Taking an attorney to the AOS interview

[pegbert64 0]

I am new here, and apoligize if this has already been answered, but I couldn't find it in another thread.

I am a CS married to a USC.

We have our AOS interview this coming Monday at the new offices in Durham, NC. Our attorney asked if we want her to go with us (for a fee, of course!) I asked her if it was advisable, and she said that they can look at it either way, depending on the interviewer you get: either you are very serious about your case, or you are expecting something bad to happen! UUGGHH!

A little background:

I entered the US, with my relative, via car. Our passports were examined, but not stamped. I was also not issued an I-94 (normal for Canadians). (I do have a sworn and notarized affidavit from my relative, stating the make, model and plate number of the vehicle we were in, the day we crossed, and the point of entry, as well as the fact that both our passports were examined, but not stamped.)

I had met my now-husband once, on a previous visit to NC, but we were still just 'distant friends' at the time (he was living in NY, just passing through NC.) I still owned a house in Canada, paid Canadian taxes, had medical insurance, bank accounts and investments at home, etc. I told the inspecting agent that I was going to stay with friends in NC for the summer (the truth). I had been to NC many times before, to stay with friends, but always maintained my residence in Canada. My now-husband and I kept in touch via email and telephone (of which I have copies).

During my current visit to NC, my now-husband got a job offer in NC (2 hours from where I was staying!), which facilitated our face-to-face dating. Obviously, we fell in love and by the end of the summer we were talking about marriage. We were engaged in early December, and married in May 2007. Yes, I overstayed the VWP six month rule, but only because I was madly in love and wanted to stay with the person I knew that I was now going to spend the rest of my life with!

We have oodles and oodles of evidence for the marriage... photos, insurance policies, bank accounts, investments, notarized affidavits from friends and our pastor, tons of cards from family and friends, airline tickets from our visit to his family, tickets from concerts, weekend trips we took, etc., and saved emails from each other when we first started "cyber dating". And of course our wedding album!

Sooooo...... my question is this: is there a reason, based on the above, why we would need to have an attorney present? To me, it seems like a simple case. If they are going to question my "intent", or the validity of our marriage, they will do that whether an attorney is present or not. Right? On the other hand, if it is the usual thing to do, and others have found it helpful to take and attorney, then obviously we'd gladly pay to have her attend the interview with us. We've come this far to mess up now!!!

Thoughts? Any suggestions would be greatly appreciated.

Thanks!

[emerce 0]

Actually I am in the same situation as you right now. I'd like to know what everyone thinks because as of right now I wasnt planning on having a lawyer, a lot of people on here have commented to me. If you look at my profile and my posts and look at my post "amendment to faq and guides?" you may get help from the answers people gave to me.

Best of luck!

Erin

[Heliosphan 1]

I don't see a reason too. If anything it'll put the IO on guard (if they're liable to be more relaxed with your case).

If everything is in order I'd go it alone. If you have reservations about your case and think the presence might help a particular bump like an overstayed visa or something then take the lawyer.

[pegbert64 0]

Thank you for the thoughts. We let our attorney know this afternoon that we will handle the interview on our own. She has done all she can to prepare us; since our marriage is VERY real, and we have all kinds of stuff and affidavits to attest to this, we don't think that having an attorney present will add anything to our presentation - in fact, it may even harm it, as if we feel we NEED an attorney for some reason.

My thinking is that if, with all we have to provide, they find some obscure reason not to approve us, they will do that whether an attorney is present or not.

We will be interviewed at the new office in Durham NC, so I will post our experience once we're back home. Wish us luck - and prayers are alway welcome!!!

[klik4it 0]

i think having a lawyer is really unnecessary unless there is something glaringly obvious that might need a lawyers help.

a little background...

i entered the US on a F1 visa in august 2002. i stopped going to school in december 2004, at which time i moved in with my GF at the time. i was out of status thereafter(jan 20005 onwards). my gf and i got married in sept 2007, so i was in effect overstaying by 2yrs and 8 months. i applied for aos in feb 2008. we went to the interview without our lawyer. everything went great and i got my conditional GC(since less than 2 yrs married) just this monday( interview on 5/28/2008).

overstay is forgiven once you are married to a USC and have applied for AOS.

for evidence we had about 40 photographs(got married in court so just 2 photos of the marriage), health insurance papers, bank account information, 2 utility bills, marriage certificate with her parents as witnesses, and affidavit from her parents.

i also had phone bills and travel receipts from when i travelled to see my GF in 2004 and phone calls we had, but i didnt show them because they are basically just evidence that you met and talked to the person. so its ur call about showing phone records etc.

Edited June 11, 2008 by klik4it

[Heliosphan 1]

Thank you for the thoughts. We let our attorney know this afternoon that we will handle the interview on our own. She has done all she can to prepare us; since our marriage is VERY real, and we have all kinds of stuff and affidavits to attest to this, we don't think that having an attorney present will add anything to our presentation - in fact, it may even harm it, as if we feel we NEED an attorney for some reason.

My thinking is that if, with all we have to provide, they find some obscure reason not to approve us, they will do that whether an attorney is present or not.

We will be interviewed at the new office in Durham NC, so I will post our experience once we're back home. Wish us luck - and prayers are alway welcome!!!

Best of luck, you really have nothing to worry about at all. It's on them to prove it's not real anyway, and you know it is. Let us know every excruciating detail

[Heliosphan 1]

i think having a lawyer is really unnecessary unless there is something glaringly obvious that might need a lawyers help.

a little background...

i entered the US on a F1 visa in august 2002. i stopped going to school in december 2004, at which time i moved in with my GF at the time. i was out of status thereafter(jan 20005 onwards). my gf and i got married in sept 2007, so i was in effect overstaying by 2yrs and 8 months. i applied for aos in feb 2008. we went to the interview without our lawyer. everything went great and i got my conditional GC(since less than 2 yrs married) just this monday( interview on 5/28/2008).

overstay is forgiven once you are married to a USC and have applied for AOS.

for evidence we had about 40 photographs(got married in court so just 2 photos of the marriage), health insurance papers, bank account information, 2 utility bills, marriage certificate with her parents as witnesses, and affidavit from her parents.

i also had phone bills and travel receipts from when i travelled to see my GF in 2004 and phone calls we had, but i didnt show them because they are basically just evidence that you met and talked to the person. so its ur call about showing phone records etc.

That was a really quick process!

[Carlawarla 1]

Best wishes on your interview. Looking forward to hearing about how the interview went!

[Kathryn41 3,205]

I agree, it doesn't sound like a lawyer is necessary. It sounds like you are well prepared and I expect your interview will be a piece of cake. Good luck and let us know how it goes.

[JaEnglishGirl 34]

I really don't think you need a lawyer...If YOU do, who DOESN'T!!

Hoping you have a smooth interview

[kiddhan273 0]

When My wife and I went to the interview we didn't take our lawyer with us. My wife had overstayed by 18 years. She came to the country when she was 10.

The immigration lawyer actually laughed at us and said I am surprised you guys even hired a lawyer. You guys seem know what your talking about and your case is straight forward. She said most people panic and hire lawyers. When in actuality all lawyers can do is "observe" when they are at the interview.

Long story short we didn't feel a need to take our lawyer.

[Stillness 0]

While we hired a lawyer she didn't go to the interview with us. She doesn't go for any of her clients, possibly a combination of the long drive and thinking it is unnecessary. We were just fine, they didn't even ask about or mention my overstay in the interview.