junglejao

Yes, I understand all of that. I am simply trying to determine WHEN I need to advise USCIS (upon filing the papers or upon the divorce being final), and based on that WHEN he would no longer have legal status and need to leave. I'm asking if he has a couple of months while the divorce is in process, or if he is automatically illegal (and his EAD invalid) upon the FILING of those papers. And at what point he would be considered overstaying.

My husband and I are getting a divorce. The decision was mine, and I would like for the process to be amicable. He is a decent person- just not such a great husband.

He entered on a K1 in March of 2008. We were married and filed for AOS within 3 months. We were interviewed for the first time in January of 2009, and then heard nothing for months. After many inquiries on our part, and finally going to our local congresswoman, we were called in for a second interview in November 2009. They told us at the conclusion of that interview that they believed that our relationship was valid, but they still needed to wait on one final check. Since then, nothing. In other words, he has not yet received his green card.

I do not want to force my husband out of the country, but I do not want to put myself in any sort of legal jeopardy for his sake. He would like to stay here for as long as he can, but does not want or intend to stay illegally.

So the first question is, what is my legal obligation? Do I need to advise USCIS of the divorce? If so, would I do that when the papers are filed, or when the divorce is final? Do I also need to send notice of canceling his sponsorship, or would that be automatically inferred from the notice of divorce?

Next question is, what does my husband need to do to remain here legally for as long as possible? We both know he cannot stay indefinitely and that once USCIS knows we are no longer married his visa will no longer be valid, but we're just wondering if he has some time to wrap things up and make some money before returning to his country. How would the process work for him once I (presumably) informed USCIS of the intent/finality of the divorce? Are there some sort of proceedings and/or lee time before he definitely has to leave, or is it immediate?

Any advice would be appreciated. Thanks,

Jennifer

Thanks. Better to go to Congresswoman/Senator than to send a letter directly to the officers who interviewed us?

I have officially run out of patience. I know... welcome to the immigration process! But this is SERIOUSLY ridiculous.

My husband arrived in the US in March of 2008 on a K1 visa. We were married in June, and immediately filed his AOS (6/24/08 to be exact). We were interviewed in January of 2009. Piece of cake. They asked us next to nothing- name, social security number, address. That was it. Then we waited.

Exactly 90 days later, when we hadn't yet received a ruling, we filed an official inquiry with USCIS. We received a letter only a few days later telling us the case simply wasn't ready yet- standard answer of "awaiting additional checks". Over the course of the next few months, we made several InfoPass appointments, just to make sure they didn't forget about us. In October, we wrote a letter to our Congresswoman. Within a few days we received a call from the officer who had originally interviewed us, asking us to come in for a second interview. BRING IT ON!

They certainly TRIED to scare us- staring us down, catching us off guard, trying to find discrepancies in our answers, etc. They told us they had attempted to come to our house twice, but we weren't there. Luckily they had sent my husband out of the room so I took the brunt of this. I was NOT scared and was not going to be made out to be some sort of liar or criminal. I answered everything to their satisfaction, and asked in return that they give me the courtesy of LOOKING at the many photo albums we brought (which weren't even opened at the initial interview) that show the entire history of our relationship.

Halfway through the interview, before they had really even talked to my husband, the supervising officer said we could stop. He stated that he believed in the validity of our relationship, and there was no need to continue questioning. He then asked my husband if he'd ever been married before, to which he answered "no". The officer, again trying to use his scare tactics, just stared my husband down, and let him know that this was being investigated. My husband just laughed and was like, "ok". I guess that was supposed to scare him, but it didn't.

During the interview, the officer kept saying we should have a decision within 60-90 days. At the conclusion of the interview, once he decided that he believed us, he changed that timeframe to 7-10 days. It's now been 4 1/2 months and we are officially OVER IT!

My husband and I are in our late 30's. We are nervous to start having children until we know there is nothing that could potentially keep us apart. Is it unreasonable to expect to have an answer by now so we can start a family? I DON'T THINK SO! I told them that there was nothing they could do to keep us apart, and that I would move to Peru if they decided we can't be together in this country, but the truth is we love our life here, and don't want to live somewhere else. We just want to put down our roots and get on with it already.

I'm so sick of the whole concept of someone else getting to decide the direction of my future. And it's beyond unfair that there are so many people breaking rules right and left to live in this country, and those of us playing by the rules are being penalized. It's #######. I'm in the process of drafting a (polite) letter (despite my current state of mind) to the officers who interviewed us (I'm a sneaky girl and managed to get their fax number at the second interview!), and would be grateful for any advice of what to say. I want it to be concise and thoughtful and so persuaive that they can't possibly justify making us wait any longer.

