AOS Interview...oh no

[Darnell 8,478]

Actually entering as a tourist with intent to immigrate / file an AOS to stay is definitely not following the rules correctly.

It appears that the application was SENT IN while he was still in the country and if you get a sympathetic IO she may let it slide. If she applies the rules on a strict technical basis your AOS application was abandoned when he left the US.

Yup, that was my point, in it's entirety.

OP - wait a few weeks, to learn of the outcome.

Once you've learned of the outcome, do something ..

Do Nothing until you've learned of the outcome.

[didopage 337]

Because the K-1 process was taking too long and that you had set a wedding date before having the K-1 issued, your husband came to the US to marry you on a tourist visa (or VWP I assume?). No problem with that, but he should have left the US then, and you guys should have started the process for a spousal visa. By starting the K-1 process, you husband clearly showed an immigrant intent, and by abandoning the K-1 process by marrying before the issuance of the visa, you guys delayed even more his ability to come live as a resident in the US.

First mistake: Set a wedding date too early. You wasted your K-1 process.

Second mistake: Applying for AOS after entering the US as a tourist, with immigrant intent (starting the K-1 process is the proof). If it was allowed, why do you think there's a K-1 visa?

Third mistake: Leaving the US after applying for AOS, with no travel authorization in hand. --> AOS considered abandoned.

Four mistake: Coming to the US with a tourist visa (or VWP), still with the intent to immigrate.

That's quite messed up, and you obviously were not enough informed of the rules because you multiplied the mistakes.

I agree with members saying that, once you get the decision on his AOS (it should be denied), he should go back to his country and apply for a spousal visa.

Edited March 26, 2013 by didopage

[ImmigrationDrama 0]

Sorry my post may have been confusing...I am a bit frustrated right now. Before we got married we filed for a K-1, unfortunately our wedding was Aug. 11th and that didn't go through before our wedding. So after our wedding we filed the I-130/I-485. We had waited a bit, and his tourist visa he came in on was up, so we thought he had to go back, so he wasn't illegally staying here. We made the mistake, as when he left we put in the application, so he was out of the country when they received the I-130. Our mistake, but we thought we were following the right path. So if he had just stayed in the US, we would have been fine. I didn't realize the major problem we were creating with him leaving. They are now trying to sort out what we did So now I am actually waiting for the immigration officer who called us this afternoon to call us back. She said if everything was okay she wouldn't call, and if there was a problem she would. Now the question is, how long we wait for the phone call. If she doesn't call tomorrow I am going to request a meeting on info pass and see if we can sort this out. Otherwise I guess I am hiring an immigration lawyer and starting this all over again (and hoping he doesn't get barred from the country). I so hope that is not what we need to do, but it appears from everyone's comments it will most likely be.

Immigration lawyer will chew you up and drill a big hole in your pocket.Do it the right way.Make an appointment see what the IO has to say and since you made a mambo-jumbo of the process ......follow the next step and maybe for him to go back to the country he belongs.....lawyers wait for cases like these to complicate it even further for you and then justify their exorbitant fees.

[ValerieA 350]

OP, any word from the IO?

[Alonso&Sheryl 10]

Man! So much information in all these posts. The person who made the topic is probably all overwhelmed =(

So two options here,

(1) Your husband goes back to his home country, you file the petition from the UK, then he gets approved and comes back to the U.S., and you live happily ever after.

(2) You file a AOS packet (130, 485, etc., and go through the whole process you just went all over again.

The key here is to have patience. Seems like you filed the fiancee visa but were impatient so your husband came in through his tourist visa to marry you. Then you got married, but again you guys freaked and he left back to the UK. I guess you didn't know, but when you are a us citizen, your husband's overstay would have been forgiven. Gotta do the research before you guys do something.

So just take a deep breath, and if you get denied, just re-file all over again. You just threw a bunch of money away, but its a learning experience I guess....lol

Edited March 27, 2013 by Alonso&Sheryl

[ValerieA 350]

(2) You file a AOS packet (130, 485, etc., and go through the whole process you just went all over again.

Don't refile the I-130 - it is the I-485 that will be denied, not the I-130. I think mentioning this may be immaterial, since the OP hasn't been back to update us. But I agree, refiling I-485 part of the package is likely the best option.

[Alonso&Sheryl 10]

Don't refile the I-130 - it is the I-485 that will be denied, not the I-130. I think mentioning this may be immaterial, since the OP hasn't been back to update us. But I agree, refiling I-485 part of the package is likely the best option.

Ops! You are right, that was my bad.

I know, maybe she received bad news. Hope not. Would definitely like to know what the outcome of the situation was so we can help other people in the same boat. I think all the posts telling her to send her husband back may have overwhelmed her.

[Ccooper 0]

Ops! You are right, that was my bad.

I know, maybe she received bad news. Hope not. Would definitely like to know what the outcome of the situation was so we can help other people in the same boat. I think all the posts telling her to send her husband back may have overwhelmed her.

Yes I did get a bit overwhelmed on here. I was asking for support and guidance and not people to bad mouth (it seemed to me)my obvious mistakes. I appreciate feedback, but I don't need to be made a fool. I get it, I made a couple huge mistakes. Anyways, I went online and my I-130 was approved the next day (it was posted around 9 at night). I still have not heard about my husband's AOS. The IO that called on Monday, said she would call back if there was a problem. I have not received a call yet, but am still thinking she maybe taking a much closer look to figure out what the heck we did. It's all very frustrating because we were approved on the spot, then called back 5 hours later, with a whoops I think I made a mistake from the IO.

