AOS Interview while NTA

[beso36 2]

My case may be a little complex, i751 divorce waiver was denied for lack of evidence so after I refiled concurrently i485,i130 based on 2nd marriage before receiving the NTA. But after filing it, I got the NTA for next year. Now, my interview date is scheduled in a few weeks, my questions

- Can they approve me on the spot for GC

- Should I have evidence for my first marriage as well?

 

If anyone has a similar experience please share with me, I need all help around figuring it out

[Russ&Caro 1,548]

Seems like evidence that your first marriage was bona fide will be required. Not sure about the on-the-spot GC. Do you have a lawyer for your appointment before a judge? I haven't heard of people trying to DIY on an NTA.

[geowrian 22,336]

No way getting out of showing that the first marriage was bona fide.

[GreenGem 58]

I don't think it's possible to apply for AOS concurrent with the I-130 based on a second marriage. You're removing conditions based on your first marriage and got denied. I don't see how you will be approved for a green card on the spot. You will need to have all evidence you can get to prove bona fide marriage with your first. 

[beso36 2]

13 minutes ago, Russ&Caro said:

Seems like evidence that your first marriage was bona fide will be required. Not sure about the on-the-spot GC. Do you have a lawyer for your appointment before a judge? I haven't heard of people trying to DIY on an NTA.

I do have evidence but as i mentioned but it didn't seem enough for the last time. I do have a lawyer, However, I am looking to know more if someone experienced the same before and what happened.

 

2 minutes ago, geowrian said:

No way getting out of showing that the first marriage was bona fide.

I do have evidence but as i mentioned but it didn't seem enough for the last time

[payxibka 10,044]

13 minutes ago, beso36 said:

I do have evidence but as i mentioned but it didn't seem enough for the last time. I do have a lawyer, However, I am looking to know more if someone experienced the same before and what happened.

 

I do have evidence but as i mentioned but it didn't seem enough for the last time

Unfortunately more than didn't seem enough 

[beso36 2]

1 minute ago, payxibka said:

Unfortunately more than didn't seem enough 

Sorry, what do you mean?

[WeGuyGal 1,052]

12 minutes ago, beso36 said:

Sorry, what do you mean?

Meaning there might be more reasons for the NTA than just the 'didn't seem enough" of bonafide relationship. 

[payxibka 10,044]

1 minute ago, WeGuyGal said:

Meaning there might be more reasons for the NTA than just the 'didn't seem enough" of bonafide relationship. 

Or more than "didn't seem enough",  it wasn't enough 

[WeGuyGal 1,052]

Just now, payxibka said:

Or more than "didn't seem enough",  it wasn't enough 

Whatever it is, OP's background is complex in USCIS's eyes

[Mollie09 1,543]

You will still need to prove the first marriage was bonafide, can't just skip to applying for another one.

You will, of course, need to tell them at the interview that you have a denied I-751 and an NTA. They won't approve you on the spot.

I'm assuming you disclosed all of this when applying for the I-130/I-485 for your second marriage?

Edited April 12, 2019 by Mollie09

[beso36 2]

9 hours ago, Mollie09 said:

You will still need to prove the first marriage was bonafide, can't just skip to applying for another one.

You will, of course, need to tell them at the interview that you have a denied I-751 and an NTA. They won't approve you on the spot.

I'm assuming you disclosed all of this when applying for the I-130/I-485 for your second marriage?

Thanks, After more looking into it the reasons I found in the denial letter are incorrect. I found that some pieces of evidence are not listed as it should, I acted fast filing the next packet and based the point where I can regret things at this point. Yeah, all information is disclosed and have to explain all of it again on the interview.

 

Thanks again all, hopefully, things will be alright at the interview and turn in my favor. Wish me luck

[Villanelle 4,121]

Id be really surprised if they approve you on the spot and a GC is promptly mailed. I remember some of what you posted previously. Im not sure if I told you this last time but once a NTA is issued and you are entered into the court system you have to 'complete' what ever is necessary to get out of the court system. 

 

So a NTA was issued after you filed another AOS packet. If the NTA was issued before you filed the second packet the second packet probably wouldnt have gotten accepted and processed up to the point where an interview is scheduled. When you are in court proceedings you usually need permission to file another AOS and the judge can even adjudicate it or refer it back to USCIS. So IMO they will tell you at the interview because you are in removal proceedings they cant do anything. You will then have to wait for your court appearance next year and may have to even have several appearances and may even have to pay to refile AOS again if this last AOS is denied rather then held. The courts are very slow and backlogged. You probably wont be done with the court for many years. 

[beso36 2]

2 minutes ago, username_taken said:

Id be really surprised if they approve you on the spot and a GC is promptly mailed. I remember some of what you posted previously. Im not sure if I told you this last time but once a NTA is issued and you are entered into the court system you have to 'complete' what ever is necessary to get out of the court system. 

 

So a NTA was issued after you filed another AOS packet. If the NTA was issued before you filed the second packet the second packet probably wouldnt have gotten accepted and processed up to the point where an interview is scheduled. When you are in court proceedings you usually need permission to file another AOS and the judge can even adjudicate it or refer it back to USCIS. So IMO they will tell you at the interview because you are in removal proceedings they cant do anything. You will then have to wait for your court appearance next year and may have to even have several appearances and may even have to pay to refile AOS again if this last AOS is denied rather then held. The courts are very slow and backlogged. You probably wont be done with the court for many years. 

Yeah the new packet was sent before the NTA and based on my search, the best case is get i130 approved and then request close proceedings or re-file in the court.