Interview for AOS from Viisitor Visa

[CanTex 1]

We have our interview this week. We have provided Court documents, I have received my

EAD and SSN. What is the standard operating procedures for us now? Will we get approved,

denied on the I-485, I-130, NOID or is there anything that we can be informed of for this

process?

[CanTex 1]

I have been following these threads and thought that I would ask some more questions

1. We have our interview this week with USCIS;

2. Filed at the end of June for AOS and have received EAD and AP;

3. Do we have an approval to look forward to or will it/can it be a

denial, NOID or what???

We are set for duplicates of documents that we sent with the initial documents.

Anything else we should bring?

Thanks for any experience.

[Kathryn41 3,205]

duplicate thread moved from Imbra Special topics forum and merged with existing thread in AOS from Work, Student & Tourist Visas forum. It is not necessary to post the same request in more than one forum and the involvement with the Adam Walsh Act is noted in thread sub-title. The actual issue, however, is the AOS.

CanTex, you have K-1 indicated in your profile but you state in your thread title that you are adjusting from a Visitor's VIsa. Which is it?

[JimVaPhuong 4,863]

The I-130 cannot be approved without a waiver for the AWA conviction. If the I-130 is not approved, then the I-485 cannot be approved. Did you submit a waiver application? I presume the USC is your husband. Was he called in for biometrics? Do you have a lawyer?

[kazuava 4]

We have our interview this week. We have provided Court documents, I have received my

EAD and SSN. What is the standard operating procedures for us now? Will we get approved,

denied on the I-485, I-130, NOID or is there anything that we can be informed of for this

process?

Did you get NOID or RFE already? Had you replied it, if you did, when?

Don't worry about waiver, that doesn't have to be a separate form. All AWA cases at some point will go through NOID step. If after reply, I130 is approved, that is a waiver: your husband/fiance is accepted as immediate relative who is ELIGIBLE to apply for you. So...

As for us, 1st we got an interview, then, a YEAR later NOID. What was a result of interview... For us, none. An officer stated after talking to both of us, that she can't make a decision and we will get RFE over the mail, but that never happened. So, after months of waiting I did my 1st Infopass and soon after that got NOID. Calls to Infosenter didn't do any good (for many people they work, though).

In my humble oppinion, interview is a good news! if you haven't got NOID yet and haven't replied, denial is unlikely. I was folowing peoples timelines, some get interview before getting NOID, some after. Hopefully, you will get your NOID in hand right in the end of interview, like it happened to us the 1st time we applied, so it will save you time! Otherwise, if you don't get abything soon after interview, achedule Infopass or make a service request!

THey look more on your reply for NOID than on Interview, and I believe, interview is not nessesary for being denied, based on not providing enough evidence of petitioner not being a threat.

If you replied on your NOID already, than I would think, interview is always a good news as well! They haven't denoed you right away and want to talk. So, they feel like there is something to talk about!

I hope it will help a little.... Also, prepare to be strong. They nay be harsh on interviews. Both times I felt like I was treated like a ... (I'm a benefisiary), but some people I'm in touch with had an opposite experiense, and even said that officer was in fact helpfull in getting an idea what next.

God give you a nice interviewer! And good luck to you!!!

Edited October 12, 2010 by kazuava

[CanTex 1]

Back from our interview yesterday. IO was very nice. He indicated that he had never dealt with an AWA application.

Altough we provided a copy of court documents, he gave us an RFE and wanted certified copies and anything else that

was on the template RFE that he gave us. That, as we all know, are copies of any counselling, etc. Also he wanted

fingerprinting of my spouse. He made us an appointment for 15 minutes after our interview and we went across the street

to the biometrics department and had that done. So I've got that all gathered and will be sending it back to USCIS next week.

From what I am gathering what everyone here is saying is that we can expect: (1) NOID; (2) DENIAL; or hopefully (3) APPROVAL. Is this correct?

Thanks for any help.

[Deputy Purple 1,294]

I would think that the RFE was in place of the NOID since you indicated it was for the AWA Evidence.

At this point all you can do is wait for the decision (not an NOID). IIRC they are sending all AWA case files to Vermont for adjudication so watch for that transfer to happen.