Autumnal

This doesn't seem like an easy situation at all.

I think your friend needs to consider how this will look to a neutral, uninvolved party (USCIS). She may have the best of intentions, but this middle perspective (USCIS) has to keep in mind there are those that have legitimate claims and those who do not. The onus lies with her to refute this.

Her first marriage has gone through, she's made an AOS and discovered the USC is cheating on her, right? He'll not contest it. On those grounds, the green card/AOS interview would not likely go through because he does not wish to continue to be married to her. I'm definitely not a lawyer nor highly versed in the ins and outs of the VAWA, but I don't think she can claim this form of petition as a means to stay in the country, especially if she's already in a relationship with another person and separated.

The cleanest route, as already illustrated above, would be to cancel the petition and explain to USCIS that the marriage failed on X/Y/Z grounds. Return to Canada and re-establish a life there while waiting for the divorce. Then, if this second relationship turned out well, pursue it via a K3 or a K1 visa. It would demonstrate good faith and intent in the system.

Flipping out of one AOS and straight into another, I agree, will look suspicious.

You might get an RFE with a returned cheque if it is in the wrong amount, but I don't know. If you can, you might contact USCIS once it is processed and find out.

Happy Saint Patrick's Day and good job on that revision date.

I used cheques, because I wanted to know when they were cashed.

Lovely, thanks!

If this business is life-or-death, then you may get around it. But if it's something that can wait, then attending your AOS interview is probably the most important thing you can do.

I'm assuming you can. On the I-797 form, it does have a phone number listed in the event you need to change it. However, I would pretty strongly suggest that you call as soon as possible.

Ok, after 2 years and 3 months we have our interview!

Congratulations! Good luck!

Firstly, how exactly should the wording of the letter from your employer read. Is it a case of stating position, rate of pay etc, or can there be an element of character reference?

As below, that's more or less almost to the word of what I used. My husband's current employer provided him with a very detailed letter of offer in 2005, so that's what I used along with my immigration AOS/I-130 application. It had all the details plus everything USCIS could ever want to know about how much they like him.

Secondly, is it normal to be this nervous, and have your brain fail you when you need to be asking important questions!!

Yes, that it is. I was running through some of the sample questions for AOS and a few points failed me -- the most important ones, like his mother's full name! If I can offer any advice as a fellow interviewee: take a deep breath, concentrate, and answer the question to yourself slowly and surely.

God willing, when we are approved, does anyone know if its possible to move out of State? Basically, we want to move back North asap, should I wait until we have recieved the GC in my hand before moving?

Murphy's Law: if you move, it'll arrive at the old address or be lost in transit. I would be inclined to wait, myself, if you can afford to do so comfortably.

Man! You just don't have any luck at all with that! Well, here's raising a wish for good fortune that it all gets straightened up soon from Illinois.

PJ, that's hilarious! I'll have to ask, since my husband works downtown and I haven't got a clue other than the most obvious (building he works in, Sears Tower, John Hancock)....

Good luck, SPI!

Ditto on the point of bringing copies of every correspondence with USCIS.

I am very sorry to hear that her arranged relationship turned out poorly, but please let me add my voice to the others here. Please strongly consider the situation at hand and the timeline you are progressing on, then try to look at it from the standpoint of USCIS.

She entered into a sham marriage with the intention of getting her green card to stay in the USCIS. She married her second cousin with, by your own declaration, no intentions whatsoever of a long-term marriage. That, by definition, counts as a form of fraud. Even with domestic abuse and violence, the immigration officers must look at the original intent: she wasn't coming here to enter into a marriage of good faith for love/friendship/and all those other reasons people form this bond. She wanted residency.

The AOS via VAWA would apply if she came in good faith, but the original motive is what clouds the issue and puts her in a very sticky situation. She can't use the system to defend her when she was bending it to her own advantages, I fear. Clmarsh summed it up best, I think:

...if it weren't for the fact that she entered with intent to marry for the purpose of getting a green card. You said it yourself! No matter which way you slice it, that's immigration fraud. A K1 [is for] for people who wish to marry and remain married. I know that life doesn't work like that, but the intention of marrying for the green card is dishonourable. Because of that, I would recommend that she returns home and you start processing all over again. The alternative is that she marries you now and you file for a K3 instead of a K1.

I'm with her on this advice as well. If this new relationship is in good faith, then wipe the slate clean and start off on the right track. It's not the ideal but it will demonstrate that faith to USCIS far better than the convoluted sidesteps that will probably be necessary to wipe away the prior K1 visa, the subsequent fall out from the relationship, and choices made thereafter. It will also allow your own relationship with her to develop.

It sounds like you're going to need to talk to a very good immigration attorney versed in K1/K3. I would chat with a few more in your area to get a consensus, but 'bending the system' doesn't seem like the right approach to me.

By preparing the package yourself, you are familiar with the material in there. It may take a few hours at Kinko's photocopying things, but that is actually valuable when it comes to reviewing what you've brought along. That will probably make you feel more comfortable, too.

I would spend the time to do it myself, and if you have worries you've forgotten something, go ahead and post up the contents here for other VJers to respond to. Good luck!

Anyone?

No one?

Congratulations! Can you share a bit of info about your interview? How did it go, what sort of questions did you get?

We had out interview on Feb 17th. I didn't take our 2005 taxes; no I693 and no new I864. All he asked pertaining to I864 was if anything regarding the income had changed and I said its the same except for a little raise expected in March...

Yeah, my husband got a modest raise this coming pay cheque but it wasn't going to affect the overall posting. There was no concern for poverty level, and the change isn't drastic (IE: +$10,000)

Thank you for the answer. Phew!

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Can you tell I'm a mite anxious? Here goes the general question: if anyone has been interviewed at the Chicago District Office, can you please give an idea of what sort of questions you faced and what your AOS interview experience was like?

Thanks a million.

My goal is to provide a resource (or sticky!) for material and documents that other VJ members have brought with them to their AOS interviews. It's a popular question and for those of us preparing for the interview, it would be a great comfort mentally.

Q. What items did you bring to your interview?

Was there anything the immigration offficer asked specifically to see?

What all would you take with you if you had to advise a fellow VJer?

Very useful thread.

Other things that have been mentioned in the past that might be useful for you:

1. Bills with your address together.

2. Memberships in clubs.

3. AAA membership.

4. Any "joint" or "family" memberships, like at a gym.

5. Magazines with joint name/subscription. (Something to read in the waiting room, at least!)

6. Medical forms/release waivers

7. Accident reports (again, if both names are on...)

8. Official documentation with your address

9. Copies of your original AOS package.

To be honest, I would talk to the lawyer or attorney before making any decision. It sounds as though you're in a very complicated situation and a seasoned immigration lawyer specializing in dealing with the appropriate laws will probably have a much better description of events than we will.

I'm sorry I can't provide much more information than that. If you can demonstrate signs of abuse, and also if you were describing the different offenses with the fact you didn't know, USCIS may go in your favour.

While I'm not through Detroit, you should be able to do a search for other people who went through that local district office. Good luck!

The answer to this question is probably how you got to the US in the first place. Did you enter as a visitor? Were you here on business? Have you been working in the US or studying?

Once you answer that question, you can determine your proper status.

Congratulations! I hope things continue smoothly for you.