From K1 and K2 to AOS

[Pat Argen 15]

Hi everyone. Who here has transitioned to AOS from K1 and K2 and has been approved for the greencard? Did both K1 and K2 undergo the interview? How was your experience? What questions did they ask??? And do everyone really go thru the interview? I’ve heard others didn’t have to go through the AOS interview and just received their card in the mail. TIA.

[payxibka 10,044]

5 minutes ago, Pat Argente said:

Hi everyone. Who here has transitioned to AOS from K1 and K2 and has been approved for the greencard? Did both K1 and K2 undergo the interview? How was your experience? What questions did they ask??? And do everyone really go thru the interview? I’ve heard others didn’t have to go through the AOS interview and just received their card in the mail. TIA.

Non interviews stopped with a policy change about a year or little more ago

[SalishSea 16,737]

22 minutes ago, Pat Argente said:

Hi everyone. Who here has transitioned to AOS from K1 and K2 and has been approved for the greencard? Did both K1 and K2 undergo the interview? How was your experience? What questions did they ask??? And do everyone really go thru the interview? I’ve heard others didn’t have to go through the AOS interview and just received their card in the mail. TIA.

All K-1 immigrants are interviewed now for the conditional GC.  I'm not sure about K-2s - could depend on the age at the time.

[Pitaya 2,576]

Read our AOS review in our timeline or Nov 2012 Seattle Field Office K1/K2 review.

Edited June 27, 2019 by Pitaya (火龙果)

[USS_Voyager 1,971]

Yes, now everyone has to be interviewed. Before, it was possible to not have to be interviewed if the evidence you sent in were convincing enough. One of the changes the Trump Administration made from the previous Administration. I believe they also interview all EB I-485s as well, which is totally ridiculous and added so much to the processing time of all I-485

[Loren Y 2,731]

Current as of June 6, 2019. Looks like interviews can still be waived by USCIS.

All adjustment of status applicants must be interviewed by an officer unless the interview is waived by USCIS. ^[1] The decision to waive the interview should be made on a case-by-case basis. The interview enables USCIS to verify important information about the applicant to determine eligibility for adjustment. For family-based applications, USCIS generally requires the Form I-130 petitioner to appear for the interview with the principal adjustment of status applicant. In addition, derivatives are also required to appear regardless of the filing category

 

 

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-5

 

Edited June 27, 2019 by Loren Y

[KYICGM 70]

1 hour ago, Pat Argente said:

Hi everyone. Who here has transitioned to AOS from K1 and K2 and has been approved for the greencard? Did both K1 and K2 undergo the interview? How was your experience? What questions did they ask??? And do everyone really go thru the interview? I’ve heard others didn’t have to go through the AOS interview and just received their card in the mail. TIA.

i just had my Aos interview on tuesday adjusting from k1/k/2 children over 14 years have to be interviewed my girls age( 15,11 and 10. We all were scheduled for an interview the same day and same time. The questions asked for my 15,11 and 10 were just to confirm their names, Dob, what grade they were in and if they were married ( was a joke from the officer who interview us ) that was all they were asked. We got approved 5 hours later the same day as the interview. 

[K1visaHopeful 2,655]

1 hour ago, Loren Y said:

Current as of June 6, 2019. Looks like interviews can still be waived by USCIS.

All adjustment of status applicants must be interviewed by an officer unless the interview is waived by USCIS. ^[1] The decision to waive the interview should be made on a case-by-case basis. The interview enables USCIS to verify important information about the applicant to determine eligibility for adjustment. For family-based applications, USCIS generally requires the Form I-130 petitioner to appear for the interview with the principal adjustment of status applicant. In addition, derivatives are also required to appear regardless of the filing category

 

 

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-5

 

This is very true (K visas can still be waived the AOS interview). However prior to May 2018, nearly all K visas were waived the AOS interview. They made changes to the policy in May 2018 excluding K visas from automatically being waived (most of the time).

[Loren Y 2,731]

6 minutes ago, K1visaHopeful said:

This is very true (K visas can still be waived the AOS interview). However prior to May 2018, nearly all K visas were waived the AOS interview. They made changes to the policy in May 2018 excluding K visas from automatically being waived (most of the time).

