AOS Interview!

[jc1216 1]

Hi guys!

My husband just got his interview letter from the mail today! We're very excited as at the same time very nervous about this interview. I have read here that the OI usually asks for joint account /anything that has both our names on it to be shown during the interview, however, we have none of those. We currently live at my parents house as we dont have stable jobs YET. What do you suggest we bring instead? And also, what are usually the question they ask during this interview?

Hope to have answers from you guys!

THANKS IN ADVANCE!

[KayDeeCee 4,893]

~ Moved from K-1 Process to AOS from Family Based Visas - topic is AOS, not K-1 ~

[Hank_ 9,174]

Hi guys!

My husband just got his interview letter from the mail today! We're very excited as at the same time very nervous about this interview. I have read here that the OI usually asks for joint account /anything that has both our names on it to be shown during the interview, however, we have none of those. We currently live at my parents house as we dont have stable jobs YET. What do you suggest we bring instead? And also, what are usually the question they ask during this interview?

Hope to have answers from you guys!

THANKS IN ADVANCE!

Joint accounts and such are not needed for AOS, that is a requirement with ROC. We didn't submit any documentation showing joint accounts during AOS. We included a certified copy of the marriage certificate, the I-485, I-864 and related documents, pictures of the two of us (we used a photo from the wedding), a copy of my wife's birth certificate, copy of the I-94, copy of passport bio page and visa page.

Follow the instructions letter for the I-485. (As for the guide on VJ someone with a severe case of paranoia must of added all that joint document stuff to AOS)

http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

[kitthekat 1,317]

OP - even if you don't have stable jobs, you can still set up a joint account and put a small amount of money into it each month to pay bills from, for example. some other suggestions: pictures from your wedding, proof that you both receive mail at your parents' address, your driver's licenses listing the same address, being listed on each others' car insurance.

if you want to get an idea of what could be asked during the interview, check out the reviews page for your local office -- http://www.visajourney.com/reviews/. good luck for the interview!

Joint accounts and such are not needed for AOS, that is a requirement with ROC. We didn't submit any documentation showing joint accounts during AOS. We included a certified copy of the marriage certificate, the I-485, I-864 and related documents, pictures of the two of us (we used a photo from the wedding), a copy of my wife's birth certificate, copy of the I-94, copy of passport bio page and visa page.

Follow the instructions letter for the I-485. (As for the guide on VJ someone with a severe case of paranoia must of added all that joint document stuff to AOS)

http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

OP is talking about supporting documents that prove a bonafide relationship/marriage for the interview, not the initial AOS package. such evidence is a requirement listed on the interview letter.

[Hank_ 9,174]

OP - even if you don't have stable jobs, you can still set up a joint account and put a small amount of money into it each month to pay bills from, for example. some other suggestions: pictures from your wedding, proof that you both receive mail at your parents' address, your driver's licenses listing the same address, being listed on each others' car insurance.

if you want to get an idea of what could be asked during the interview, check out the reviews page for your local office -- http://www.visajourney.com/reviews/. good luck for the interview!

OP is talking about supporting documents that prove a bonafide relationship/marriage for the interview, not the initial AOS package. such evidence is a requirement listed on the interview letter.

Still don't need joint accounts. The interview IS part of the AOS, and they do not ask for any evidence like that at the interview. In our case they asked my wife a few questions about our house, what car I drove... nothing too intense, then they asked me a few questions about her and her family ... approved.

Joint accounts, sharing title to vehicles, real estate, both name on utilities and such is for ROC.

[kitthekat 1,317]

Still don't need joint accounts. The interview IS part of the AOS, and they do not ask for any evidence like that at the interview. In our case they asked my wife a few questions about our house, what car I drove... nothing too intense, then they asked me a few questions about her and her family ... approved.

Joint accounts, sharing title to vehicles, real estate, both name on utilities and such is for ROC.

this advice is misleading. if you read interview reviews for applicants adjusting from a K1, IOs can and have in many occasions asked for proof of commingled assets/finances at AOS stage. some leniency is accorded to newlyweds, but please do not give the blanket advice that it is not required at all until ROC as it is stated on the interview letter that the applicant should bring such documentation to the AOS interview. if the OP does not have joint accounts with her husband, she will need to show other proof of marriage at the interview.

with reference to the section in bold, not all K1s get an interview and so the interview is not always part of the AOS process. about 50% receive an interview waiver instead. for such cases, they will not be asked to show further proof of marriage other than a marriage certificate. however, as in the OP's cases, the other ~50% who receive an interview will need to show some proof that they are in a genuine marriage during interview time, and one big part of that is commingling of assets.

[kitthekat 1,317]

jc1216 - here is a recent-ish AOS interview review where the couple were asked to show a number of documents proving their marriage post-K1. you might find some suggestions from their list of evidence: http://www.visajourney.com/forums/topic/423240-k1-aos-interview-what-did-you-bring/?p=6134545

[Kathryn41 3,205]

It is a good idea to remember that every couple is a separate entity to USCIS and every interview will also be unique. While many may just be asked a few questions, others may have to provide as much validating evidence as they can to satisfy the interviewer.

