VWP Adjustment - Interview Notice

[mof 15]

Hello All - I do not post regularly, mainly because I don't want to make myself overly paranoid. However, since I am adjusting from VWP and there seems to be so much confusion and fear surrounding this process, I thought I'd provide a quick update to let those who are in a similar position know that I have received an interview notice (email). I know, it doesn't mean much, but at least it is an indicator that VWP cases are being processed and not stuck in some infinite loop. Be aware, though, that I am not an overstay!

We filed on November 24, 2010 in the 11th Circuit Court (Alabama, Florida, Georgia). USCIS sent one RFE in January and I had not heard anything since.

The interview is mid-May. Of course, now I am wondering what additional proof of a bona-fide marriage they may require. I suppose I'll find out as soon as the hardcopy arrives...

Edited April 6, 2011 by mof

[Myopia 93]

Hello All - I do not post regularly, mainly because I don't want to make myself overly paranoid. However, since I am adjusting from VWP and there seems to be so much confusion and fear surrounding this process, I thought I'd provide a quick update to let those who are in a similar position know that I have received an interview notice (email). I know, it doesn't mean much, but at least it is an indicator that VWP cases are being processed and not stuck in some infinite loop. Be aware, though, that I am not an overstay!

We filed on November 24, 2010 in the 11th Circuit Court (Alabama, Florida, Georgia). USCIS sent one RFE in January and I had not heard anything since.

The interview is mid-May. Of course, now I am wondering what additional proof of a bona-fide marriage they may require. I suppose I'll find out as soon as the hardcopy arrives...

The 11th circuit was never one of the districts that were placing VWP adjudications on hold or instant denial like in San Diego. So you are starting in a good place already.

I have not had my interview yet so I can not give you my own examples but I would bring original copies of everything that you sent in the first place as well as strong examples of financial co-mingling such as joint bank accounts that are active (with bills paid etc), joint lease/mortgage or a letter from whoever you stay with that states that you live together, health insurance cards, affidavits from his side of the family/friends and yours, utility bills and if you are pregnant a copy of the scan (which probably isnt a proof but it sure is cute to have!)

[mof 15]

The 11th circuit was never one of the districts that were placing VWP adjudications on hold or instant denial like in San Diego. So you are starting in a good place already.

I have not had my interview yet so I can not give you my own examples but I would bring original copies of everything that you sent in the first place as well as strong examples of financial co-mingling such as joint bank accounts that are active (with bills paid etc), joint lease/mortgage or a letter from whoever you stay with that states that you live together, health insurance cards, affidavits from his side of the family/friends and yours, utility bills and if you are pregnant a copy of the scan (which probably isnt a proof but it sure is cute to have!)

Thank you - yes, the 11th has never really had any issues. However, when I first started out, I had no idea what the circuits were and all I ever read was VWP's get denied, etc. It stressed me out quite a bit. I would imagine others might be equally uncertain in regard to the various court policies.

I will, indeed, bring copies of everything. We'll even bring our daughter - not that we have much of a choice since we don't really know anybody where we currently live. We have been married for six years, and have plenty of evidence to share, if it should come to that.

[Myopia 93]

Thank you - yes, the 11th has never really had any issues. However, when I first started out, I had no idea what the circuits were and all I ever read was VWP's get denied, etc. It stressed me out quite a bit. I would imagine others might be equally uncertain in regard to the various court policies.

I will, indeed, bring copies of everything. We'll even bring our daughter - not that we have much of a choice since we don't really know anybody where we currently live. We have been married for six years, and have plenty of evidence to share, if it should come to that.

Sounds like a plan! Just make sure you are prepared. Remember the IO has the discretion to approve your AOS and you should make sure you have enough evidences that will encourage her to use her discretion for good!

[mof 15]

Sounds like a plan! Just make sure you are prepared. Remember the IO has the discretion to approve your AOS and you should make sure you have enough evidences that will encourage her to use her discretion for good!

LOL - Oh, I am soooo aware of their discretionary decision-making process. However, as my wife keeps reminding me, if it's not abundantly clear that we are married and have been married for years while, living and traveling together, then there is no couple in the world who would qualify as "married." From that end, I am not worried. I think my only anxiety is centered around the rather unusual life we have been living - we have essentially been on vacation for the past eight years and neither of us has worked. We do not work now and don't intend to (we don't need to work and would rather spend all our time together). I did not even file for EAD.

