Possible denial of AOS

[helzie 0]

My husband has a record. Many arrests for petty theft in the UK and only one conviction. We have always been honest and we applied for the k3 in London and he received the visa and moved here. We went for our green card interview today and they told him that they needed to have 2 to 3 weeks to decide because of his record.

I have a few questions:

1. He asked my husband for the original police document and court form regarding his arrests and conviction. Well, when I sent the I 485, it asked me to send the originals, so I did, and I kept a copy for myself. How were we supposed to know we needed more than 1 original? It would be quite hard to get another original while we are both here in the US, but it might be possible. Why would they ask for it when they already have it?

2. If he is denied, and we choose to appeal, can he stay here during the appeal, or does he have to leave and then wait for the decision? His k3 expires on 2nd May, but he has a work permit until next year.

this is very frustrating and any help from anyone woruld be wonderful.

Thank you

[Bobby+Umit 161]

My husband has a record. Many arrests for petty theft in the UK and only one conviction. We have always been honest and we applied for the k3 in London and he received the visa and moved here. We went for our green card interview today and they told him that they needed to have 2 to 3 weeks to decide because of his record.

I have a few questions:

1. He asked my husband for the original police document and court form regarding his arrests and conviction. Well, when I sent the I 485, it asked me to send the originals, so I did, and I kept a copy for myself. How were we supposed to know we needed more than 1 original? It would be quite hard to get another original while we are both here in the US, but it might be possible. Why would they ask for it when they already have it?

2. If he is denied, and we choose to appeal, can he stay here during the appeal, or does he have to leave and then wait for the decision? His k3 expires on 2nd May, but he has a work permit until next year.

this is very frustrating and any help from anyone woruld be wonderful.

Thank you

They may not realize they have the actual original. That is weird, normally you send in "copies" not originals. What asked you to send that in? (not that it really matters, but I like getting all the facts).

They he accept your copies?

Here is info on the appeal process:

Appeal on the USCIS site

[helzie 0]

My husband has a record. Many arrests for petty theft in the UK and only one conviction. We have always been honest and we applied for the k3 in London and he received the visa and moved here. We went for our green card interview today and they told him that they needed to have 2 to 3 weeks to decide because of his record.

I have a few questions:

1. He asked my husband for the original police document and court form regarding his arrests and conviction. Well, when I sent the I 485, it asked me to send the originals, so I did, and I kept a copy for myself. How were we supposed to know we needed more than 1 original? It would be quite hard to get another original while we are both here in the US, but it might be possible. Why would they ask for it when they already have it?

2. If he is denied, and we choose to appeal, can he stay here during the appeal, or does he have to leave and then wait for the decision? His k3 expires on 2nd May, but he has a work permit until next year.

this is very frustrating and any help from anyone woruld be wonderful.

Thank you

They may not realize they have the actual original. That is weird, normally you send in "copies" not originals. What asked you to send that in? (not that it really matters, but I like getting all the facts).

They he accept your copies?

Here is info on the appeal process:

Appeal on the USCIS site

The instructions for the I-485 specifically ask that you send the original of the arrest record so that is why I did it.

The weird thing is is that the interview was not with me, the USC and my husband, but just my husband. I didn't expect this at all, so my husband went in there with both the copies of the papers and the originals. I did take a copy of the arrest record and I put it with the original of the receipt (for when he paid for the record in England). Well, he asked my husband for the original and my husband thought the copy of the record attached to the original receipt (for when he paid for the record in England) WAS the original of all documents. I think he must think he received the original, but when he looks closer, he will see it is a copy of the arrest record, attached to the original receipt for the payment of the arrest record.

Needless to say, if I would have been there as I expected, I would have been able to explain everything, but I didn't even think to tell Tom as I thought it would be both of us.

Hope this is clear and doesn't confuse you further!

[Bobby+Umit 161]

My husband has a record. Many arrests for petty theft in the UK and only one conviction. We have always been honest and we applied for the k3 in London and he received the visa and moved here. We went for our green card interview today and they told him that they needed to have 2 to 3 weeks to decide because of his record.

I have a few questions:

1. He asked my husband for the original police document and court form regarding his arrests and conviction. Well, when I sent the I 485, it asked me to send the originals, so I did, and I kept a copy for myself. How were we supposed to know we needed more than 1 original? It would be quite hard to get another original while we are both here in the US, but it might be possible. Why would they ask for it when they already have it?

2. If he is denied, and we choose to appeal, can he stay here during the appeal, or does he have to leave and then wait for the decision? His k3 expires on 2nd May, but he has a work permit until next year.

this is very frustrating and any help from anyone woruld be wonderful.

Thank you

They may not realize they have the actual original. That is weird, normally you send in "copies" not originals. What asked you to send that in? (not that it really matters, but I like getting all the facts).

They he accept your copies?

Here is info on the appeal process:

Appeal on the USCIS site

The instructions for the I-485 specifically ask that you send the original of the arrest record so that is why I did it.

