Interview questions

[hlynnf23 16]

Our interview is scheduled next month in Detroit. We submitted my husbands AOS packet on December 18th, 2020 which was the 90th day of his ESTA (we didn’t plan on it, it just took a long time to get documentation around).  His PD is December 22nd 2020. At the time that we filled out the application, we marked “NO” on Part 8 #17 “Have you EVER violated the terms or conditions of your nonimmigrant status” because he was still within his 90 days. 

 

Do we need to answer “YES” instead when we go to the interview since he technically had 4 days of overstay?

 

Also, now that my husband has his SSN I will be filing our 2020 taxes. Do I need an updated Affidavit of Support for the interview or just bring a copy of the 2020 taxes?

[Mike E 11,723]

Do you have evidence you sent the I-485 on December 18, 2020?

 

If so, since  USPS doesn’t promise it won’t deliver same day, I don’t see an overstay.  There are people who filed I-751  91 days before their green cards expire who can attest to this.  
 

If not, it is still your sworn word that  you sent the I-485 while the alien still had authorized presence. So I don’t see an overstay absent a reasonable doubt.  
 

We did not bring an updated I-864.  We brought the tax transcript and the copy of the tax return.  The IO asked for the and collected the former.  

Edited July 5, 2021 by Mike E

[payxibka 10,044]

39 minutes ago, hlynnf23 said:

Our interview is scheduled next month in Detroit. We submitted my husbands AOS packet on December 18th, 2020 which was the 90th day of his ESTA (we didn’t plan on it, it just took a long time to get documentation around).  His PD is December 22nd 2020. At the time that we filled out the application, we marked “NO” on Part 8 #17 “Have you EVER violated the terms or conditions of your nonimmigrant status” because he was still within his 90 days. 

 

Do we need to answer “YES” instead when we go to the interview since he technically had 4 days of overstay?

 

Also, now that my husband has his SSN I will be filing our 2020 taxes. Do I need an updated Affidavit of Support for the interview or just bring a copy of the 2020 taxes?

The information you provided was accurate as of the date you signed the bottom of the form.  Stop worrying. 

 

The IO will go through the entire form with you and will correct anything that needs correcting