Marriage-based AOS Interview - Questions re: Immigration Fraud intent

[BigBuford 3]

Hey everyone,

 

My spouse (an Australian citizen) and I (US citizen) are preparing for our upcoming marriage-based AOS green card interview.  I lived abroad in Australia with my spouse and our child (who is a US citizen) for a few years before returning back to the US by myself due to work.  Obviously, since my spouse is an Australian citizen, she does not need to come here on any type of visa since she can come into the US for up to 6 months in a 12 month period.  Shortly after her and our child's most recent visit to see me in the U.S., we decided to apply for the AOS process to get her green card.  My inquiries are related to interview questions surrounding immigration fraud intent and the adjustment of status process.

 

 

1- Is it common for the IO to ask us why we decided to apply for adjustment of status?

 

My understanding is when she and our child came to visit me in the States, it is considered immigration fraud if she had intended to to adjust her status while visiting me in the U.S.  But I understand it's very hard to prove intent.

 

What would be a valid response?  Could we say that being away from each other was too much of a hardship on the family and we only realized that we wanted to do AOS after she was already here visiting me?

 

 

2- Is it also common for the IO to ask if we ever considered for my wife to come visit me in the States and apply for AOS while she is here?  If so, what would a valid response be?  I mean we did discuss possible plans for her and our child to come but after I've settled into my job.. so this was never finalized as an option.

 

 

Thanks in advance for your help!

[payxibka 10,047]

11 minutes ago, BigBuford said:

Hey everyone,

 

My spouse (an Australian citizen) and I (US citizen) are preparing for our upcoming marriage-based AOS green card interview.  I lived abroad in Australia with my spouse and our child (who is a US citizen) for a few years before returning back to the US by myself due to work.  Obviously, since my spouse is an Australian citizen, she does not need to come here on any type of visa since she can come into the US for up to 6 months in a 12 month period.  Shortly after her and our child's most recent visit to see me in the U.S., we decided to apply for the AOS process to get her green card.  My inquiries are related to interview questions surrounding immigration fraud intent and the adjustment of status process.

 

 

1- Is it common for the IO to ask us why we decided to apply for adjustment of status?

 

My understanding is when she and our child came to visit me in the States, it is considered immigration fraud if she had intended to to adjust her status while visiting me in the U.S.  But I understand it's very hard to prove intent.

 

What would be a valid response?  Could we say that being away from each other was too much of a hardship on the family and we only realized that we wanted to do AOS after she was already here visiting me?

 

 

2- Is it also common for the IO to ask if we ever considered for my wife to come visit me in the States and apply for AOS while she is here?  If so, what would a valid response be?  I mean we did discuss possible plans for her and our child to come but after I've settled into my job.. so this was never finalized as an option.

 

 

Thanks in advance for your help!

1.  Yes

2.  Valid response is the truth.  Intent is determined at the border by the CBP.  I would not worry so much about it 

[BigBuford 3]

Thanks @payxibka  yes.. good to not overthink it.  But I was concerned since there was another topic posted here by a Canadian who was living with his US spouse for 108 days with most of his personal belongings at her place and then he got barred from entry into the US from his latest trip to return to the US.

[payxibka 10,047]

9 minutes ago, BigBuford said:

Thanks @payxibka  yes.. good to not overthink it.  But I was concerned since there was another topic posted here by a Canadian who was living with his US spouse for 108 days with most of his personal belongings at her place and then he got barred from entry into the US from his latest trip to return to the US.

Yes, because the CBP made a determination at the port of entry.  Once inside it's a different situation.