The weird thing is is that the interview was not with me, the USC and my husband, but just my husband. I didn't expect this at all, so my husband went in there with both the copies of the papers and the originals. I did take a copy of the arrest record and I put it with the original of the receipt (for when he paid for the record in England). Well, he asked my husband for the original and my husband thought the copy of the record attached to the original receipt (for when he paid for the record in England) WAS the original of all documents. I think he must think he received the original, but when he looks closer, he will see it is a copy of the arrest record, attached to the original receipt for the payment of the arrest record.

Needless to say, if I would have been there as I expected, I would have been able to explain everything, but I didn't even think to tell Tom as I thought it would be both of us.

Hope this is clear and doesn't confuse you further!

Ah - I see.

You could of sent "court certified copies or originals", since you fell under Section B of what to submit.

But no matter - Did the interviewer accept what you had? or did he say to get an original and bring it in? I'm not clear on that. (i mean they are considering the case now?)

[helzie 0]

My husband has a record. Many arrests for petty theft in the UK and only one conviction. We have always been honest and we applied for the k3 in London and he received the visa and moved here. We went for our green card interview today and they told him that they needed to have 2 to 3 weeks to decide because of his record.

I have a few questions:

1. He asked my husband for the original police document and court form regarding his arrests and conviction. Well, when I sent the I 485, it asked me to send the originals, so I did, and I kept a copy for myself. How were we supposed to know we needed more than 1 original? It would be quite hard to get another original while we are both here in the US, but it might be possible. Why would they ask for it when they already have it?

2. If he is denied, and we choose to appeal, can he stay here during the appeal, or does he have to leave and then wait for the decision? His k3 expires on 2nd May, but he has a work permit until next year.

this is very frustrating and any help from anyone woruld be wonderful.

Thank you

They may not realize they have the actual original. That is weird, normally you send in "copies" not originals. What asked you to send that in? (not that it really matters, but I like getting all the facts).

They he accept your copies?

Here is info on the appeal process:

Appeal on the USCIS site

The instructions for the I-485 specifically ask that you send the original of the arrest record so that is why I did it.

The weird thing is is that the interview was not with me, the USC and my husband, but just my husband. I didn't expect this at all, so my husband went in there with both the copies of the papers and the originals. I did take a copy of the arrest record and I put it with the original of the receipt (for when he paid for the record in England). Well, he asked my husband for the original and my husband thought the copy of the record attached to the original receipt (for when he paid for the record in England) WAS the original of all documents. I think he must think he received the original, but when he looks closer, he will see it is a copy of the arrest record, attached to the original receipt for the payment of the arrest record.

Needless to say, if I would have been there as I expected, I would have been able to explain everything, but I didn't even think to tell Tom as I thought it would be both of us.

Hope this is clear and doesn't confuse you further!

Ah - I see.

You could of sent "court certified copies or originals", since you fell under Section B of what to submit.

But no matter - Did the interviewer accept what you had? or did he say to get an original and bring it in? I'm not clear on that. (i mean they are considering the case now?)

I guess I didn't even think that it would be a problem as why would the place I sent the originals to request them again? I know they lose things, but I just didn't think that this would happen. Maybe they don't even know that they request originals of the arrest record in the main application and they are so used to asking for originals that he just did out of habit. But another question is why woudl they take the originals anyway? It says on the letter for the interview that you need to have copies and originals and they will only take copies and look at the original documents. Oh, now that I think about it more, it seems this guy was a complete moron. He said he was very late and seemed distracted. Coudl work for us or against us, I guess.

Anyway, he accepted what my husband gave him, but I think that he thinks they are the originals. No worries though, I am sending a letter explaining everything and will have it signed for. It would make me feel better that if the denial does come through, it won't be on a stupid technicality that was not our fault.

Yes, they are considering it now, so no approval or denial yet.

I did look on the site but it does not say anything about whether or not you are allowed to stay if you are appealing. I can't find the info anywhere else on the net either and I would hate to have to ring them up to find out as they have never been very helpful.

[Bobby+Umit 161]

Ah - if he accepted the copies from your husband, I wouldn't worry about that.

If they don't like them - they will either send RFE or ask you to come in for another interview I think.

You will have a time period to appeal the decision, and from my understanding, he can stay while in the appeal process.

If you need to appeal, I would recommend a lawyer at that point, no point in winging it at that point.

[helzie 0]

Ah - if he accepted the copies from your husband, I wouldn't worry about that.

If they don't like them - they will either send RFE or ask you to come in for another interview I think.

You will have a time period to appeal the decision, and from my understanding, he can stay while in the appeal process.

If you need to appeal, I would recommend a lawyer at that point, no point in winging it at that point.

We now have an update on this:

We have received an RFE for originals of the police history. this is just insane, they already have it with the original application as that is what is required when you send in the I485. It will take us much longer to get another copy now that we are here in the USA and not in England.

They have also requested memorandums of the cautions! There is no memorandum because it is a caution, not a conviciton, so I can't give them anything. Does anyone have any suggestion? This is really insane...