Marriage based AOS from VWP

[KristinH 2]

We have our interview coming up on February 14th for AOS of my husband's Visa Waiver Program due to our recent marriage.

I am member of topics for November AOS Filers (Family based and Tourist based), but I would like to start a thread specifically for VWP AOS due to Marriage, because the nature of our interviews will be different. We will have to prove not only that we have a legitimate marriage, but also that we did not intend to file for status adjustment on the VWP when our spouses last entered the country.

I am very anxious for our interview, and I would really like to hear others' stories of how their interviews went or how others are preparing. Please share your journey!

[misswiss 6]

I am a VWP aos adjuster from switzerland and our interview is next monday... I will post a review for you..BUT i hear that officers don't stress the intent at the interview...they worry more about if your marriage is real or not..donc tkt pas ca ira

[KristinH 2]

Hey MissSwiss!

Thank you for your response and your encouraging words! I guess the last thing I've been worried about is proving a real marriage, as I my husband and I have a soul-mate-at-first sight kind of love and marriage that is evident to everyone that meet us, and we have 100s of pictures and documentation to "prove it". Reading through the different immigration message board web sites is what has me scared to death about the intent of his last arrival on the VWP. Seems like there are so many nay-sayers about doing the "VWP Express" instead of the traditional way.

I see from your signature that you have overstayed by 4 years, does that worry you at all? Or do you have reason or knowledge of the process that gives you confidence? I'd love to hear your point of view on the matter. Out of curiosity, why did you wait so long to adjust status?

We made sure to file for AOS just before his 90 day VWP expired, they accepted our applications the day before his passport stamp expires actually! This makes me feel a little better, and we did wait 60 days after his arrival to get married. I've read that this helps the case as well. I just really wish that February 14th would hurry up and get here, I feel like we're living on borrowed time until then.

I look forward to hearing about your interview, best of luck you! And by the way, what does donc tkt pas ca ira mean?

[bruno. 4]

Hi, just a bit of translation here "donc tkt pas ca ira" is French for don't worry, it's gonna be ok.

Since you have a French flag on your profile I guess they assumed you were speaking French too.

[Cali Chick 0]

Ciao!

We also have our marriage based AOS Interview from VWP coming up Feb. 10th in Los Angeles. We were kinda nervous b/c we filed 2 weeks after his VW expired, and the whole intent issue... but I talked to a lawyer here and he said the L.A. office has a relaxed policy for VWP applicants and that everything should be fine. I was surprised how fast the process has gone (despite no word on EAD yet). If there are any other VWP overstays out there here are some good news... Adjustment of Status for Alien Immediate Relatives Admitted Under the Visa Waiver Program - All Cases must be approved, January 2012 Update!

http://www.visalawyerblog.com/2012/01/adjustment_of_status_for_alien_1.html

[misswiss 6]

Ok had the interview APPROVED in Atlanta on the spot the overstay never came up and i am a 4 years visa waiver overstay! he asked us how we met and that was it...we were pretty much approved when we walked in...he never asked us anything else..we had 10+ pics and he asked you only have close up pics and we said that was all we had and we had just printed them from our phones he said thats ok..you don't really need them anyway! He looked through them and say im gonna approve your application!..he only took my i 94

He said you will receive your GC in about 2 weeks more or less. And he said congratulations!

we had:

joint lease

joint health and life insurance

joint bank account.

a police report from an accident we were in (yeah when my husband wrecked my brand new car!! lol)...he kept all our proofs but no pics from us

that was it!! Very painless and we were in and out in 10 mins!

Thank God for this it's because of him.

[Cali Chick 0]

Ok had the interview APPROVED in Atlanta on the spot the overstay never came up and i am a 4 years visa waiver overstay! he asked us how we met and that was it...we were pretty much approved when we walked in...he never asked us anything else..we had 10+ pics and he asked you only have close up pics and we said that was all we had and we had just printed them from our phones he said thats ok..you don't really need them anyway! He looked through them and say im gonna approve your application!..he only took my i 94

He said you will receive your GC in about 2 weeks more or less. And he said congratulations!

we had:

joint lease

joint health and life insurance

joint bank account.

a police report from an accident we were in (yeah when my husband wrecked my brand new car!! lol)...he kept all our proofs but no pics from us

that was it!! Very painless and we were in and out in 10 mins!

Thank God for this it's because of him.

CONGRATS!!