Thanks in advance for any ideas, and to everyone here for their constant support. It's truly comforting to know we're not alone.

We did NOT include jobs where my husband was paid in cash on our application.

They will not approve or deny the visa based on work history. They CAN, however, deny you if you lie on the application. If you cannot prove this work history, I personally feel it's better to leave it off.

My husband and I have just gone through our second interview for AOS. They are looking for anything they can to deny us, despite the fact that we have a loving and legal marriage, and have done nothing but follow the rules from the beginning. They are nit-picking every detail of our application.

It is for this reason that I would err on the side of safety, and only include what you can prove.

Good luck!

Yes- let's not even go there. We have decided it is best for us NOT to allow them in our home based on everything we have read and been told. Other people can choose to do as they like, but this is our decision. I don't want this to turn into one of those threads as that isn't really the point of my post. Thanks to all who have offered helpful advice.

My husband had his AOS interview on January 16, 2009. It was a very easy interview- we had a ton of evidence (most of which the woman didn't even look at) and were asked only very basic questions (name, address, SS number). The officer said everything looked fine on the surface for approval, but that she was still awaiting a couple of routine background checks. For some reason (I honestly believe we were just put on a shelf somehwere and forgotten), we've been waiting in limbo ever since. We have filed official inquiries, gone to several InfoPass appointments, etc., but we're always just told they are waiting on background checks. I contacted our Congresswoman's office a couple of weeks ago, and they inquired on our behalf with the same result.

Well, I just got a call from the officer who interviewed us. She left a message saying that several unsuccessful attempts had been made to contact us (which I found very surprising since we've had no previous messages, letters or e-mails). She said she'd like to interview us a second time. I immediately called back and told her I was very happy to hear from her. She said she thought it would be a good idea for us to meet for a second interview before moving forward with the case. I asked if she could tell me what had caused such a long delay, and she said that they have tried several times to come to our home! Now, I have to tell you that we have been totally prepared for this, and up until about month ago when I read some very compelling arguements against allowing them to enter, we were actually HOPING they would come. My husband and I have since discussed exactly what we would say if they showed up (we've been advised by a lawyer not to authorize entry into our home without a warrant), but the plan has always been to definitely open the door and aknowledge them so they could see that he is there in the house. I told the officer that I was very surprised to hear that they had visited our house as my husband is always at home. She asked if maybe he was afraid to answer the door?! What would he be afriad of??

We made an appointment for a follow-up interview next Thursday. She told me that the office had moved since our last interview- I asked if it was in the same place as the InfoPass appointments as we have been there several times over the past couple of months to inquire about the case- she said she had not been advised of those visits.

On one hand, I'm happy something is finally happening, but on the other hand I am EXTREMELY frustrated right now. I am completely stressed out trying to collect updated bills, statements, photos, etc. We were prepared the first time around, and becuase they didn't bother to complete the case, we now have to go back again with a cloud of doubt hanging over our heads. We're automatically at a disadvantage walking in there as she has some reason to think our relationship may be fraudulent. She doesn't remember that the first time around, it was so obviously NOT a fraud that she didn't bother to ask us anything more than just very basic questions or look at our photo albums. You can say that it should still be just as obvious, but it's nevertheless incredibly daunting.

If anyone has any advice or could tell us what to expect at this second interview, we'd be most grateful. Please cross your fingers for us!!

Thanks,

Jennifer

we had our interview on january 16, 2009, and have received no ruling. we have filed official inquiries, gone twice to infopass, everything. but no ruling. the interview was easy- we had tons of evidence, they asked very few questions, and there didn't seem to be any problem.

we are told they are still waiting on a final "check" (though the infopass people can't seem to tell us what that "check" is). the website doesn't even show that we've had an interview- i truly believe we've been put on a shelf and forgotten. we've just had to reapply for EAD and AP. even with the AP papers, they told my husband (who has a 9 year old son back in Peru) that they don't recommend him traveling until his case is approved!

we were hoping they would pay us a visit at home just to show them it's all valid, but now i'm dreading that possibilty as i've read on VJ that you really shouldn't let them into your house. it's quite a conundrum.

i feel your pain, but it sounds like you may be on your way now. good luck!!!

correct- no fee for EAD or AP when filed in conjunction with I-485. good luck!

Hi Jennifer,

That must be so frustrating! My husband is from Peru too. When we went for our AOS interview the lady told us at the interview that we were approved and the card would be ordered. Did the person at the interview tell you anything about if the case would be approved or not?

