Most important points that the interviewer wants answered

[canuckle 0]

Hello - this is a bit of a poll type question.

From everyones research and experience and even those who have been thru an AOS interview what do you think the most important issues that the interviewer looks at:

- Legitimacy of marriage. Ie) proof of building a life together

- The way or manner the person entered the USA.

- Financial stability of the foreigner

- Work background of alien

My case is that I was an overstay and got married. I do not have an I94 ( I am canadian ) , I have done occasional work in usa ( I have been here 3 years ) , I am happily married and have begun to build a life with my wife.

I guess my question is what is the most important poing or issue in the eyes of the interviewer?

From all my reading and research I think it is: That you have a legitimate marriage and that the couple is building a life together. I hope all the 'other things' like in my case of 1) no I 94, 2) bit of work in usa will be overlooked or forgiven if we can show our marriage is Legit.

I would appreciate others thoughts and opinions.

[2xHollyx2 3]

At my interview the officer was curious about our living situation and if he had bank accounts and bills together.

He didn't ask for paystubs or anything.

They wanted to see pictures and wanted to know how we met and how often we have seen each other.

It took like 5-10 min. He never asked me why I entered on a VWP.

(I had a second interview because he forgot to ask the standart questions like "have u ever been arrested? etc. " )

[pushbrk 12,898]

Hello - this is a bit of a poll type question.

From everyones research and experience and even those who have been thru an AOS interview what do you think the most important issues that the interviewer looks at:

- Legitimacy of marriage. Ie) proof of building a life together

- The way or manner the person entered the USA.

- Financial stability of the foreigner

- Work background of alien

My case is that I was an overstay and got married. I do not have an I94 ( I am canadian ) , I have done occasional work in usa ( I have been here 3 years ) , I am happily married and have begun to build a life with my wife.

I guess my question is what is the most important poing or issue in the eyes of the interviewer?

From all my reading and research I think it is: That you have a legitimate marriage and that the couple is building a life together. I hope all the 'other things' like in my case of 1) no I 94, 2) bit of work in usa will be overlooked or forgiven if we can show our marriage is Legit.

I would appreciate others thoughts and opinions.

It doesn't really matter what is "most important". You must satisfy each critical issue. One thing can kill you but one thing won't save you.

[canuckle 0]

Hello - this is a bit of a poll type question.

From everyones research and experience and even those who have been thru an AOS interview what do you think the most important issues that the interviewer looks at:

- Legitimacy of marriage. Ie) proof of building a life together

- The way or manner the person entered the USA.

- Financial stability of the foreigner

- Work background of alien

My case is that I was an overstay and got married. I do not have an I94 ( I am canadian ) , I have done occasional work in usa ( I have been here 3 years ) , I am happily married and have begun to build a life with my wife.

I guess my question is what is the most important poing or issue in the eyes of the interviewer?

From all my reading and research I think it is: That you have a legitimate marriage and that the couple is building a life together. I hope all the 'other things' like in my case of 1) no I 94, 2) bit of work in usa will be overlooked or forgiven if we can show our marriage is Legit.

I would appreciate others thoughts and opinions.

It doesn't really matter what is "most important". You must satisfy each critical issue. One thing can kill you but one thing won't save you.

Believe me sir - I agree. All elements and criteria must be met.

I have hired a top notch attorney and he has said that often the IO will overlook and has the ability to pass on an absence of a I94 and unauthorized work in the usa. I think it is the IO descretion.

I have prepared and prepared again....i was just now trying to look at this from another angle ...a more subjective angle and see what others feel.

[Eshansmommy 2]

I don't really know, but I entered on the VWP as well, so I hope and pray they won't look at that. Our marriage is legitimate, we have 2 kids together and enough proof to show that so I'm not worried about that part. I never entered with intention to stay, but I have no idea how to proof that, so I just pray it won't matter.

[stoked 0]

Hello, dont worry as i have researched about this as we have the same situation. mine is actually worse because i am not a canadian citizen. I am a canadian pr (didnt come from a VWP country) but i did have a b1/b2 visa but didnt have i94 (which i should have been given when driving through a border). But I was successful in my AOS.

