1st AOS denied, interview for 2nd AOS next week

[Mama Africa 0]

Hi All,

My husband and I will be attending our AOS interview next week. He was previously married to a US citizen in 2003 and did not file his paperwork until 2005. Their interview was in 2006. They were not asked for any additional information but were told a decision would be made in 180 days. (He admits to not being adequately prepared in terms of bringing adequate documents). There was no word from USCIS until 2008 when they asked him to go for fingerprinting early in the year than called him for another interview in September 2008. (no indications that this was a stokes interview) By then, several things had happened. He had started having problems with his ex-wife in late 2006 with a final separation in March 2007. We met at the beginning of 2008 and then got engaged in August of that year and subsequently married in December. He did not initiate divorce proceedings against his ex-wife until August 2008 (as he was filing under the 18 month separation clause) and it was finalized in December 2008. Meanwhile, he did not go for his second September interview as his marriage was obviously over. What followed was a denial letter in October for being a "no-show" and the standard language to file a MTR (obviously he could not as he was in the process of divorce) or leave the country within 30 days. The letter specifically said that they were not initiating removal proceedings against him at that time. Both marriages were/are real but the timing may raise a red flag. We have tonnes of evidence, joint accounts, joint tax returns, joint life, medical and auto insurance, lease with both our names, hundreds of pictures with our friends and family, etc. Our wedding was a small courthouse once as we were incurring several expenses at that time and could not afford a big wedding (such as moving costs- we were moving apts, filing fees, etc). We plan to have a bigger one soon.

Is there any reason for us to worry given that he has a previous AOS denial?

[Bobby+Umit 161]

So he didn't MTR after the divorce, or leave in the 30 days as the letter stated, but turned around and married you afterwards?

Do you have a lawyer helping you?

[Mama Africa 0]

So he didn't MTR after the divorce, or leave in the 30 days as the letter stated, but turned around and married you afterwards?

Do you have a lawyer helping you?

No lawyer. Wedding date of December was set before even the second interview request came and the divorce was put in motion even before the interview. The timing is what bothers us.

[Bobby+Umit 161]

So he didn't MTR after the divorce, or leave in the 30 days as the letter stated, but turned around and married you afterwards?

Do you have a lawyer helping you?

No lawyer. Wedding date of December was set before even the second interview request came and the divorce was put in motion even before the interview. The timing is what bothers us.

I would recommend a lawyer.

They may not allow the AOS since he was technically suppose to leave the country for the first AOS denial, and didn't do anything about it. So they could look at your marriage as a way to avoid deportation.

A lawyer would be able to advise you better.

[Mama Africa 0]

So he didn't MTR after the divorce, or leave in the 30 days as the letter stated, but turned around and married you afterwards?

Do you have a lawyer helping you?

No lawyer. Wedding date of December was set before even the second interview request came and the divorce was put in motion even before the interview. The timing is what bothers us.

I would recommend a lawyer.

They may not allow the AOS since he was technically suppose to leave the country for the first AOS denial, and didn't do anything about it. So they could look at your marriage as a way to avoid deportation.

A lawyer would be able to advise you better.

I believe he is still eligible despite not leaving as he was not under removal proceedings. I know three people who have had previous denials due to abandonments of the first AOS application and were still approved on their second AOS applications with different spouses even after staying for over 2-3 years after being asked to leave. I think we will talk to a lawyer just in case and get an opinion.

[Eric-Pris 1,606]

Luckily for you I'm not an IO officer because it sounds to me like he's avoiding deportation.

[Mama Africa 0]

I think we should be fine. We will consult a lawyer though. One thing that I forgot to mention was that his I-130 for the previous case was approved on the day of the interview. It seems to me that someone misplaced his I-485 file for a couple of years and then found it which is why they sent him a fingerprinting request like it was a new application and then sent another regular interview request. We are confident that we have sufficient evidence for this second AOS but we will go with a lawyer so as ensure that no illegal questions are asked.

[rebeccajo 14]

Luckily for you I'm not an IO officer because it sounds to me like he's avoiding deportation.

That's really uncallled for.

[sasaqlain 24]

Go with confidence if you are true at heart. I seen the worst of cases accepted, and the best of them rejected. You never know. Be prepared and leave the rest to fate.

My best wishes.

PS: I personally hate lawyers involvement since in order to squeeze a fee out of you, they'll tell you what you want to hear, but at times, and in a twisted matter as yours, it wouldn't hurt to part ways with some precious Dollars. Leeches are at times used to cure blood cancer:)

[jsnearline 2]

The instructions for the I-485 appear to have been tightened up a bit since my wife adjusted. They now say that an applicant is not eligible to adjust status if their authorized stay expired prior to filing the application. It wounds like his authorized stay would have expired a long time ago.

I'd talk to a lawyer for sure.

[Mama Africa 0]

The instructions for the I-485 appear to have been tightened up a bit since my wife adjusted. They now say that an applicant is not eligible to adjust status if their authorized stay expired prior to filing the application. It wounds like his authorized stay would have expired a long time ago.

I'd talk to a lawyer for sure.

Thanks. I am aware of that limitation on the eligibility to adjust but several exceptions apply and one of them is marriage to a U.S. citizen. That's why even overstays who apply for the first time are permitted to adjust so long as the marriage is to a U.S citizen.

[jsnearline 2]

However, if I read your post correctly, that this would be his second attempt at adjusting as an overstay via marriage to a USC. USCIS could very well see this as a red flag of potential fraud. So, I would consult an immigration lawyer about your situation.

[juliaS 0]

I have been married twice within few months...But I never filed for AOS with my first husband...When I had interview last month with my current husband, the officer asked a lot of questions about prior marriage...He was really suspicious about that....We got approved anyway...Just bring a lot of bona fide marriage documents: pictures, health, life, auto insurance, bills on both names, cell phones bills to show that you call each other....Be prepared!!!!!! Here is list of questions they can ask...

InterviewFAQ_1_.doc

[It's me 1]

I have been married twice within few months...But I never filed for AOS with my first husband...When I had interview last month with my current husband, the officer asked a lot of questions about prior marriage...He was really suspicious about that....We got approved anyway...Just bring a lot of bona fide marriage documents: pictures, health, life, auto insurance, bills on both names, cell phones bills to show that you call each other....Be prepared!!!!!! Here is list of questions they can ask...

Good info! i wish you the best

[omollo 0]

you need an attorney- I know it is costly but it will cost you more if - he is detained at the interview

Even though you have all the evidence needed - if you get a bad IO- the previous AOS- will play a big part

check AILA- and consult an attorney

Good Luck