AOS Interview, but not denied or approved, help!

[MayLu 0]

Hi,

My husband and I went to our AOS interview today. We were really nervous but can only assume the appointment went well, for the most part.

I am a US born and married my husband in 2006. Our plans were to have filed for AOS sooner but he had been arrested for DUI's (3) in his past, last one being in 2004. We waited for his probation to be over in 2009 to send the packet in. Late 2010, he enrolled in DUI classes to finally complete them in order to be able to obtain his drivers license in the future. However classes don't end until 2012.

In Oct 2010 we submitted our AOS packet (form I-130 & I-485) and disclosed his arrests. We submitted all supporting documentation as well. He recieved his Employment Authorization card in Dec 2010.

We went to appointment today and the officer asked questions mainly to my husband, none personal, just based on his application and DUI's. He stated because they were 3 he could make a determination he needed additional information and wanted confirmation he was rehabilitated. He sent us home with a letter requesting a DMV printout and proof of rehabilitation. I explained some classes will not end until 2012 and he suggested sending proof he was enrolled in classes and was attending. He gave us the letter and gave us till 2/20/11.

Good thing is we have documents he requested and we will send asap. We are very nervous, do our chances to be approved look slim? Since he didn't deny on the spot Is there hope? Can anyone shed some light to similar experiences or what we can expect?

[baron555 934]

You should be fine as long as you supply the requested documents. There is nothing else you CAN di at this time.

[SunDrop 59]

There is nothing else you CAN di at this time.

Except make absolutely 120% sure that it doesn't happen again.

If you'd been applying for a K-1 visa, it probably would have been denied because of his history of alcohol abuse and DUIs. You say you're US born but don't mention how your husband was in the US? This too could impact their decision. Was there any documentation relating to his probation that shows he stopped drinking, like mandatory random testing? Was his sentence 5 years' probation or did he serve time? What was the maximum possible sentence for the offense he was charged with, as I believe this also can have an impact on their decisions?

It sounds as though the IO was sympathetic and looking for documentation that would enable him to approve you. I'd get as much as you can possibly think of (others here will have experience/ great advice) about what you could get to back up the proof of rehabilitation.

Does he attend AA and if so, would his sponsor be willing to waive their anonymity to write an affidavit of their knowledge and support of him? Are there any records or would a similar letter be available from his probation officer?

I'm sure others will have more experienced advice - good luck

[MayLu 0]

Except make absolutely 120% sure that it doesn't happen again.

If you'd been applying for a K-1 visa, it probably would have been denied because of his history of alcohol abuse and DUIs. You say you're US born but don't mention how your husband was in the US? This too could impact their decision. Was there any documentation relating to his probation that shows he stopped drinking, like mandatory random testing? Was his sentence 5 years' probation or did he serve time? What was the maximum possible sentence for the offense he was charged with, as I believe this also can have an impact on their decisions?

It sounds as though the IO was sympathetic and looking for documentation that would enable him to approve you. I'd get as much as you can possibly think of (others here will have experience/ great advice) about what you could get to back up the proof of rehabilitation.

Does he attend AA and if so, would his sponsor be willing to waive their anonymity to write an affidavit of their knowledge and support of him? Are there any records or would a similar letter be available from his probation officer?

I'm sure others will have more experienced advice - good luck

[MayLu 0]

In reply to SunDrop, my husband came into the US in 1989 with a Family Visa. He has been here since.

Unfortunately, he recieved these DUI's pretty consecutively last one being in 2004 (age 24) when I first met him. He was already on probation for the first 2.

The attorney we hired to fill out the paperwork disclosed his arrests and we provided the certified court docket/dispositions stating complete info on arrests. He was ordered to pay a fine for each DUI and do community service which he did. He was ordered to take DUI classes and complete a yr long program in order to get a DL. Since he knew he could not get a DL he never did the program. However b/c we are moving forward with the AOS I figured he start the classes so if approved he would be able to get a DL. He never had to serve time, probation was just that he not drink and drive or be around bars which he abided by.

Since 2004, he has been a responsible father and husband. He has not been in trouble by law in any other way. He was young and irrisponsible when he got his DUI's hopefully they can see his life has turned around. He never did AA because it was never ordered just the DUI program he is in now.

We are going to be sending back the DMV printout, Community Service sign in sheets, and the DUI classes he is currently enrolled in as well as the classes he has attended so far. As well as an affidavit from the counselor at the DUI classes. Hopefully this will work.

Thank you I'm hoping to get a better idea of what we face.

[Jojo92122 1,924]

There is no such thing as a family visa. How did your husband enter the US?

[MayLu 0]

His mom obtained a Visa Back in the 80's which included her 4 children on it since they were all under 10. They each did not get a Visa.

It must be legal since the oficer saw it and made no mention it was not legal.

[MayLu 0]

I could be a bit clueless, well it was a passport not sure if it's the same thing as a Visa? But it was for the whole family.

[Jojo92122 1,924]

I could be a bit clueless, well it was a passport not sure if it's the same thing as a Visa? But it was for the whole family.

A passport is not a visa. The passport is issued by the country of citizenship. The visa is issued by the country that you want to travel to.

Somehow, your husband's entered the US legally with inspection.

[JimVaPhuong 4,863]

They're trying to determine if his DUI's mean he can be classified as a drug abuser or addict. That would make him inadmissible on health grounds.