I wish it was the old way, to me it would make more sense to just print the 2 year conditional card and wait to really grill and interview people when they go to remove conditions. That way you get your 2 year card faster, and can start on the time to apply for citizenship, and it gives people a few years to come up with more proof of commingled everything. Granted I had quite a bit I sent in with my AOS hoping to skip the interview, but we will see, hopefully they will revert back as they have recently been trying to speed up the process by moving petitions around.

[K1visaHopeful 2,655]

25 minutes ago, Loren Y said:

I wish it was the old way, to me it would make more sense to just print the 2 year conditional card and wait to really grill and interview people when they go to remove conditions. That way you get your 2 year card faster, and can start on the time to apply for citizenship, and it gives people a few years to come up with more proof of commingled everything. Granted I had quite a bit I sent in with my AOS hoping to skip the interview, but we will see, hopefully they will revert back as they have recently been trying to speed up the process by moving petitions around.

It's a new policy enstated by you know who. My feeling is they do not trust the judgement of the consular officers and want to ensure that by no fault of their own, that they let immigrants in who they perceive as worthy. That way they are accountable too. 

I agree with you whole heartedly though!

[SalishSea 16,737]

2 hours ago, K1visaHopeful said:

This is very true (K visas can still be waived the AOS interview). However prior to May 2018, nearly all K visas were waived the AOS interview. They made changes to the policy in May 2018 excluding K visas from automatically being waived (most of the time).

I'd be curious to hear from anyone on VJ who in practice has gotten a waiver on an AOS interview over the past year.  I've not seen it.

[K1visaHopeful 2,655]

49 minutes ago, Jorgedig said:

I'd be curious to hear from anyone on VJ who in practice has gotten a waiver on an AOS interview over the past year.  I've not seen it.

Me neither. 

[payxibka 10,044]

3 hours ago, Loren Y said:

I wish it was the old way, to me it would make more sense to just print the 2 year conditional card and wait to really grill and interview people when they go to remove conditions. That way you get your 2 year card faster, and can start on the time to apply for citizenship, and it gives people a few years to come up with more proof of commingled everything. Granted I had quite a bit I sent in with my AOS hoping to skip the interview, but we will see, hopefully they will revert back as they have recently been trying to speed up the process by moving petitions around.

Prior to this policy change,  it was possible to ROC without an interview.   Been there,  experienced that 

[Pitaya 2,576]

4 hours ago, Jorgedig said:

I'd be curious to hear from anyone on VJ who in practice has gotten a waiver on an AOS interview over the past year.  I've not seen it.

Is that waiver as in "wave it goodbye?"

[geowrian 22,335]

On 6/27/2019 at 4:07 PM, Loren Y said:

Current as of June 6, 2019. Looks like interviews can still be waived by USCIS.

Yes, in accordance with the criteria noted.

Although this doesn't apply to the OP's circumstances anymore. It would have a year or two ago, making an interview waiver possible.

 

23 hours ago, Loren Y said:

I wish it was the old way, to me it would make more sense to just print the 2 year conditional card and wait to really grill and interview people when they go to remove conditions. That way you get your 2 year card faster, and can start on the time to apply for citizenship, and it gives people a few years to come up with more proof of commingled everything. Granted I had quite a bit I sent in with my AOS hoping to skip the interview, but we will see, hopefully they will revert back as they have recently been trying to speed up the process by moving petitions around.

For K visa holders, I'd be cool with that. They were already (fairly) recently scrutinized under more difficult circumstances, so there's very little new data to go on. Counterpoint is scam setups to just get into the US, whereas they could get approved for the green card even if they were no longer with the petitioner, assuming the petitioner never withdraws the I-864.

 

For AOS from other visas, I think an interview at the AOS stage is more important. Having that waived and just doing it for ROC leaves open a bigger window for fraud - having LPR status revoked via ROC is a long and difficult journey for DHS. You really need to have issues with your case and/or available evidence to have an IJ strip you of LPR status.

Preventing LPR status in the first place is much easier, and the AOS stage would be the first and only opportunity to do that. And it has the same issue as K holders regarding separation mid-AOS.