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Hemutian

AOS interview checklist and questions

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Filed: K-1 Visa Country: China
Timeline

Hi,

 

I know this is a perennial topic.

However, I do have some specific questions that I haven't seen answered here, so that's why I'm creating yet another thread.

My wife's AOS interview has been scheduled for the end of this month (Jan. 2021) at the San Francisco USCIS field office.

She filed for AOS before Oct. 15, 2019, so she's not subject to the new I-944 rules.

I'm assuming that we're going to be interviewed together, and not subject to a "Stokes interview", but I'm not 100% sure. 

 

Below you can see my categorized list of all the documents that I've gathered and plan to bring to the interview.

But first I have some questions I want to put to the VJ community. 

 

1. Missing documents

There are several documents in the "suggested" list which we do NOT have. Specifically,  her driver’s license or state ID (she doesn't have one yet), joint lease agreement, mortgage, or utilities (we've been living rent-free at my parents' house), letters and W2s from current employers (we're both currently unemployed), life insurance (don't have any yet), auto insurance or joint ownership (car is still in my name only because she doesn't drive yet), or joint liabilities. We've no sponsors, no previous divorces, no children, so those docs are all n/a. I'm assuming that none of the above missing documents will be a "dealbreaker" since we still have plenty of evidence that does prove our relationship (listed below). I realize the fact that we're both currently unemployed might seem like a red flag. Would it be a good idea for me I bring some additional evidence showing that I have been looking for a job (resume, job applications, etc), and her planning for her career goals? Or is it enough to simply explain this verbally if we're asked about it? I'm assuming that the interviewer will be somewhat understanding that the job market is particularly unstable recently due to the Coronavirus and shelter-in-place orders. In any case, as my tax returns show, I have more than enough income from investments to put me well above the required minimum income threshold so I'm assuming this should not be a "dealbreaker"?

 

2. I-765 and I-131 renewal applications?

We originally submitted forms I-765 and I-131 with the full AOS package back in Oct. 2019, and got the AP/EAD combo card in Mar. 2020.

In Sep. 2020 we against submitted forms I-767 and I-131 for AP/EAD renewal. Should I bring the original I-765 and I-131 applications from Oct. 2019, or the renewal applications from Sep. 2020 (or both)?

 

3. Other documentation from K1 process?

Planning to bring copies of the full K1 package, as well as the approval notice from the I-129F application. Do I need to bring other correspondence from the overseas K1 phase, such as the various notices of action and correspondence from the overseas consulate?

 

4. Originals vs. copies?

I'm still a bit confused about how many copies of each document I should be bringing. I have originals for passports, social security cards, birth certificates, marriage certificate, all received I-797s and I-797Cs, EAD/AP combo card. Do I need to bring photocopies of all these original documents as well? For evidence of cohabitation, and co-mingling of finances, insurance, etc. I assume that I can just print out screenshots from online banking, my insurance portal, etc, and don't need copies certified by my banker, insurance provider, or a notary public?

 

5. Certification for letter?

My parents will write a letter explaining that my wife and I have been living in their home since moving to the US, for a period of time longer than originally intended due to the Coronavirus and shelter-in-place order. Is it enough that they simply sign and date this letter, or do I need to have it certified by a notary public?

 

6. Updated I-864?

Somewhere on VJ, I recall reading about "updating" the I-864 to reflect the most up-to-date financial information. That's not right, is it? 

I am planning to bring the version of form I-864 originally submitted in Oct. 2019 (based on the info in my 2018 tax return), plus copies of my most recent (2019) tax return, which I assume should be enough to demonstrate to the interviewer my most recent financial situation without re-doing the already-submitted form. 

 

7. Interview language issues

The interview instructions say to arrange for a translator by conference call if needed. My wife's English is so-so. As in, definitely not 100% fluent. She should be able to comprehend most basic questions, but if the interviewer asks more complicated questions she could have trouble understanding. She should be able to answer most any questions in English, albeit her grammar won't be perfect. I'm fluent in my wife's language (Mandarin), and acted as Interpreter on all her forms. In this situation, am I allowed to serve as translator if needed? Mainly, in the case the interviewer asks her a more complex question, am I allowed to translate it to Mandarin for her, after which she would then use her best English to answer? I understand that if my wife's English were 0%, and I was translating her answers from Mandarin back to English, that might be a problem, because the interviewer could suspect I have a bias and am not translating correctly. But if I only help with translation from English to Mandarin, and then let her speak for herself to answer the questions in English, should that be okay? Or do I need to arrange for a professional third-party translator to be on call to go on conference call if necessary? It also occurs to me that this being the San Francisco field office, there are probably staff there who are fluent in my wife's language. However, I have no way to know whether her interviewer will be one of them or not. 

 

Below is my checklist so far. Am I missing anything? 

Thanks in advance, and sorry again for creating yet another thread on this topic.

 

Documents for identification purposes
•    both our passports
•    both our social security cards
•    both our birth certificates (plus translation of hers)
•    her police report (plus translation)

 

Documents from K1 application through POE
•    full I-129F application package (plus supporting documents)
•    her records and CD from pre-K1 medical exam
•    I-797 (approval of I-129F)
•    I-94

 

Documents from AOS application
•    marriage certificate
•    full AOS application, including I-485, I-864, I-765, and I-131 (plus supporting documents, including 2018 tax return and 1099)
•    I-797C (notices of receipt of I-485, I-864, I-765, and I-131)
•    I-797C (biometrics appointment letter)
•    I-797 (notice of approval of I-765 and I-131)
•    her EAD/AP card
•    I-797C (notices of receipt of I-765 and I-131 [1 yr renewal])
•    I-797C (I-485 interview appointment letter)

 

Supporting evidence of relationship
•    most recent (joint) tax return and 1099 (most recent: 2019)
•    joint health insurance
•    record of her additional immunizations since coming to the US
•    evidence of joint dental bills
•    joint credit card
•    joint bank account/evidence of co-mingled finances
•    joint AT&T account

•    her enrollment in ESL classes at our local community college
•    joint Apple music family subscription
•    mail addressed to her and me at same address
•    correspondence between her and my family and relatives
•    receipts from our travel together in the US
•    photos 
•    signed letter from my parents stating that my wife and I live together at their house

 

Items we do NOT have
•    driver’s license or state ID (her)
•    joint lease agreement or mortgage
•    letters from current employers 
•    life insurance
•    auto insurance or joint ownership
•    joint liabilities
•    utility bills


 

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29 minutes ago, Hemutian said:

Is it enough that they simply sign and date this letter

Yes.

29 minutes ago, Hemutian said:

which I assume should be enough to demonstrate to the interviewer my most recent financial situation without re-doing the already-submitted form.

Current income is KING. Even the most recent tax return info could be outdated when compared to current situation. The IO may ask for more current documents.

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Filed: K-1 Visa Country: China
Timeline
36 minutes ago, HRQX said:

Yes.

Current income is KING. Even the most recent tax return info could be outdated when compared to current situation. The IO may ask for more current documents.

Thanks for your response. Unfortunately, the timing of the interview makes this tough. I won't have my 1099 showing 2020 income until February, just after the interview. At the time of the interview, my tax documents will all be almost one year out of date. Maybe I should request that my broker write a letter summarizing my investment income in 2020 in lieu of the not-yet-prepared 1099?

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Filed: K-1 Visa Country: China
Timeline

I apologize for doing this, but I was really hoping to get some more quality responses to my questions above in advance of my wife's interview, but it looks like my thread got buried on this sub, so I'm writing this reply so that it gets pinged back up to the top of the sub. 

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