AOS interview any help

[Raymond987654 0]

Hello VJ, a quick question here on i485 interview expectations. I have had a previous marriage with a US citizen when I was back in school with an f1 status, we had irreconcilable differences and the marriage lasted for a year and five months and ended in a divorce. From the beginning till the end of the marriage I DID NOT submit any immigration benefit request to the USCIS and I have never applied for a change of status based on marriage from this marriage. I maintained my f1 status till I graduated from the university and after I graduated from University I applied for a work permit based on f1 eligibility and I was approved the work permit. Now I found someone I love and we plan to get married and I plan on requesting for a benefit based on this marriage, can anyone share their experience or do you think I need a lawyer or not? Like I said, I have never applied for a benefit from the USCIS based on marriage before and I have never overstayed my visa. Thank you

[Nikolet Kamenov 77]

I think you have a very straight forward case. It seems you dont have any complications so i wouldnt tell you to get a lawyer if you can do everything yourself. Its always good to have a lawyer to help you out and you dont really have to do anything they do it all, however it costs a lot. I did mine by myself and i am fine so far...

[Raymond987654 0]

@Nikolet...thanks for your response, I think I should be good without a lawyer. THanks again.

[jkstark 97]

As long as you are currently legal, and have no other barriers for entry, there should be no issue - at least in theory.  I'm sure that you will get grilled about both marriages, so the more evidence that you have on hand about both and what all has happened with each, the better off you will be.  Make sure you have evidence to justify that you did not have any intent to defraud with the marriage, and you should be OK. (Pictures together, bank statements showing joint accounts, trips taken together, friends who will vouch for you, etc.)

 

Kris

[Raymond987654 0]

12 minutes ago, jkstark said:

As long as you are currently legal, and have no other barriers for entry, there should be no issue - at least in theory.  I'm sure that you will get grilled about both marriages, so the more evidence that you have on hand about both and what all has happened with each, the better off you will be.  Make sure you have evidence to justify that you did not have any intent to defraud with the marriage, and you should be OK. (Pictures together, bank statements showing joint accounts, trips taken together, friends who will vouch for you, etc.)

 

Kris

 

Thanks Kris, I have justifiable evidence about the previous marriage and I was just very careful not to be forward to request for benefit through that marriage. I have bank account records, pictures and other supporting  documents. SO what do you mean by (have no other barriers for entry?)

[jkstark 97]

1 minute ago, Raymond987654 said:

 

Thanks Kris, I have justifiable evidence about the previous marriage and I was just very careful not to be forward to request for benefit through that marriage. I have bank account records, pictures and other supporting  documents. SO what do you mean by (have no other barriers for entry?)

Ie. there is no other reason why you would be considered inadmissible - nothing that you have stated makes it seem that you do, but I mention it only for completeness.  Things like an entry into the country without inspection, other legal impediments and the like are that general problems that some people face.  With such a scenario, talking to a lawyer first would be critical, and having them give representation can be the difference between getting a conditional GC and facing ICE at the USCIS office..

 

Of note, though not related to your case, a simple overstay doe not necessarily mean that you are deemed inadmissible/ineligible...

 

So - if you are otherwise eligible to be in the country currently, and have a valid and legitimate marriage, you should face not real hurdles.  However, I'm pretty certain that you will probably face a good deal of questioning about your first and second marriage, regardless of the fact that you did not attempt to gain any immigration benefit from the first one.

[Raymond987654 0]

11 minutes ago, jkstark said:

Ie. there is no other reason why you would be considered inadmissible - nothing that you have stated makes it seem that you do, but I mention it only for completeness.  Things like an entry into the country without inspection, other legal impediments and the like are that general problems that some people face.  With such a scenario, talking to a lawyer first would be critical, and having them give representation can be the difference between getting a conditional GC and facing ICE at the USCIS office..

 

Of note, though not related to your case, a simple overstay doe not necessarily mean that you are deemed inadmissible/ineligible...

 

So - if you are otherwise eligible to be in the country currently, and have a valid and legitimate marriage, you should face not real hurdles.  However, I'm pretty certain that you will probably face a good deal of questioning about your first and second marriage, regardless of the fact that you did not attempt to gain any immigration benefit from the first one.

Got you on the clarification, and yes I was granted entry at the airport when I arrived the US on f1 status, I went to my intended university and graduated without falling out of status throughout my program. I applied for a work permit last year on my own with f1 and was approved. I anticipate questioning about the first marriage and I have my reasons I had to cut it off. I have my MSc now and planning on goin for my PhD.