Interviewed, and concerned

[M1234 0]

Hi everyone, I'm new, but have lurked for a very long time.

My husband and I had our AOS interview 3 days ago. My son and I are Canadian, husband is the USC. The interview started with her swearing us in, then asking a couple of things and then she asked my husband and son to wait in the waiting area while we talked.

She said the "issue" is that my divorce was finalized 2 days after my arrival in the US. To be honest, it was a coincidence because we thought it could take up to a year. I explained to her that we thought it could take a long time... but didn't. She asked lots of things, things I hadn't thought about in 10 years and I got very nervous. Things like did I meet my ex husband right after the previous relationship.

I am concerned because I told her my ex husband and I had been separated 2 years at the time of divorce but when I looked back it was actually only 18 months. It was in 2005, divorce in 2007, so I said 2 years. She didn't seem to believe me when I spoke about things, even though I was totally honest. She asked for no evidence of marriage during the interview. I was so nervous and I was very intimidated so I rambled a bit.

She asked my son where he lives, what his phone number is, where his dog lives. What school he goes to. She found the fact DH bought the house 45 days before we came suspicious even though his parents had encouraged him to buy for months and months.

She photocopied my papers of my charge that was stayed then wiped off my record 11 years ago, and one picture of us and our ID's. She said we'd need an advance parole to travel with a pending AOS and she made sure we hadn't left the US since arriving. She then asked my husband as we were leaving if we has consummated the relationship.

Then said "thank you" and that was all. I asked what I do now, do I just wait? I was told just yes.

What do you guys think? Should I worry?

[YuAndDan 153]

Yes this is an issue, if filed for K-1 visa you need to be free to marry, and that is not until after divorce is finalized, you cannot file I-129F until being free to marry. Looks like CIS officer caught that.

[M1234 0]

We didn't file for K-1. We were visiting here, with no visa because we're Canadian and don't need one to visit. We didn't intend to stay. We came to visit and while visiting the first week my divorce was finalized back in Canada. I didn't know it had been finalized for another few weeks, when they mailed me the papers, and my grandmother called to tell me they had come in the mail.

Edited January 31, 2008 by M1234

[YuAndDan 153]

We didn't file for K-1. We were visiting here, with no visa because we're Canadian and don't need one to visit. We didn't intend to stay. We came to visit and while visiting the first week my divorce was finalized back in Canada. I didn't know it had been finalized for another few weeks, when they mailed me the papers, and my grandmother called to tell me they had come in the mail.

AOS interview from a visa that does not have immigrations intent can be subject to higher levels of scrutiny than an AOS interview from a K-Visa.

[Dylan 0]

We didn't file for K-1. We were visiting here, with no visa because we're Canadian and don't need one to visit. We didn't intend to stay. We came to visit and while visiting the first week my divorce was finalized back in Canada. I didn't know it had been finalized for another few weeks, when they mailed me the papers, and my grandmother called to tell me they had come in the mail.

When you entered to visit, did you not have a job and an apartment of your own to return to?

[M1234 0]

We didn't file for K-1. We were visiting here, with no visa because we're Canadian and don't need one to visit. We didn't intend to stay. We came to visit and while visiting the first week my divorce was finalized back in Canada. I didn't know it had been finalized for another few weeks, when they mailed me the papers, and my grandmother called to tell me they had come in the mail.

When you entered to visit, did you not have a job and an apartment of your own to return to?

No, I had just moved and was staying with family. I hadn't worked in a long time. None of it mattered to me back then because I visited intending to go home. It just happened that my husband asked me to marry him when I was here and I extended the visit, and then we ended up filing here. Up until we filed, we had not decided whether to file in the US or with us in Canada. We only filed here because by then my son was very attached to him, and we felt so at home with him. We were afraid to be separated for years possibly.

Edited January 31, 2008 by M1234