know my lawyer will be there. 

 

 

 

 

[Alabamak1 688]

Just now, Visitor User said:

You mean 12/21/01? I did provide those with extra evidence. I guess providing too much evidence doesn’t hurt right? 

 

I did receive 1 RFIE for my Birth Certificate with English translation. I responded within time and USCIS accepted it. I also was approved for initial EAD for 1 year and a new social security card with same #.

 

How do you prove never left USA? I have my I-94 as well stamp on entry in my mother’s passport.

 

My petitioner is my USC Mother. I-130 approved. Does my mother need to be present at the interview? I know my lawyer will be there. 

 

 

 

 

i corrected the date, sorry. I hope you had filed your taxes for all those years, that proves that you where physically here. Other ways are also possible. your mom, does not need to be at the interview. Since it is a family petition...you will get 10 year green card next.  

• Were physically present in the United States on December 21, 2000, if you are the principal beneficiary and the petition was filed between January 15, 1998, and April 30, 2001

[Visitor User 235]

52 minutes ago, Alabamak1 said:

i corrected the date, sorry. I hope you had filed your taxes for all those years, that proves that you where physically here. Other ways are also possible. your mom, does not need to be at the interview. Since it is a family petition...you will get 10 year green card next.  

• Were physically present in the United States on December 21, 2000, if you are the principal beneficiary and the petition was filed between January 15, 1998, and April 30, 2001

What if the beneficiary was not authorized to work all those years? My lawyer suggested a co-sponsor (I-864) which happened to be my USC brother who also filed I-130 for me and that application is still pending.

[Alabamak1 688]

2 minutes ago, Visitor User said:

What if the beneficiary was not authorized to work all those years? My lawyer suggested a co-sponsor (I-864) which happened to be my USC brother who also filed I-130 for me and that application is still pending.

the fact that you where not authorized is forgiven at the point of the interview. i don't recommend on hidding that fact, since it is highly unlikely to support oneself for so many years w/o any income. The officer just reviewed my paperwork, asked a few standard questions and I left with approved petition. Your lawyer must have some way figured how to proof that you are here, but usually the I-94 is enough. I will look into my application. i got it dusting somewhere and can get back to you on what exactly we did back then

 

Question: Is your petition through your mom already been approved or even through your brother? it can take 20+ years, if you are from certain countries to get a visa available

 

 

[Visitor User 235]

1 minute ago, Alabamak1 said:

the fact that you where not authorized is forgiven at the point of the interview. i don't recommend on hidding that fact, since it is highly unlikely to support oneself for so many years w/o any income. The officer just reviewed my paperwork, asked a few standard questions and I left with approved petition. Your lawyer must have some way figured how to proof that you are here, but usually the I-94 is enough. I will look into my application. i got it dusting somewhere and can get back to you on what exactly we did back then

 

Question: Is your petition through your mom already been approved or even through your brother? it can take 20+ years, if you are from certain countries to get a visa available

 

 

Yes. I know about the forgiveness of unauthorized work. It also doesn’t matter how many employers and/or how many years the beneficiary worked for right?

 

I do have the tax returns for every year I worked using my own SSN. My lawyer said he will show it if IO requests it. My brother’s income is very high so they might not ask for it?

 

My I-130 was filed in June 2011 by my USC mother and brother. I-130 from mother was approved in May 2014. I became eligible to file for AOS in October 2017. However, the I-130 from my brother is still not approved.

[Alabamak1 688]

7 minutes ago, Visitor User said:

Yes. I know about the forgiveness of unauthorized work. It also doesn’t matter how many employers and/or how many years the beneficiary worked for right?

 

I do have the tax returns for every year I worked using my own SSN. My lawyer said he will show it if IO requests it. My brother’s income is very high so they might not ask for it?

 

My I-130 was filed in June 2011 by my USC mother and brother. I-130 from mother was approved in May 2014. I became eligible to file for AOS in October 2017. However, the I-130 from my brother is still not approved.

if not mistaken, all you need is a visa availability to be able to adjust. Since you are doing AOS already...your petition through your brother would be unnecessary. I mean it is a good backup in case your mom passed away, since the petitioner (US alien relative) needs to be alive till your process is finished. 