The wisest course of action is the plan and prepare for a rigorous interview and end up taking home all of your evidence unseen, rather than expect an easy go and then have to prove the validity of the relationship to a suspicious Immigration Officer.

You do need to take evidence that shows you have a bona fide marriage and not one entered into for the sake of gaining immigration benefits. What can be used is quite open ended, especially as newlyweds may not yet have obtained a lot of the documentary evidence that those married for a longer time have. Still, it doesn't mean that you don't gather what you can and take it with you. A letter from your parent verifying that you live with them and their knowledge of your relationship is one suggestion. You can still open up a joint account. Hank is right - joint accounts aren't 'necessary', but they are useful to show that you are co-mingling even your limited assets at this time. Kitthekat did offer some very good suggestions about what you can bring.

Good luck at your interview and I hope it is one of the easy ones such as Hank mentioned.

[sweetswinks 400]

It is a good idea to remember that every couple is a separate entity to USCIS and every interview will also be unique. While many may just be asked a few questions, others may have to provide as much validating evidence as they can to satisfy the interviewer.

The wisest course of action is the plan and prepare for a rigorous interview and end up taking home all of your evidence unseen, rather than expect an easy go and then have to prove the validity of the relationship to a suspicious Immigration Officer.

You do need to take evidence that shows you have a bona fide marriage and not one entered into for the sake of gaining immigration benefits. What can be used is quite open ended, especially as newlyweds may not yet have obtained a lot of the documentary evidence that those married for a longer time have. Still, it doesn't mean that you don't gather what you can and take it with you. A letter from your parent verifying that you live with them and their knowledge of your relationship is one suggestion. You can still open up a joint account. Hank is right - joint accounts aren't 'necessary', but they are useful to show that you are co-mingling even your limited assets at this time. Kitthekat did offer some very good suggestions about what you can bring.

Good luck at your interview and I hope it is one of the easy ones such as Hank mentioned.

This! It's always better to be over prepared than to be underprepared. Just like it is to be early than to be late!

[KayDeeCee 4,893]

Still don't need joint accounts. The interview IS part of the AOS, and they do not ask for any evidence like that at the interview. In our case they asked my wife a few questions about our house, what car I drove... nothing too intense, then they asked me a few questions about her and her family ... approved.

Joint accounts, sharing title to vehicles, real estate, both name on utilities and such is for ROC.

Relationship evidence is asked for in the AOS interview letter. People are asked all the time at interviews to provide evidence of relationship. Telling people they do not have to bring what the USCIS asked them to based solely on anecdotal experience is not helpful. What if the OP took your advice and then was delayed approval because the IO asked them show joint accounts, shared lease, etc? They are things that are asked for at an AOS interview.

The AOS interview letter says to bring > "Supporting evidence of your relationship, such as copies of any documentation regarding joint assets or liabilities you and your spouse may have together. This may include: tax returns, bank statements, insurance documents (car, life, health), property documents (Car, house, etc.), rental agreements, utility bills, credit cards, contracts, leases, photos, correspondence and/or any other documents you feel may substantiate your relationship."

If the OP has no joint accounts, then they should bring other evidence types that they do have. Kathryn's suggestion of an affidavit from the parents stating they live together as a married couple with them in their home is good one. If you have any mail addressed to the both of you, then you can use those too. Photos of your wedding and with friends and family can also be used. Bring anything you can think of that will show the IO you living together and have a valid marriage. They tend to be understanding that you do not have a lot of evidence just yet.

[mcuzin1985 13]

Just to coincide with the others, some people are stating none of that is required until you hit ROC. That is not entirely true. I am bet that most of the AOS interviews consisted of the IO asking for those documents. It's not a requirement but makes the approval process a lot easier and a lot easier to get an on the spot approval.

Things you would def want to take bring is pictures of the USC's parents with you two. And obviously wedding pictures.

I would get 25 dollars and open up a Joint checking account so that you have "SOMETHING" to show them that is joint.

Good luck

[Hank_ 9,174]

Relationship evidence is asked for in the AOS interview letter. People are asked all the time at interviews to provide evidence of relationship. Telling people they do not have to bring what the USCIS asked them to based solely on anecdotal experience is not helpful. What if the OP took your advice and then was delayed approval because the IO asked them show joint accounts, shared lease, etc? They are things that are asked for at an AOS interview.

The AOS interview letter says to bring > "Supporting evidence of your relationship, such as copies of any documentation regarding joint assets or liabilities you and your spouse may have together. This may include: tax returns, bank statements, insurance documents (car, life, health), property documents (Car, house, etc.), rental agreements, utility bills, credit cards, contracts, leases, photos, correspondence and/or any other documents you feel may substantiate your relationship."