We live in Tucson, so maybe different states/offices do things different ways. Good luck!

Natalie

The woman who interviewed us said that everything looked fine on the surface, but she needed to do a thorough review of our file and wait on a couple of standard checks. Since we were leaving the country a couple of days later to visit my husband's family, she said she would call us THAT DAY if she had any questions or needed additional info. We haven't heard a peep since. Jorge re-entered the country with his AP papers a few weeks later. We were never separated or questioned about our personal lives or our home- it was a very basic interview. We have filed a formal inquiry, as well as gone to an Infopass appointment. Nothing. I told the woman at the Infopass appointment that people on VJ were showing same day approval in almost every case- she told me that "hardly ever happens". Like I said... whatever!

Congrats on your approval!!

Make an Infopass appointment again. And do not leave the country until it is all cleared out --- unless you are able to renew the AP+EAD

We definitely don't intend to have him leave without valid AP papers, but I need to know how to complete the forms in order to re-apply.

My husband entered the US on a K1 visa in March of 2008. We were married in June, and immediately filed AOS paperwork. We had our interview in January of 2009, but still have not received a ruling. It's very frustrating b/c the interview was super easy, we had a TON of evidence and photos, and I don't believe they have any reason to doubt the validity of our marriage. We went to an Infopass appointment last week to inquire and were told we hadn't been forgotten- the case just isn't complete yet.

Anyway, my husband's EAD and AP are due to expire in September, so we need to reapply for those things. One of the first questions on the I-131 asks for his "Class of Admission". On the I-765, it asks for "Manner of Last Entry" and "Current Immigration Status". Last time we put "K1 visa" in all these blanks, but I'm not sure if that's still the case since he has now had an interview and his residency is pending. He traveled back to Peru earlier this year and was told by US Immigration upon re-entering the US that he is considered a resident. I'm just confused.

Any idea how to complete these questions?

Also, just a sidenote... the woman at our Infopass appointment told us that, as a general rule, they do not recommend people whose cases are pending leave the US. I asked if there was a maximum amount of time we might be waiting for a ruling, and was told "no". How nice for them to advise husband not visit his son indefinitely until the US Gov't gets its butt on the ball and completes our case. Whatever.

Thanks!

Jennifer

if it was a K1 visa you are fine to wait. i don't know about other visas.

it's worth checking around with several civil surgeons- some charge outrageous prices while others are far more reasonable.

good luck!

you do need to visit a civil surgeon to have the immunization series completed. check around as some offices are incompetent and prices can vary immensely. you can send your AOS application without the completed I693, but you will need to bring that with you to your interview (in a sealed envelope from the civil surgeon).

good luck!

For us it took 8 days, which we thought would be plenty of time, but there was an Easter weekend in there that held things up. We got it the day we were scheduled to leave- pretty scary, but it all worked out. Good luck!

We had the interview for my husband's AOS 6 weeks ago today. It was very easy- we were asked only name, address, phone, and how we met. We were never separated or questioned about our personal life. We had tons of solid evidence and plenty of photos. At the end, we were told that everything looked fine on the surface for an approval, but she needed to do a thorough review of our file and wait for some routine checks. Since then, nothing. No mail, no update to the website, nada. I called and was told we can't submit an inquiry until the processing date at the Denver office passes our application date (June 24)- it says June 4 right now after being on June 2 for weeks.

Does anyone know what might be causing this delay? If you look at the timelines for the Denver office, AOS interviews are being approved the same day in most cases, or at most a few days later. I'm not really worried about being denied as I feel that if there was any doubt we would have been questioned more carefully, but not hearing anything for 6 weeks is making me nervous.

My husband is out of the country and returning this weekend using his AOS papers. This was discussed at the interview and we were told it wouldn't be a problem, but I can't help being concerned about that as well.

When I filed the I129f petition for my then fiance, we made the decision not to bring his 8 year old son to the States as we felt he was better off in Peru with his mother. He was named on the petition (and all subsequent paperwork), but we simply did not pursue getting a visa for him at that time. We are now married and have had our AOS interview (but have apparently slipped through the cracks as we have received absolutely no word for over 3 weeks- oy vey) and are considering bringing the son here sometime in the future. I'm just wondering exactly what we would need to file, and how long we might expect that to take. I do realize we need to wait for the AOS approval first. I'm really just trying to feel it out to see how feasible it would be. We would really love to have him here with us.

Thanks!

