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Posted

I'd like to hear your opinion on my case so that I can prepare myself for the AOS interview.

My husband and I had known each other for 3 years and had been dating for 2 years before we got married. we were in Asia and he had to come home in Feb 2012 to visit his mother because she got sick so I came here later in May on a B1/B2 visa. I got this visa about 8 years ago for a short business purpose (3 weeks visit to the head office of my organization) so the stamped on my visa that time was B1.My main purpose of entry this time is to visit his mother but they still stamped B1 again (The officer asked for my purpose of visit and I said for business and visit some friends). About September we were told that she was during her last stage so my then-boyfriend became her primary caregiver and it required him to stay home 24/7 because of her illness. I decided to extend my visa and throw away my return ticket so that I could be with him and go through this time together. I filed my visa extension online in October. I was a bit ignorant and didn't know of this website until recently so I didn't consult with anyone about it and I just sent them an e-application without additional evidence (i.e plane ticket back home with new returning date) Actually I was kind of hesitating if I should wait for the result to buy the new ticket and I didn't know that the process would take so long ( I had the result in Jan). We expected that this would be her last Christmas and New Year's eve so we thought we could go back in Asia in March 2013.

She passed away 4 days before Christmas. It was a sad time yet we could enjoy some moment since he asked me to marry him on Christmas in front of the rest of the family. We got married in January just 5 days before my visa extension denial came out. In the denial letter USCIS explained that I failed to submit the evidence and I can do that within 90 days. I didn't know what to do and my now husband decided that we should file for a green card. Back in my homeland I was a freelance translator and I can work from anywhere I want so being in the US doesn't affect my work. I don't know if this might sound like a fraud marriage to them.

My husband filed an AOS in February and I had my biometrics done last week. I got one RFE so far for my birth certificate ( I didn't have it with me earlier and wanted to send the big package within the 90days period) and I just had my mother send it to me.

So here are my questions :

-My I-94 expired in Nov and by the day I filed my AOS package it is considered as overstayed, am I correct?

-Would it affect my AOS?

-We submit only letters from friends, photos since 3 years ago. We do not have any joint assets yet since we are living in his mom's house. He drives his car that is bought before he went to Asia and is already paid off. He is a self-employed and was working as an NGO volunteer when he was in Asia so the only insurance that he has here is with Blue Cross-Blue Shield. We are thinking of insurance for me but can we do that without SSN?

-I read that some people sent their wedding photos as evidence but we just got married in the court. My family would prefer a proper wedding later this year which his father&sister agree. Everything happened so fast and we know this sounds weird but it is so true. I don't know if the officer would listen to the long story and from what I read so far they care only for the evidence. What do you think?

Thank you for taking your time reading. I appreciate your thoughts.

Filed: AOS (apr) Country: Australia
Timeline
Posted

I'd like to hear your opinion on my case so that I can prepare myself for the AOS interview.

My husband and I had known each other for 3 years and had been dating for 2 years before we got married. we were in Asia and he had to come home in Feb 2012 to visit his mother because she got sick so I came here later in May on a B1/B2 visa. I got this visa about 8 years ago for a short business purpose (3 weeks visit to the head office of my organization) so the stamped on my visa that time was B1.My main purpose of entry this time is to visit his mother but they still stamped B1 again (The officer asked for my purpose of visit and I said for business and visit some friends). About September we were told that she was during her last stage so my then-boyfriend became her primary caregiver and it required him to stay home 24/7 because of her illness. I decided to extend my visa and throw away my return ticket so that I could be with him and go through this time together. I filed my visa extension online in October. I was a bit ignorant and didn't know of this website until recently so I didn't consult with anyone about it and I just sent them an e-application without additional evidence (i.e plane ticket back home with new returning date) Actually I was kind of hesitating if I should wait for the result to buy the new ticket and I didn't know that the process would take so long ( I had the result in Jan). We expected that this would be her last Christmas and New Year's eve so we thought we could go back in Asia in March 2013.

She passed away 4 days before Christmas. It was a sad time yet we could enjoy some moment since he asked me to marry him on Christmas in front of the rest of the family. We got married in January just 5 days before my visa extension denial came out. In the denial letter USCIS explained that I failed to submit the evidence and I can do that within 90 days. I didn't know what to do and my now husband decided that we should file for a green card. Back in my homeland I was a freelance translator and I can work from anywhere I want so being in the US doesn't affect my work. I don't know if this might sound like a fraud marriage to them.

My husband filed an AOS in February and I had my biometrics done last week. I got one RFE so far for my birth certificate ( I didn't have it with me earlier and wanted to send the big package within the 90days period) and I just had my mother send it to me.

So here are my questions :

-My I-94 expired in Nov and by the day I filed my AOS package it is considered as overstayed, am I correct?

-Would it affect my AOS?

-We submit only letters from friends, photos since 3 years ago. We do not have any joint assets yet since we are living in his mom's house. He drives his car that is bought before he went to Asia and is already paid off. He is a self-employed and was working as an NGO volunteer when he was in Asia so the only insurance that he has here is with Blue Cross-Blue Shield. We are thinking of insurance for me but can we do that without SSN?

-I read that some people sent their wedding photos as evidence but we just got married in the court. My family would prefer a proper wedding later this year which his father&sister agree. Everything happened so fast and we know this sounds weird but it is so true. I don't know if the officer would listen to the long story and from what I read so far they care only for the evidence. What do you think?

Thank you for taking your time reading. I appreciate your thoughts.

- Your overstay is from when your i-94 expired and when you filed for AOS. Once you filed for AOS you enter a "period of authorized stay".

- Overstay is generally forgiven for the spouse of a USC.

- Evidence is important. Photos are good, letters from friends are good, photos with friends and family are good. Try to get some things in joint names, phones, cards (even those debit credit cards), credit cards, insurance (car, life, home), cable tv, a lease, a mortgage, etc.

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

 
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