If the OP has no joint accounts, then they should bring other evidence types that they do have. Kathryn's suggestion of an affidavit from the parents stating they live together as a married couple with them in their home is good one. If you have any mail addressed to the both of you, then you can use those too. Photos of your wedding and with friends and family can also be used. Bring anything you can think of that will show the IO you living together and have a valid marriage. They tend to be understanding that you do not have a lot of evidence just yet.

Links below are to the instructions for the I-485 and the I-751, you can read very clearly that evidence of relationship is NOT part of AOS. If someone is getting asked for relationship evidence during AOS then the adjudicator is under-educated and needs to read the requirements for AOS. I would strongly suggest for those types to include a copy of the I-485 instructions with the evidence requirements highlighted! And if interviewed bring a copy along.

Facts are facts, show me a government link stating that relationship evidence is an requirement for AOS

http://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf (whole basis of ROC is relationship evidence)

http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf (page 4 item 10B lists what is ACTUALLY required)

You want to argue against the facts go talk to USCIS.

[KayDeeCee 4,893]

Do you really not understand the difference between initial evidence that is required at the time of filing the I-485, and other evidence that is asked for, either in an RFE or at an interview? This has nothing to do with what is required for ROC. We are talking about what is required for AOS.

You are referring to the initial evidence required with filing the I-485 from page 4 of the instructions. The instructions also state this, on page 6:

Requests for More Information, Including Biometrics, or Interview

We may request more information or evidence or we may request that you appear at a USCIS office for an interview.

I already quoted a USCIS source. You can read very clearly that relationship evidence IS required for an interview. The AOS interview letters come directly from the USCIS and state at the top if you do not bring what is stated in the letter, then you can be denied and cites 8 cfr 103.2(b)(13). You can see a copy of an AOS letter here(and find more on your own through Google) > http://candleforlove.com/FAQ/AOS/Sample_AOS_Interview_Letter.JPG

YOU MUST BRING THE FOLLOWING ITEMS WITH YOU:

Supporting evidence of your relationship, such as copies of any documentation regarding joint assets or liabilities you and your spouse may have together. This may include: tax returns, bank statements, insurance documents (car, life, health), property documents (Car, house, etc.), rental agreements, utility bills, credit cards, contracts, leases, photos, correspondence and/or any other documents you feel may substantiate your relationship.

How about the federal regulations code mentioned in the interview letter? http://www.law.cornell.edu/cfr/text/8/103.2

(b) Evidence and processing.

(1) Demonstrating eligibility. An applicant or petitioner must establish that he or she is eligible for the requested benefit at the time of filing the benefit request and must continue to be eligible through adjudication. Each benefit request must be properly completed and filed with all initial evidence required by applicable regulations and other USCIS instructions. Any evidence submitted in connection with a benefit request is incorporated into and considered part of the request.

(8) Request for Evidence; Notice of Intent to Deny—

(iii) Other evidence. If all required initial evidence has been submitted but the evidence submitted does not establish eligibility, USCIS may: deny the benefit request for ineligibility; request more information or evidence from the applicant or petitioner, to be submitted within a specified period of time as determined by USCIS; or notify the applicant or petitioner of its intent to deny the benefit request and the basis for the proposed denial, and require that the applicant or petitioner submit a response within a specified period of time as determined by USCIS.

(9) Request for appearance. An applicant, a petitioner, a sponsor, a beneficiary, or other individual residing in the United States at the time of filing an benefit request may be required to appear for fingerprinting or for an interview. A petitioner shall also be notified when a fingerprinting notice or an interview notice is mailed or issued to a beneficiary, sponsor, or other individual.

(13) Effect of failure to respond to a request for evidence or a notice of intent to deny or to appear for interview or biometrics capture—

(i) Failure to submit evidence or respond to a notice of intent to deny. If the petitioner or applicant fails to respond to a request for evidence or to a notice of intent to deny by the required date, the benefit request may be summarily denied as abandoned, denied based on the record, or denied for both reasons. If other requested material necessary to the processing and approval of a case, such as photographs, are not submitted by the required date, the application may be summarily denied as abandoned.

(14) Effect of request for decision. Where an applicant or petitioner does not submit all requested additional evidence and requests a decision based on the evidence already submitted, a decision shall be issued based on the record. Failure to submit requested evidence which precludes a material line of inquiry shall be grounds for denying the benefit request. Failure to appear for required fingerprinting or for a required interview, or to give required testimony, shall result in the denial of the related benefit request.

They can ask for other evidence, such as the relationship evidence that is listed as required for the AOS interview. I hope no one would take a copy of the I-485 instructions to an interview and tell the IO they do not have to submit anything else, or send a copy back as an RFE response instead of providing what they asked for. Well, unless they want to be denied that is. I strongly suggest people simply follow the instructions and requirements given to them by the USCIS and provide what is asked for.

Edited July 31, 2014 by KayDeeCee