Even though we maintained a residence elsewhere, local laws prevented us from personally owning anything - instead, one of my corporations owned houses, cars, etc. None of it has either of our names attached to it. We also did not officially live there and remained in perpetual "tourist" status - which is legal where we were. Still, our daughter was born "there" and is a citizen of three countries, we were married "there" as well. Thus, we have a Consular Report of Birth Abroad for our daughter, a marriage license, and proof that my wife changed her legal name and passport while there. Add to that health insurance, a joint bank account, and thousands of pictures, and that part, at least, should be quite clear.

Obviously, we have more proof of our lives here in the US: Joint bank accounts, right of survivorship in warranty deeds, utility bills, joint car insurance, and about 50 international airline tickets of trips we have taken together (Europe, Asia, the Americas, etc.), as a dyad and with our daughter in tow as well. I could probably find another 150 or so if I dug deeper. We have received mail at the same US address for about ten years and could present old mail as proof (bank and investment accounts for her and me, etc.).

The only other "red flag" I can think of has to do with finances: I am the person with money while my wife is not exactly wealthy. Perhaps one could think that we struck an arrangement - however, I think one could only think so if one were to willfully ignore ALL the evidence. Thus, this is not a fear I have but still is something that I want to be mindful of.

I have always understood affidavits to be rather weak supporting evidence and I wonder if they are even necessary. It would certainly be no problem to obtain them, but I wouldn't want to inconvenience anybody unless it was absolutely necessary. What's your take on that?

[Myopia 93]

LOL - Oh, I am soooo aware of their discretionary decision-making process. However, as my wife keeps reminding me, if it's not abundantly clear that we are married and have been married for years while, living and traveling together, then there is no couple in the world who would qualify as "married." From that end, I am not worried. I think my only anxiety is centered around the rather unusual life we have been living - we have essentially been on vacation for the past eight years and neither of us has worked. We do not work now and don't intend to (we don't need to work and would rather spend all our time together). I did not even file for EAD.

Even though we maintained a residence elsewhere, local laws prevented us from personally owning anything - instead, one of my corporations owned houses, cars, etc. None of it has either of our names attached to it. We also did not officially live there and remained in perpetual "tourist" status - which is legal where we were. Still, our daughter was born "there" and is a citizen of three countries, we were married "there" as well. Thus, we have a Consular Report of Birth Abroad for our daughter, a marriage license, and proof that my wife changed her legal name and passport while there. Add to that health insurance, a joint bank account, and thousands of pictures, and that part, at least, should be quite clear.

Obviously, we have more proof of our lives here in the US: Joint bank accounts, right of survivorship in warranty deeds, utility bills, joint car insurance, and about 50 international airline tickets of trips we have taken together (Europe, Asia, the Americas, etc.), as a dyad and with our daughter in tow as well. I could probably find another 150 or so if I dug deeper. We have received mail at the same US address for about ten years and could present old mail as proof (bank and investment accounts for her and me, etc.).

The only other "red flag" I can think of has to do with finances: I am the person with money while my wife is not exactly wealthy. Perhaps one could think that we struck an arrangement - however, I think one could only think so if one were to willfully ignore ALL the evidence. Thus, this is not a fear I have but still is something that I want to be mindful of.

I have always understood affidavits to be rather weak supporting evidence and I wonder if they are even necessary. It would certainly be no problem to obtain them, but I wouldn't want to inconvenience anybody unless it was absolutely necessary. What's your take on that?

There is nothing wrong with living the life of Riley! (As we used to say in the UK) There is no law stating that you have to work your fingers to the bone and if you are the investor/entrepreneur type that I think you are, you probably deserve it!

I agree with you, Affidavits seem really weak but from my time in this country, they seem to serve a purpose so it wont hurt to provide them, especially from family members who are aware that you two are married and happy. Not that happiness is a factor in deciding a case but it doesnt hurt to see a loving couple!

[Harpa Timsah 13,258]

Our AOS application was based solely on affidavits. I think a well-written, personal affidavit has a lot of weight. I think a statement like "I attest these people are married" is worthless, and that's what a lot of people send.

Mof- I think you have enough evidence without them though. Good luck, relax