AOS Interview...oh no

[Ccooper 0]

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?

You know I might have said tourist visa, not sure why...must have been on my mind. He came in on VWP :/

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.

Thanks I appreciate your comments. We have an infopass meeting on Thursday morning, so I will know more then! Let's hope its good news!

[Ccooper 0]

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.

In no way was I trying to take a shortcut, so really I am tired of that word. I have been in a relationship with my husband for eight years. We dated long distance for seven years. There is no way someone can say we are not couple. We just wanted to finally be together. Yes, we should have waited (the probably one more week) for the K1 to have been approved, but our wedding was planned and paid for and well we lost our money and that is our problem. We filed our AOS, and obviously made a mistake. Our process has not been easy and sorry if it has been more difficult for others but in my mind this has been a long difficult journey for us. I scheduled an info pass meeting for Thursday and will hopefully know more then. Either we start over and he stays here, we start over and he goes back to his country, or we get approved. The IO that called me said she would call back if there was a problem and its been over a week with no call. Really that could be good or bad! I shall see!

[MrsB2012 10]

You know I might have said tourist visa, not sure why...must have been on my mind. He came in on VWP :/

Not to alarm you further, but the fact that he entered via VWP and then filed for AOS is a big difference from him entering under a Tourist visa and filing for AOS. If your husband is denied AOS and he's adjusting from VWP, you will not be allowed to appeal the decision or re-file for AOS. If your AOS is denied, he will have to leave the US and you will need to file for a spouse visa. Also, if he has overstay, there is a chance he could incur a ban once he leaves the US.

I hope that you get some more information about your case status via the infopass appointment. From what you've mentioned here, it looks like they will likely deny him based on the fact that he abandoned his AOS by leaving the country. Keep us posted on what happens and Good Luck!

[Christi85 86]

Very complicated case and I do really feel sorry for what you're going through, OP. I just wish immigration was more straightforward for people. Yes, you should have done your research, but I completely get how people can mess up without even realizing they're making a mistake. It's not like the system is simple.

Advice-wise, the previous posters have said everything that needs to be said. For now it's just waiting.

OP: Be sure to update us after your info-pass appointment, and best of luck to you and your husband!

[Christi85 86]

How did your infopass appointment go Ccooper?

[Ccooper 0]

How did your infopass appointment go Ccooper?

Hi

Well the info pass appointment went as expected. They said my status was still pending, but the person I talked to went over to the IO that did my interview and it was just a matter of time before they denied his application. They recommended we withdraw our case before it gets denied, then we could refile as soon as the withdraw notice was sent to us. We withdrew our application and will resend when we get the notice. At least all of the work has already been done. Just wondering if my husband will have to redo the whole medical or if the doctor he went to can refill out the papers. Guess we will get to that bridge later! Would be nice not to have to spend another $300 on the medical that was just done! Anyways, we are happy he will be able to stay and we can refile. My paperwork went through, so it's just his 485 that needs to be refiled. And at least I know my affidavit of support will be fine, as they already went over it at the interview and said it was plenty. So all in all, it could be worse....it's just the waiting game again...and no work for my husband He is bored out of his mind! Thanks to those who helped me with my questions! Perhaps next time I am posting, it will be with good news!!

[Hypnos 6,576]

You will need to submit a new medical with the new I-485.

If you contact the civil surgeon who conducted the first one it's possible he can give you a copy to resubmit, but that's something you would need to ask him. If they won't / can't do that then you would need to pay to have another medical exam performed.

At the end of the day I'm sure it's annoying, but it's at least an easy fix (although at $1,070 again, not a cheap one).

Make sure you submit a copy of your I-130 approval notice with the new I-485, too.

Edited April 7, 2013 by Hypnos

[ValerieA 350]

You will be fine from here on out. Good thing you get to withdraw the application, though. Just don't let your husband leave the country at all now until he receives his green card, OK? Don't even use AP, just to be safe.

[Ccooper 0]

You will be fine from here on out. Good thing you get to withdraw the application, though. Just don't let your husband leave the country at all now until he receives his green card, OK? Don't even use AP, just to be safe.

Hah, trust me he is going nowhere! We are just waiting on the withdraw notice to come in so we can resubmit!

You will need to submit a new medical with the new I-485.

If you contact the civil surgeon who conducted the first one it's possible he can give you a copy to resubmit, but that's something you would need to ask him. If they won't / can't do that then you would need to pay to have another medical exam performed.

At the end of the day I'm sure it's annoying, but it's at least an easy fix (although at $1,070 again, not a cheap one).

Make sure you submit a copy of your I-130 approval notice with the new I-485, too.

Thanks!

[Ccooper 0]

For those who were interested in my case, we are at the interview stage again. September 19th! Let's hope this one is it!