Urgent question regarding AOS interview on Tuesday

[asdjklhe 0]

Hello,

I have a question regarding the situation my husband and I are currently in. We got engaged on October 16th, 2006. My husabnd was here on an F-1 student visa, but fell out of status on February 10th. We had planned on marrying in April, but we decided to get married early so he did not have to return to Pakistan and I would not have to file a Fiance petition for him. We got married on February 16th, 2007. I mailed my I-130 to the Vermont service center on February 26th, and it was transferred to California sometime in May. We did not know that we could concurrently file for my husband's I-485, so we did not file that until March 15th. We sent it to the Chicago Lock Box Facility, and it was transferred to Mount Lee Missouri and then to NBC in Missouri. On June 8th, we received a letter saying that our I-130 was approved. On July 2nd, we received notice to appear for an interview in New, NJ regarding the adjustment of status. I was just worrying about two things:

1) Will the fact that our I-130 already got approved have any bearing on what happens during our I-485 interview? I have read elsewhere that the I-485 and the I-130 usually get approved/denied at this interview, so I was just wondering what happens if half of our case has already been approved going into the interview.

2) I am worried that our interviewer will look at our case suspiciously since I decided to marry my husband after he fell out of status. When he originally fell out of status, I called USCIS and asked them if it was okay to marry him to keep him here, and they said the only decision I had to make was whether or not I wanted to apply for him as a spouse or a fiance. I decided to marry him early to keep him in the country while our petition was being filed, but I am worried this can be interpreted as a sham marriage by USCIS...especially because we are newlyweds and we do not have all the evidence USCIS asks for such as joint health insurance or joint property together. (We are still college students, so we just don't have these things, joint or otherwise). We have other things such as a lease for joint residency, joint bank account statements, photos, third party testimony from family members and a neighbor, as well as college transcripts and proof of a relationship before the marriage.

Any advice would be helpful, as we are very worried, and our interview is next Tuesday.

Thanks,

-Meg

[Dr_LHA 3]

No your approved I-130 will have no bearing on how your interview will go. That's not a bad thing though!

As for your husband's out of status, it doesn't matter as overstay is forgiven if married to a US Citizen.

[Kez/JWolf 6]

The I-130 being approved first is not a problem..... they are only approved together when you file the I-130 and AOS together.... it will not cause you any problems at the interview...

The evidence that you have is good... do you have any mail that is addressed to you both??? Write a Health Proxy each naming each other as your proxy.... join a video club (Blockbusters) in joint names... holiday cards and letters from family or friends to you both... just a few things that could help...

Dont worry about the interview I am sure you will do OK..

Good Luck

Kez

[asdjklhe 0]

Thank you; the health proxy form and the cards are great ideas, and I will do that immediately. I am worried about the blockbuster account, however, because if we start an account right now it will just seem like we are fabricating evidence for our interview since it is so close.

[rebeccajo 14]

USCIS looks for 'co-mingling' of assets as one proof of bonafides. These things are sought because the AO needs paper proof to place in your file to back up the decision they will make that day - a decision that will largely be based on what they perceive during the interview itself.

Don't mess about trying to 'fabricate' evidence. Take what you have. You can't 'mingle' assets that you don't have but you can present as accurate a picture as possible based upon your present social and economic situation.

Our AO kept copies of our bank statements, a deed, and a tax return. He looked over our wedding album but declined our offer of duplicate wedding pictures for his file. He seemed particularly interested in pictures of us with family.

Be yourselves, be factual and accurate, and be truthful. The desired result should follow.

[asdjklhe 0]

One more thing:

Because we got married this year, we do not have joint tax returns. I have read that this is a document commonly asked for. Will this be a problem if we can't show them?

Thanks for everyone's input!

-Meg

[Dr_LHA 3]

One more thing:

Because we got married this year, we do not have joint tax returns. I have read that this is a document commonly asked for. Will this be a problem if we can't show them?

As you got married this year, it would be impossible for you to have joint tax returns. Therefore it won't be a problem for you not to show them. If asked for it explain this to the interviewing officer. You can't show evidence that would be impossible to have.

[athena_ny 1]

No your approved I-130 will have no bearing on how your interview will go. That's not a bad thing though!

As for your husband's out of status, it doesn't matter as overstay is forgiven if married to a US Citizen.

My husband was out of status for 4.5 years, it wasn't even mentioned at the interview.

[asdjklhe 0]

Will it matter that I did not change my maiden name to his? I like my last name, and I have a small family, so I did not want to abandon my family name. Will AOS look at this as prrof that I didn't take the marriage seriously?

Thanks for all your help and comments. It means a lot. We are very nervous!

-Meg

[Yodrak 7]

-Meg,

In and of itself it will not matter that you have not changed your surname. But it is a piece in the total picture that is being shown for for the adjustment of status.

Yodrak

Will it matter that I did not change my maiden name to his? I like my last name, and I have a small family, so I did not want to abandon my family name. Will AOS look at this as prrof that I didn't take the marriage seriously?

Thanks for all your help and comments. It means a lot. We are very nervous!

-Meg