That's great that the overstay wasn't an issue. Did the issue of intent come up at all?

Thanks

[misswiss 6]

no...only thing he asked was how we met. Never asked me about anything else..he just said switzerland huh? ive never met anybody black from switzerland and we joked. He was cool as hell!!!!!!!

[Cali Chick 0]

That's awesome! Hope we have the same luck

[misswiss 6]

That's awesome! Hope we have the same luck

yeah it really is!!! Like i can't even believe it..he only gave us a verbal approval..but tonight i received both emails confirming my approval! I can't believe how easy this interview was..we litterally went to 2cvs, targets and walgreens to try printing our wedding pics and other pics but the machine didn't work..we were 20 mins late and we managed to prin like 15 pics from our cell phones!!! The pics are horrible and blurry and of course just our faces, nobody with us..but he didn't even care. He didnt ask any other question but "so...where did u guys meet" asked me the yes/no questions and that was it! Im sooooooo happy i finally get to get a life in america lol

[KristinH 2]

Manu and I had our interview today in Philadelphia at 9:00am. I was so nervous on the drive down that I could hardly talk when we got within 10 minutes of arriving (and I usually have a lot to say). We arrived at 8:50, and were admitted into the building, cleared security, and were checked in on the 3rd floor by 9:00am. The security was very polite and friendly and there was no wait time getting in. We were called by our interviewing officer around 9:40am. When we were brought into the room, he told us to remain standing, asked to raise our right hand, and swear to tell the truth. Once we were seated, the officer spent about 5 minutes looking for a red pen, emptying a 2-hole punch, and telling us a story about when he used to collect the hole punch clipping to save to put in an envelope to use as an office prank. We were somewhat relieved by his conversation, but still incredibly nervous!

The first thing he asked us was if either one of us had been married before in any country in the world. We both said no. Then he asked if either of us had children in any country of the world. We both said no.

He started flipping through our file and asked to see both of our driver's licenses (Manu gave his French Driver's License, he doesn't have one here yet), proof of my US Citizenship (I gave my passport) and our original marriage certificate. While he continued looking through papers, he asked how we met. I told him I met Manu while I was on vacation in Europe in the fall of 2010. I had traveled to London, Paris, and Rome and met him in Paris at a bar next to the Moulin Rouge, and it was love at first sight- there was just a sparkle in his eye from across the room. He then asked how we remained in touch with each other. I told him we emailed, called, and skyped. I explained that I went back to France a month later for work by chance and was able to see him again, he came to the US for the first time ever in March for 1 week to visit me, then he came back in May for 3 months, we went to France in July so I could meet his family, he came back in August and we were married in October. I usually go into much more detail about our love story, but I felt like he wasn't really listening to me as he was looking through the paperwork the whole time I was talking, so I just gave a bare outline. When I finished, he said "Wow that's a great story". He then held up the 1 page photo montage that I made on walmart.com of our wedding photos and had submitted with our initial paperwork in November (the only photos I submitted with our application). He said "This is great". He then asked if we still lived at the address listed in our paper, which we replied yes. He asked us if we planned on moving soon, and we said not within the next year.

He asked if we had the same jobs, which I said yes, and Manu said he just got a job a few days ago (he was previously unemployed, and just got a job after receiving his EAD 2 weeks ago). He congratulated Manu on finding a job, and asked what he was doing. When Manu replied that he was a waiter at a sushi restaurant, the interviewer started a whole conversation about how much he likes sushi and was asking questions about the place Manu works. After what seemed like 5 minutes of sushi talk, he started explaining to us what conditional residency means, what it meant to be adjusting the status of Manu's immigration, and what paperwork we would need to file in 2 years to remove the conditions. He still hadn't said we were approved yet though, so I told him that I had brought along tax records (we filed married jointly in 2012), health and life insurance papers, and 2 photo albums, and he said "I would only ask to see them if I questioned the validity of your marriage, which I don't." I was stunned (this was WAY too easy!) and asked him what would make him question a marriage. He went on for the next 10 minutes to explain all the ways he sees marriage fraud, listing certain countries, and different scenarios that send up a red flag. None of them related to us, thank goodness!! He said that the fact that Manu is a French National right off the bat made him not overly concerned, because worse case scenario he would get deported and I would just move to France with him (I immediately said this WOULD be a very worse case scenario to us!). He said there are jobs and a good quality of life in France, so US marriage fraud is not prevalent. I wish I would have known that USCIS feels that way towards French immigrants before the interview, I wouldn't have been freaking out for the past 4 months!