 

Yes, any employer or multiple ones it does not matter. I agree, like my lawyer said also back then....only state what is asked and answer. Do not need to extend answers to questions not asked or provide info that wasn't asked for either.

 

they definetly look at your sponsors income, but as long as it is enough....your good to go

Edited December 29, 2018 by Alabamak1

[Visitor User 235]

26 minutes ago, Alabamak1 said:

if not mistaken, all you need is a visa availability to be able to adjust. Since you are doing AOS already...your petition through your brother would be unnecessary. I mean it is a good backup in case your mom passed away, since the petitioner (US alien relative) needs to be alive till your process is finished. 

 

Yes, any employer or multiple ones it does not matter. I agree, like my lawyer said also back then....only state what is asked and answer. Do not need to extend answers to questions not asked or provide info that wasn't asked for either.

 

they definetly look at your sponsors income, but as long as it is enough....your good to go

The visa became available in October 2017 so that is when I filed. The only bad part is that I won’t be refunded from my brothers petition but that’s not a big deal.

 

You mean the petitioner has to be alive till a decision is made on AOS? 

 

They will ask every single YES/NO questions from the I-485?

Edited December 29, 2018 by Visitor User

[Alabamak1 688]

Just now, Visitor User said:

The visa became available in October 2017 so that is when I filed. The only bad part is that I won’t be refunded from my brothers petition but that’s not a big deal.

 

You mean the petitioner has to be alive till a decision is made on AOS? 

 

They will ask every single YES/NO questions from the I-485?

i believe so, i forgot where i read that, but that is one of the conditions, since you are not a permanent resident still. That only becomes true, when your AOS is approved. 

 

you have to know what you have signed on your i-485 form. independently from who filled it out for you. Those details must be ingraned for the interview.  I am a little courius as in how did you get EAD before the interview?. I got interviewed first, then EAD and a week later 10year GC

[Visitor User 235]

32 minutes ago, Alabamak1 said:

i believe so, i forgot where i read that, but that is one of the conditions, since you are not a permanent resident still. That only becomes true, when your AOS is approved. 

 

you have to know what you have signed on your i-485 form. independently from who filled it out for you. Those details must be ingraned for the interview.  I am a little courius as in how did you get EAD before the interview?. I got interviewed first, then EAD and a week later 10year GC

My lawyer filled my I-485 so he signed it.

 

I-765 can be filed with I-485 and Supplemental A which is free. If there are no RFIE/RFE then the beneficiary is granted an EAD valid for 1 year in category 09 based on pending AOS.

 

Did you have your interview within 90 days of filing AOS? Some people get an interview fast so there is no need for EAD and they get the PR card. 

Edited December 29, 2018 by Visitor User

[Alabamak1 688]

4 hours ago, Visitor User said:

My lawyer filled my I-485 so he signed it.

 

I-765 can be filed with I-485 and Supplemental A which is free. If there are no RFIE/RFE then the beneficiary is granted an EAD valid for 1 year in category 09 based on pending AOS.

 

Did you have your interview within 90 days of filing AOS? Some people get an interview fast so there is no need for EAD and they get the PR card. 

yes, even faster than that in those days......maybe 60 days. It was pretty quick as soon as my Visa came available. We filed for EAD and it came just like I mentioned before. Days later GC in hand. 

 

Suggestion, any forms filled by your attorney...ask to see them so you can study the information that was provided in them. I mean, it is a moronic suggestion, because you (the beneficiary) is providing all this information anyways. 

Edited December 29, 2018 by Alabamak1

[Visitor User 235]

6 hours ago, Alabamak1 said:

yes, even faster than that in those days......maybe 60 days. It was pretty quick as soon as my Visa came available. We filed for EAD and it came just like I mentioned before. Days later GC in hand. 

 

Suggestion, any forms filled by your attorney...ask to see them so you can study the information that was provided in them. I mean, it is a moronic suggestion, because you (the beneficiary) is providing all this information anyways. 

Of course. My lawyer and I will practice interviews and I will know exactly what’s in it.

[Visitor User 235]

How long was your interview?

[Visitor User 235]

What else is forgiven?