AOS question

[SnoopyTN 0]

Hello,need some advice,mailing my AOS package in soon,I think I have all the documents,one thing I'm confused about is that some people are also mailing in proof of relationship like joint bank account statements-house bills in both names...now I always thought you save those kinds of things for the interview itself?..do i send those kinds of things in with the AOS package or wait for the interview to show them?..thanks for any help..

[Mononoke28 135]

Hello,need some advice,mailing my AOS package in soon,I think I have all the documents,one thing I'm confused about is that some people are also mailing in proof of relationship like joint bank account statements-house bills in both names...now I always thought you save those kinds of things for the interview itself?..do i send those kinds of things in with the AOS package or wait for the interview to show them?..thanks for any help..

This question should be moved to the AOS forum but here's my 2 cents. Send copies of all the evidence you have now because not everybody needs to interview to have their AOS case approved. If you send everything you have now, you may have a greater chance of an approval without having to interview with them.

Diana

[Bobby+Umit 161]

Moved from K-1 to AOS - AOS related.

[belinda63 3,038]

Well we didn't send any proof other than the marriage certificate but we started collecting things. Low and behold he got his green card with no interview. Wouldn't hurt to send some but I don't see a need to.

[HeatDeath 430]

Many people put extra relationship evidence, substantially above and beyond what is requested by the I-129F instructions, in their I-129F petition packet. This practice is called frontloading. The reason they do this is because many of the more difficult consulates employ their discretion to actively ignore any evidence brought by the beneficiary to the visa interview. The consulates are, however, required by law to examine and take into account any evidence that arrives with the approved I-129F petition. Including evidence with the petition cause it to be sent through to the consulate, and this then forces the consulate to consider it when deciding to award the visa. "Frontloading the petition" can be a very important tactic to getting a visa from a difficult consulate, even though it has no impact on whether or not the petition is approved.

When you apply for AOS, the process is very different from the I-129F petition->consulate visa application process. USCIS does the adjudication, not a separate government department whom you lack direct access to [the Department of State, who run the consulates/embassies.]and who must sometimes, depending on the beneficiary's country or origin, be literally forced to consider relevant evidence. Accordingly, There is no need whatsoever to frontload an AOS application. Unlike the Department of State, USCIS will virtually always fairly consider any and all evidence brought to the interview, if they request one. Also unlike the DoS, USCIS treat applicants from all countries the same. You may have a more or less complicated or suspicious individual case, but USCIS does not seem to divide the world into high-fraud and low-fraud countries the way the DoS does.

While it may seem reasonable to suppose that sending additional evidence with an AOS application may increase the chances of not having an interview, this does not seem to be the case. In my own case, and this holds true for many others', I sent only what was requested by the letter of the instructions of the I-485. I received no RFEs, and was approved in less than 90 days with no interview. This is not uncommon. the primary determining factor of whether or not a person receives an AOS interview seems to be how backlogged their local office is compared to the California Service Center. If your local office is more backlogged than the CSC, your case will be transferred there, and you will not have an interview. If your local office can process your case faster, it will remain there, and they will probably interview you. There really doesn't seem to be any more to it than that.

The proofs of relationship requested for the AOS interview are the sorts of things that can really only be generated by several months of married life anyways. A couple filing AOS immediately upon returning from their honeymoon (the typical ideal case for K-1ers) would be hard pressed to have accumulated any real relationship evidence (beyond wedding and honeymoon photos and receipts) by that point anyways.

For these reasons, there is no need whatsoever to send relationship evidence (beyond the marriage certificate specifically requested by the I-485) with your AOs packet. Don't worry about it.

Edited August 20, 2010 by HeatDeath

[joevegas 67]

Thanks,very helpfull,appreciate it

[VanessaTony 3,567]

Agree with HeatDeath but just wanted to add...

SOME of the people AOSing are doing so from visas that AREN'T Ks. This means they submit an I-130 which REQUIRES all that relationship evidence. As a K1 you don't submit an I-130 and no relationship evidence is needed when filing. However you will need it IF you get an interview (another thing different from the other AOS'ers is you stand a chance of NO interview, they always WILL have an interview).

**Edit - I also sent only what was required (AOS thread in my signature) and was approved in less than 90 days no RFE's and no interview.

Edited August 21, 2010 by Vanessa&Tony