Once he got done telling us about all the bad scenarios he sees every day, he went into more information about the green card and that Manu would receive it within 2 weeks. I said "So, we are approved?!?" and he just said "Yes." Manu and I exchanged excited glances and smiles and I said "Oh yay! We were so nervous!" and he said "Most people in real marriages are." He asked if I wanted to submit any of the additional documents and photos I had brought along to be included in our file, but that he did not want me to present them to him one-by-one. I handed him the insurance confirmations, my updated employment letter, and an 8x10 wedding picture. He looked at the life/health insurance papers on top of the stack and said "See... this is a real marriage here...". I then asked him what picture would be used for the Green Card, and he said the ones we submitted with our application. I told him that I was curious because they used an awful snapshot they took at his biometrics appointment for his EAD card, where he had a full beard and looked like a Taliban member! The interviewer said seriously "You can't say that word here, that's like saying 'bomb' in an airport. Let me see the picture..." I apologized quickly and handed him Manu's EAD card. He looked and said "Hmmm... he does look Lebanese here" and we all started laughing. I was so relieved how pleasant and friendly our interviewer was, and so thrilled he approved us on the spot!

We then got up and were getting ready to leave, and Manu asked if he wanted to see any of the photos we brought (we had 2 albums with over 300 pictures). He said that he was sorry he didn't have enough time to look through and fully appreciate them, but he would take a quick look because he had went to the trouble to bring them. After he saw a few pages, we got ready to leave. Manu and I both thanked him so much, and he said "No, I want to thank you both. You have renewed my faith in true love and that these real marriages really do exist. I am so skeptical because of what I see every day. You both made my day. Happy Valentine's Day and thank you."

Our biggest fear walking into this interview was that we would be questioned about adjusting the status of Manu's Visa Waiver Program on the basis of marriage. Our proposal, wedding, and Manu's intent when he came here was a tourist was NEVER BROUGHT UP ONCE.

Good luck to everyone else waiting for their interview. Happy Valentine's Day! (Also our Green Card day, and 4 month wedding anniversary)

[Cali Chick 0]

Congrats! We were Approved last Friday, also no questions asked about intent or overstay.

[Acccisboy 0]

Ok had the interview APPROVED in Atlanta on the spot the overstay never came up and i am a 4 years visa waiver overstay! he asked us how we met and that was it...we were pretty much approved when we walked in...he never asked us anything else..we had 10+ pics and he asked you only have close up pics and we said that was all we had and we had just printed them from our phones he said thats ok..you don't really need them anyway! He looked through them and say im gonna approve your application!..he only took my i 94

He said you will receive your GC in about 2 weeks more or less. And he said congratulations!

we had:

joint lease

joint health and life insurance

joint bank account.

a police report from an accident we were in (yeah when my husband wrecked my brand new car!! lol)...he kept all our proofs but no pics from us

that was it!! Very painless and we were in and out in 10 mins!

Thank God for this it's because of him.

Hi

This in encouraging

Tell me though. If you overstayed your VWP by 4 years, what did you do for work as you didn't have a visa? We're you Able to get work without one? Also, am I understanding ths correctly, the emphasis is on whether or not you knew the intention of marriage when you entered on a VWP? If you entered not knowing, all is good. If you entered knowing, you're in trouble?

Be good to know your thoughts

Thanks

Edited January 15, 2013 by Acccisboy

[imjustagirl 0]

Hello!

I got my medical papers (I-693) done last week and now filing other papers.

I have one question now. If I send my I-765 with my I-485 form is it correct that I don't have to pay for I-765? I saw it on USCIS webpage but I'm not sure did I understand correctly...

Do my husband has to fill form I-864? I saw that some of you have mentioned it and others not.

I came to USA October 2011 with VWP and we got married February 2013.

Thank you so much! I'm sorry I have so many questions! I just didn't know where else to ask.

[Weronika 0]

Hello there! I filed my AOS application in mid. Sept 2012 and were approved for green card at the end of February. My application was family-based and my current visa at the time was F1 visa.

I wouldn't have been able to have such a smooth and nearly stress-free AOS process if it wasn't for all the feedback from folks here on Visa Journey. As a tribute to all of you guys I started a series of blog posts about everything that you need to know when applying for a green card based on my successful experience. Feel free to check it out on blog (listed on my profile) and good luck to everyone!