AOS Interview

[banda25 0]

I am brand new to posting here although I have been reading the forums for a few years now. My husband is Canadian and we were married in September. Our AOS interview is Thursday (!) and I am freaking out just a tiny bit. Actually, I go back and forth from being worried and from reassuring myself that it will all be great.

Quick background: We met three years ago in Jamaica while we were both there staying at the same resort. We have been long distance and cross border since. In July, on the advice of a lawyer we consulted, my Candian moved here to be with me. We were already engaged at this time and knew we would get married in Sept. We crossed the border and the agent didn't ask us too many questions. So Canadian has been here since. We filed our K 3 paperwork in November, received travel visa and Work Authorization in late January and got our interview date.

We worked with a lawyer and he assured us that we wouldn't have any problems. But after reading some posts, I am concerned that we don't have enough evidence to support our marriage. We have a lease with both of our names and he is now on my checking account but that is really all. I mean we have plenty of photos and emails but we aren't on the same health insurance and we don't share any cars or anything. Will this be enough?

Thanks for the help!

[JimVaPhuong 4,863]

I am brand new to posting here although I have been reading the forums for a few years now. My husband is Canadian and we were married in September. Our AOS interview is Thursday (!) and I am freaking out just a tiny bit. Actually, I go back and forth from being worried and from reassuring myself that it will all be great.

Quick background: We met three years ago in Jamaica while we were both there staying at the same resort. We have been long distance and cross border since. In July, on the advice of a lawyer we consulted, my Candian moved here to be with me. We were already engaged at this time and knew we would get married in Sept. We crossed the border and the agent didn't ask us too many questions. So Canadian has been here since. We filed our K 3 paperwork in November, received travel visa and Work Authorization in late January and got our interview date.

We worked with a lawyer and he assured us that we wouldn't have any problems. But after reading some posts, I am concerned that we don't have enough evidence to support our marriage. We have a lease with both of our names and he is now on my checking account but that is really all. I mean we have plenty of photos and emails but we aren't on the same health insurance and we don't share any cars or anything. Will this be enough?

Thanks for the help!

I think you're confused. You didn't file for a K3 visa. That would have required your husband to return to Canada for an interview at the US consulate in Canada. What you did was concurrently file a petition for an immigrant visa and a petition for adjustment of status. The petition for an immigrant visa is only to obtain a visa number - not an actual visa. Visas are used to enter the US, and your husband obviously doesn't need this because he's already here. However, he does need a visa number in order to get a green card.

Now the bad news...

What your lawyer advised you to do is illegal. Your husband used a non-immigrant entry pass with the specific intention of immigrating.

Your evidence is probably sufficient to be approved at the interview. However, if the subject of how and when you made the decision to marry and apply for the green card comes up then you've got some serious problems. Normally, they won't deny a green card for an immediate relative of a US citizen solely for "preconceived intent". However, if you actually admit that this was your intention when he entered the US then all bets are off.

If I were you, I'd be all over your lawyer about this. Just because it's possible to get away with breaking the law is no excuse for an attorney to EVER recommend that you do so.