[Ccooper 0]

Man! So much information in all these posts. The person who made the topic is probably all overwhelmed =(

So two options here,

(1) Your husband goes back to his home country, you file the petition from the UK, then he gets approved and comes back to the U.S., and you live happily ever after.

(2) You file a AOS packet (130, 485, etc., and go through the whole process you just went all over again.

The key here is to have patience. Seems like you filed the fiancee visa but were impatient so your husband came in through his tourist visa to marry you. Then you got married, but again you guys freaked and he left back to the UK. I guess you didn't know, but when you are a us citizen, your husband's overstay would have been forgiven. Gotta do the research before you guys do something.

So just take a deep breath, and if you get denied, just re-file all over again. You just threw a bunch of money away, but its a learning experience I guess....lol

Yes I am coming to the fact that if we get denied we will just have to apply again. I just hope they don't make him go back to England! And yes we did throw a lot of money away, if this has to all be redone...ugg! Also when we filed the fiance visa we did it a year and a half before our planned wedding. Yes, that may have been a mistake, but it's hard to plan a wedding and change things last minute. I get that the best idea was to wait. Worst thing was, pretty much we had the K-1 approved, all paperwork was accepted. When his mum got back to the UK, there was a letter for the interview...two days after our scheduled wedding. Ah, well....here we go again!

[MrsB2012 10]

I might have missed a post that states this, but your husband is from England, did he enter the US under a TOURIST visa or via VWP (Visa Waiver Program) when you decided to get married and file for AOS?

[Mariana2012 89]

Yes I did get a bit overwhelmed on here. I was asking for support and guidance and not people to bad mouth (it seemed to me)my obvious mistakes. I appreciate feedback, but I don't need to be made a fool. I get it, I made a couple huge mistakes. Anyways, I went online and my I-130 was approved the next day (it was posted around 9 at night). I still have not heard about my husband's AOS. The IO that called on Monday, said she would call back if there was a problem. I have not received a call yet, but am still thinking she maybe taking a much closer look to figure out what the heck we did. It's all very frustrating because we were approved on the spot, then called back 5 hours later, with a whoops I think I made a mistake from the IO.

Don't take it personally, a lot of people want to help but it's also human nature to judge. Especially the people who feel frustrated with their own long wait will jump at the throat of the ones who took shortcuts.

My suggestion to you is go see a lawyer, not to help you refile - you can do that yourself - but to advise you weather you have a chance of adjusting from inside of US and if so what should you expect the process to be.

I have adjusted my status through a lawyer , and it was a simple case of AOS from tourist visa , yet it did cost a lot of money,

However some things he told me were priceless and I wouldn't have known to look for them. One was not leaving the country while the process of AOS is not finalized.

Anyway , things have become complicated for you right now and a good immigration lawyer had for sure other clients who were in your situation so he or she can really clear the air for you. You don't need to hire them , just go for a 1 hr consultation.

Edited April 2, 2013 by Mariana2012

[ValerieA 350]

Don't take it personally, a lot of people want to help but it's also human nature to judge. Especially the people who feel frustrated with their own long wait will jump at the throat of the ones who took shortcuts.

I think we can all agree that the OP did not take a shortcut. FTR, I do not consider AOSing a 'shortcut' even without the issues this couple is facing, there are negative connotations on here regarding that word. It is simply a different process for a certain set of circumstances that currently has a shorter waiting time.

[Mariana2012 89]

I think we can all agree that the OP did not take a shortcut. FTR, I do not consider AOSing a 'shortcut' even without the issues this couple is facing, there are negative connotations on here regarding that word. It is simply a different process for a certain set of circumstances that currently has a shorter waiting time.

Sorry , I thought they were adjusting from B1/B2 visa or VWP , in that case it would be a shortcut. I would know , I did it in 3 months while others wait for a fiance visa for a year.

Edited April 2, 2013 by Mariana2012

[ValerieA 350]

Sorry , I thought they were adjusting from B1/B2 visa or VWP , in that case it would be a shortcut. I would know , I did it in 3 months while others wait for a fiance visa for a year.

I know, I did too. I was not trying to shortcut the system, however, I was simply applying the system that was in place for people in my circumstances. Some people who were not able to do that throw the 'shortcut' word around here to try and make us feel guilty because that option was not open to them.

OP, any word on your I-485?

[Mariana2012 89]

I know, I did too. I was not trying to shortcut the system, however, I was simply applying the system that was in place for people in my circumstances. Some people who were not able to do that throw the 'shortcut' word around here to try and make us feel guilty because that option was not open to them.

OP, any word on your I-485?

Well no matter how you look at it a shortcut is a shortcut and in this case it simply refers to the amount of time " saved" by adjusting from B1/ B2 . It is irrelevant whether it was planned or not.

And I am sure the comments would have been kinder if the adjustment would have been from K1 . I have experienced first hand the vitriolic responses I got when I inquired whether I should marry on a B1 or not. It was so bad that I returned with a different ID once I filed.

Edited April 2, 2013 by Mariana2012