Canadian citizens are normally not issued I94 and only a copy of your passport or birth cert or citizenship card (if i were you, id give all three) will be sufficient in applying for AOS.

Unauthorized work on the other hand is forgiven when married to a USC.

Only answer questions that are asked and its also advisable not to volunteer any information.

Pls note im not a lawyer. this is just based on my experience and what i have researched about crossing from the northern border.

Good luck and all will be well.

[SterlingGirl 1]

I don't really know, but I entered on the VWP as well, so I hope and pray they won't look at that. Our marriage is legitimate, we have 2 kids together and enough proof to show that so I'm not worried about that part. I never entered with intention to stay, but I have no idea how to proof that, so I just pray it won't matter.

Do you still have any proof that, at the time you left your country, you still had ties giving you strong incentive to return there? If you can show that you still had a residence set up when you left, bank accounts, job/school records, etc. I think that should prove that you had no intention of leaving for good, but that circumstances changed and you met the person you wanted to marry.

[July09Bride 1]

I don't really know, but I entered on the VWP as well, so I hope and pray they won't look at that. Our marriage is legitimate, we have 2 kids together and enough proof to show that so I'm not worried about that part. I never entered with intention to stay, but I have no idea how to proof that, so I just pray it won't matter.

Do you still have any proof that, at the time you left your country, you still had ties giving you strong incentive to return there? If you can show that you still had a residence set up when you left, bank accounts, job/school records, etc. I think that should prove that you had no intention of leaving for good, but that circumstances changed and you met the person you wanted to marry.

I agree with SterlingGirl. You don't get to choose when you meet "THE ONE" (unless you're on the TV show, The Bachelor or The Bachelorette (LOL)), so coming to the US and meeting someone, falling in love, getting married, having kids... that's all part of just happens. Hopefully they'll see that's what you have and that when you came here, you have every intention of going back... love just got in the way.

[Old Dominion 26]

The bona fides of the marriage will be of most interest. Usually the USCIS will overlook visa overstays and working without a permit, so long as it was some time ago and not occuring at the time. That is, assuming there are no doubts about the strength of the marriage.

[KPC 0]

Definitely the legitimacy of marriage is the most important thing the interviewer is looking for, that is the whole basis for the interview after all.

Depending on the alien's visa status then also how/why they entered the USA may be important - if the alien entered legitimately on a work or fiance visa then you may not even be asked anything here. Its only in cases where the alien has entered on the VMP or under another non-immigration visa where this will become important.

From our interview we got the feeling that they didn't really pay much attention financial stability or work background - they already have that information on the G325A's and affidavit of support, we were merely asked to confirm that the details were correct.

[Cino 5]

2 most important things they look at are :

1) HOW HAVE YOU ENTERED TO THIS COUNTRY ? (WITH INSPECTION OR WITHOUT)

IF WITHOUT, YOU CAN NOT APPLY WITHIN THE US (IT DOES NOT MATTER EVEN IF YOU'RE MARRIED TO USC).

IF WITH & ASSUMING THAT YOU'RE MARRIED TO USC, YOU CAN APPLY FOR AOS &

IT DOES NOT MATTER IF YOU'VE OVERSTAYED AND/OR WORKED UNLAWFULLY !.....

2) BONA FIDE OF YOUR ONGOING MARRIAGE & ALL SUPPORTING DOCUMENTS & EVIDENCES.

HERE IS MY TIMELINE :

I-130 mailed 01/13/09

I-130 received by USCIS 01/16/09

NOA1 Mail for I-130 received 01/22/09

I-485 Package mailed 02/17/09

I-485 Package received by USCIS 02/20/09

NOA1 Mail for I-485 & I-765 received 02/26/09

NOA2 e-mail for I-130 Approval 03/03/09 (47 Days)

NOA2 Hard Copy of I-130 Approval received 03/07/09

Biometrics App. Mail Notice received 03/09/09 (App. Date 03/24/09)

NOTE : I DID NOT APPLY FOR I-131 (AP).