AOS Interview Waived - case info

[fecitrus 6]

Hi all

For tracking purposes, those who had their AOS interviews waived could please reply to this thread with the following info:

- Field Office

- Category

- When your status changed to "card being produced" status

 

This way we can get a pulse on which offices were seeing activity in pending cases

 

Thank you!

[geowrian 22,337]

I'd also suggest adding what visa status you filed AOS from.

[NancyNguyen 1,657]

And if you are not K-1, don't think about it.

[beefmaster2 51]

57 minutes ago, NancyNguyen said:

And if you are not K-1, don't think about it.

Why?

[NancyNguyen 1,657]

Just now, beefmaster2 said:

Why?

Because only K-1 holders got interview waiver.

[beefmaster2 51]

Just now, NancyNguyen said:

Because only K-1 holders got interview waiver.

Not true. Other people got waivers from other statuses including:

 

[geowrian 22,337]

AOS based upon marriage w/o an interview from anything other than K visas has not traditionally occurred. That's why I suggested adding the visa one is doing AOS from - to see if there is a practical change to that policy.

As-written, the interview waiver policy (https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-5) does not cover marriage-based AOS, although it did cover it for AOS from K visas until recent years. And a number of people have posted about getting a waiver from K-1 recently, showing that may be back.

 

AOS from other visas is just not something that has traditionally occurred and is pushing the norms pretty heavily. I'm not saying it hasn't or won't occur...but it is something that I would not expect either. There's just not much faith in that a packet alone explains an entire relationship to justify permanent residency. It provides a decent exposure to fraud IMO...not that most people are fraudulent, but that somebody who wants to do things fraudulently can more easily do so w/o ever having an interview.

AOS from K-1 had an interview covering the relationship recently, which is why that had a wavier available.

Edited May 1, 2020 by geowrian

[fs2439 46]

13 minutes ago, geowrian said:

AOS based upon marriage w/o an interview from anything other than K visas has not traditionally occurred. That's why I suggested adding the visa one is doing AOS from - to see if there is a practical change to that policy.

As-written, the interview waiver policy (https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-5) does not cover marriage-based AOS, although it did cover it for AOS from K visas until recent years. And a number of people have posted about getting a waiver from K-1 recently, showing that may be back.

 

AOS from other visas is just not something that has traditionally occurred and is pushing the norms pretty heavily. I'm not saying it hasn't or won't occur...but it is something that I would not expect either. There's just not much faith in that a packet alone explains an entire relationship to justify permanent residency. It provides a decent exposure to fraud IMO...not that most people are fraudulent, but that somebody who wants to do things fraudulently can more easily do so w/o ever having an interview.

AOS from K-1 had an interview covering the relationship recently, which is why that had a wavier available.

If I'm not mistaken, most prople applying for AOS through the employment-based path were NOT interviewed through 2017. In which case, there is ample precedent to waive those.

 

I am not able to judge whether fraudulent marriage or employment-based petitions are more prevalent, so I would not vouch for one the other

[geowrian 22,337]

6 minutes ago, fs2439 said:

If I'm not mistaken, most prople applying for AOS through the employment-based path were NOT interviewed through 2017. In which case, there is ample precedent to waive those.

 

I am not able to judge whether fraudulent marriage or employment-based petitions are more prevalent, so I would not vouch for one the other

True - employment-based AOS was also hit with that change. I was speaking strictly with regard to marriage-based AOS.

Well for employment-based AOS, the underlying petition is the main dealbreaker. The I-485 was just to rule out obvious inadmissibility really. It didn't require any other evidence on top of it (or even an I-864). The interview was basically a placeholder as there was little to actually discuss IMO.

Edited May 1, 2020 by geowrian

[fecitrus 6]

The purpose of this thread is just to tracker waivers. Those who had their interview said could please respond with the following info?

 

- Field Office

- Category

- Visa status before GC

- When your status changed to "card being produced" status

[portorusa 431]

1 hour ago, geowrian said:

AOS from K-1 had an interview covering the relationship recently, which is why that had a wavier available.

Humm, it makes me think...my husband had his CR1 interview back in December, and his visa in Paris is almost ready. However, we applied for AOS recently. Does that mean we might have a good chance to get the AOS interview waived? (It may be too early for us to start being hopeful though).

[geowrian 22,337]

1 minute ago, portorusa said:

Humm, it makes me think...my husband had his CR1 interview back in December, and his visa in Paris is almost ready. However, we applied for AOS recently. Does that mean we might have a good chance to get the AOS interview waived? (It may be too early for us to start being hopeful though).

Possibly. I really can't say much more on AOS from non-K1 as there's just not evidence of it being a normality at this time. Hope for the best, but be ready for an interview just in case.

On the plus side, per a policy from around 2018, if you have an interview for AOS then you may (but not must) be waived for an ROC interview. So that is still a possibility as well.

[Sarge2155 4,590]

36 minutes ago, geowrian said:

Possibly. I really can't say much more on AOS from non-K1 as there's just not evidence of it being a normality at this time. Hope for the best, but be ready for an interview just in case.

On the plus side, per a policy from around 2018, if you have an interview for AOS then you may (but not must) be waived for an ROC interview. So that is still a possibility as well.

Is it also true that several years back there are couples who had neither an AOS nor a ROC interview? I'm still trying to dissect why we were waived. There had to be some basic criteria! Nevertheless we are grateful and thrilled.

[geowrian 22,337]

Just now, Sarge2155 said:

Is it also true that several years back there are couples who had neither an AOS nor a ROC interview? I'm still trying to dissect why we were waived. There had to be some basic criteria! Nevertheless we are grateful and thrilled.

Correct. Of the people who filed before the ~2018 memo, some people did not get an interview for AOS from K-1 and also no ROC interview.

[Sarge2155 4,590]

4 minutes ago, geowrian said:

Correct. Of the people who filed before the ~2018 memo, some people did not get an interview for AOS from K-1 and also no ROC interview.

Now that would be a walk in the park  for a fraudster.....maybe that's  one reason they changed the policy!