AOS interview from B-2 Tourist visa experience?

[TravelingLilly 13]

Hello again everyone, 

 

I am a filer for AOS from Tourist Visa. I was visiting my husband in February when the pandemic came out and so our lawyer, fortunately, recommended me to apply for AOS and not to leave the country , without filing, because there would be high chances I would wait a very long time.

So we filed on March 5, and finally September 1st my EAD/AP card was approved. 

 

Now, I am waiting for my interview to be scheduled. I have two important questions:

- In my case(B-2 Visa), is there any chance to have my interview waived? I am not sure by checking on the USCIS website, plus some topics says so, other posts says the opposite. We are two young people engaged for many years and got married last year. We can easily prove our marriage without any doubts, having a long history of records, bills, travels done together, pictures, messages etc. That's why I am thinking that they might simply ask for a RFE. 

 

- How the officer could behave with me compared to someone who filed for AOS from a K Visa? is he/she going to ask me further questions beside those usually asked from a K-Visa? 

 

Thank you,

Lilly 

[NancyNguyen 1,657]

1. No, interviews are usually waived with K-1, not with tourists / ESTA.

 

2. K-1 interviews are simple if there is no red flags, my relative's K1 AOS interview was as simple as 1-2-3. Tourists interviews are usually more scrutinized of course. At this pandemic, interview officer doesn't want to be with anyone long in a small room so you should expect it in and out.

[portorusa 431]

31 minutes ago, NancyNguyen said:

 At this pandemic, interview officer doesn't want to be with anyone long in a small room so you should expect it in and out.

In some field offices they do video interviews.

OP, it’s highly improbable that your interview will be waived, sorry.

[Callistora 6]

My husband adjusted from B2 visa and he overstayed 3 years before we filed and this was all before the pandemic which honestly is forcing a lot of people to adjust.  I mean it's changed the world whether people want to admit it or not.  

 

We were never once asked about his overstay. The IO asked to see his tourist visa and we explained it was just a stamp in his passport since he is Canadian (and the IO seemed confused about this, he was expecting something different.  They must not see a lot of Canadians there) but that was it.  He had no follow up questions although we were prepared to answer.  Most of the personal questions were directed towards me and just asked how we met and such.   

 

I will say I sent in a lot of evidence which helped because he wanted almost nothing when we interviewed except our new tax returns, new pictures, and the medical exam.  And we did everything without a lawyer.

 

I think because of the pandemic you will be fine.  There's not much else you could have done.

Edited September 17, 2020 by Callistora

[TravelingLilly 13]

13 hours ago, Callistora said:

My husband adjusted from B2 visa and he overstayed 3 years before we filed and this was all before the pandemic which honestly is forcing a lot of people to adjust.  I mean it's changed the world whether people want to admit it or not.  

 

We were never once asked about his overstay. The IO asked to see his tourist visa and we explained it was just a stamp in his passport since he is Canadian (and the IO seemed confused about this, he was expecting something different.  They must not see a lot of Canadians there) but that was it.  He had no follow up questions although we were prepared to answer.  Most of the personal questions were directed towards me and just asked how we met and such.   

 

I will say I sent in a lot of evidence which helped because he wanted almost nothing when we interviewed except our new tax returns, new pictures, and the medical exam.  And we did everything without a lawyer.

 

I think because of the pandemic you will be fine.  There's not much else you could have done.

Thank you Callistora.

I did not actually overstay, the pandemic just created the circumstances to ask for AoS while visiting under a B-2 Visa. Anyway, I am glad you two had no problems and this could mean that they are not going to ask to much questions to me about why I applied under B-2 Visa or also questions about the entry at the PoE. 

 

[Callistora 6]

Yea I think if you have a lot of evidence they won't ask.  Of course it all depends on your IO.  It doesn't seem like they often ask about adjusting from B2 unless you give them a reason.  One good piece of advice I learned through this whole process is just answer what they ask and don't offer more information than necessary.