Hi All,

I´m really scared and hoping someone can offer some advice. My husband and I had the interview for his AOS 15 days ago. I think it went fine- we were asked only very basic questions (name, address, phone, how we met). We were never seperated, nor were we questioned about details of our home, our personal life, etc. The only weird thing might have been the language issue (he doesn´t speak English and I am not FLUENT in Spanish, but we communicate in basic Spanish and could have easily demonstrated that if it was an issues). At the end of the interview, the woman said that on the surface everything looked fine for an approval, but that she needed to do a thorough review of our file and do some routine checks. She said she would be in touch if she had questions or needed anything else. I let her know that we were scheduled to leave the country 2 days later and and would not be able to get messages from Peru, so she said she would make a point to review the entire case right away, and if we didn´t hear from her that day we should assume she doesn´t need anything more from us.

In looking at other interviews at the Denver office, many people have been approved on the spot. I have also been in contact with another couple who had an interview on the same day as us, and they received their approval a week ago. I have someone checking our mail daily, but nothing has come. Our status on the USCIS website has not changed. I had my friend try to check my voice mail, and she thinks she might have erased one of the messages before hearing it. I don´t know what to do.

I´m freaking out because we are both outside the country right now, and if there is a problem and we are denied they are not going to let him back in. I feel so frustrated right now that someone else is going to decide whether I can be with my love or not- it just isn´t fair. Maybe I´m overreacting, but I´m really really nervous and can´t enjoy myself at all. Is it too soon to worry or am I justified in feeling this way? Any ideas of what I can do? Please help.

Thanks,

Jennifer

Bring original birth certificates, marriage certificate, other applicable certificates (divorce, death, etc.) and passport.

Good luck!

Your doctor should have given you a copy of your vaccination supplement in addition to the sealed envelope you turned over to immigration upon entering the country. You need to take that to a Civil Surgeon and have the information transferred to an I693. I was able to have this done at no charge. You may also need to get additional vaccinations to complete series of shots started in your home country. As long as you had your medical within the last year, you do NOT need another. Some doctors offices are confused about this, so don't let them tell you you do.

For proof of relationship, have your husband add you to his bank account- they can then print something out showing both of your names on the spot. Also if you have shared insurance, especially if you are his beneficiary, get a copy of that from the employer. Other than that bring photos of you together and with eachother's families, correspondence, etc. I had my parents, my boss and my best friend write letters, and am bringing all of our wedding cards. Those are some ideas.

Good luck!!

The I94 will be stapled into his passport upon entry into the US. Do not lose this- it's very important and you will need it again. Congrats and good luck!

My husband, who has a child back in Peru from a previous relationship, has his AOS interview in a couple of weeks. One of the things listed on the letter for him to bring is "Birth certificates for all children of this marriage, and custody papers for your children and for your spouses children not living with you". Is this stating that we need to bring something from his ex-girlfriend, with whom his son lives? They never went through any kind of official proceedings, but they both agree that his son lives with her for now. If this is indeed something we need to bring, what exactly does it need to be? Can it just be a statement from her or does it need to be something more official? The interview is drawing near and there isn't much time. This isn't something we've ever been asked for before. Can anyone offer insight?

Thanks!

I don't think I would worry about it. If you have a driver's license, in addition to your social security card, with the spelling you have used your whole life, you should be fine. If you think about when you change your name after marriage, you change your social security card and your driver's license to make it official. If those things match, then I believe that is your legal identity. If you have a passport with that spelling as well, then I definitely think there will be no problem.

One thing you might consider doing is including your name as it is listed on your BC on the forms when they ask for "other/previous names used".

Good luck!

we got 2 as well

We received the letter with the date for our AOS interview a few days ago. As my husband was scheduled to be away during that time, we changed his plane ticket so we would not miss or have to try to reschedule the interview. He will now be leaving 2 days after the interview, and will be traveling to Peru for 6 weeks to visit his son and family.

Included under the list of things we need to bring to the interview are his Advance Parole documents, which have not yet been used. I'm guessing they are going to reclaim these as he should be able to travel once he receives his green card. But I am now very concerned about the fact that he is going to be leaving the country without proper documentation to reenter. Statistically speaking, the card should come in the mail while he is away (assuming we are approved, which I'm not too worried about), and I should be able to mail it to him in Peru (though that definitely scares me). Does anyone have any insight on this? It's kind of screwy because they give you AP documents to travel before you get your green card, but you are left in limbo and actually have nothing between the interview and the arrival of the green card.

Should we be worried about this? Does anyone think it would be worth it to request to have the card issued at the embassy in Lima? I'm nervous to start changing the process as I'm afraid it will only invite complication and possible delays. Any advice would be most appreciated.

Thanks!