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View Full Version : Overstayed Visa - AOS Interview


Jake01
10-24-2007, 07:18 PM
Our Appointment was at 1pm, we got there about 20 minutes early, had to go thru Security, and show my Appointment Letter, whereby the guard, wrote on the time we arrived, and told us to put the letter thru the opening in a glass window, that will drop into a box. It was very cold in the waiting room, so take a cardigan if you get chilly easily. There was a fair number of people there, but we got called about 1.20 pm.

The Immigration Officer escorted us to her office, whereby she swore us in, we all sat down, and she asked my name and address, date of birth, and then went down the list of NO questions on the I-485 (ie, Terrorist, prostitution etc.,) she then asked if we had bought the evidence that was asked for in our interview letter, my Passport, I-94, a letter from employer, stating pay and hours worked a week, and evidence of a Bona fide marriage, we passed her my passport, I-94, letter from employer, and told her that we dont have much in joint names, only rental leases on 2 homes, Gas Bill, car registered in both our names, we couldn't get a joint bank account without having a valid visa, she was fine about this, all this was in a ring binder, she went thru every thing, I also had photo's in there, of when we were living in England, the two of us together and photo's with my family, photo's of us in the US, at the house, our dogs, and christmas ones that we spent with his parents. She asked if I had applyed for a Social security number, which I passed her my card, she wrote down the number, asked if I was working yet, I said no, that I need to get my drivers licence before I can start work as we live out in the country.

The Immigration Officer then asked why I had overstayed my visa, I told her that I didn't intent to, and showed her my return flight ticket, and explained that our intentions was, that I came over for a vacation, trucking around America with partner for two months, see how we feel at the end of my vacation, and that we had every intention of going back to the UK at this time, about 2 weeks before I was due to fly home the Truck broke down, Hubby proposed and we got married. (we explained in more detail than this but don't want to bore you)The IO was satisfied with this.

Then she turned to my husband, (this is where it gets complicated and personal), he has had ties with the UK for a number of years, and was married twice before, to UK Citizens, they both started the AOS process, but never got to the stage of completing it, never went for Interview, abandoned the process, and left the US to go home. Of course he had to explain his past marriages, why the divorces, and if they left the country or if they were still here, The IO was satified with the divorce itself, but said she would have to check into the whereabouts of the previous 2 wives, as you can only apply for AOS a certain number of times. and she thought that 3 was ok but had to look into it.

By this time we had been in there for 45 minutes, the Immigration Officer was really nice, and finally she said, that was all she need to know, that she was happy with me, but,... she said that if we had only just got married she would have denied us, as we have just had our 3rd anniversery she was happy with our marriage, but will have to further her investigations into the 2 previous wives, and that she will be intouch with us by letter with her decision in 2 - 4 weeks, she told my husband that she didn't want to see him in her office again, in which I replied, not to worry about that as I have a ball and chain around his ankle, which made her laugh.

We came out of there, feeling drained, and more stressed knowing we had to wait another 2 - 4 weeks for an answer, only to find out that we received an email after the weekend saying "notice mailed welcoming new permanent resident"

All in all, the Immigration officer was really nice, she was very professional, polite, she was serious thru the interview, but joked and had a little laugh once the interview was over.

The Only advise I can give is, if you are a USC who has been married a few times with spouses from different countries, try and get evidence that they have left the country, and check out the amount of times you can marry and go thru the AOS process.

curnaco
10-25-2007, 04:06 PM
Wow, I just got a little stressed from reading your Interview, I can't imagine how it really feels to be there........

Thanks for posting this, It really helps. Congratulations on your Case!!!!!!!!

Jake01
10-25-2007, 05:09 PM
Thanks Curnaco, I felt the prev. marriages was going to be an issue before going there, but it all worked out fine in the end, I actually thought she was going to deny us, as she never took any photo's and never asked how we met, or any of the normal questions, that I thought were usually asked, but every interview is different and depending on your own situation I suppose, anyway I am so glad we got that email so soon, I think we would have been nervous wrecks if we had to have waited 2 - 4 weeks, thanks again on the Congrats!

Epitaph
11-06-2007, 09:38 PM
Wow, so they would deny new marriages? =/
This gets me a little nervous, my about-to-be marriage isn't fake, and I've been with this guy for 4 years (dating).

kitkat1
11-06-2007, 10:13 PM
It's not so much about a marriage being new - they were adjusting from a visa overstay which can raise suspicion in general since they didn't use the correct type of visa. But anyone going to an AOS interview has to be prepared with proof of the validity of their relationship, just as when filing initial petitions/consular interviews.

Epitaph
11-06-2007, 10:18 PM
It's not so much about a marriage being new - they were adjusting from a visa overstay which can raise suspicion in general since they didn't use the correct type of visa. But anyone going to an AOS interview has to be prepared with proof of the validity of their relationship, just as when filing initial petitions/consular interviews.

yeah, I overstayed a visa, but not purposely, I came here at the age of 2, and now I'm 18, its not like I could have left on my own.
Right now I don't have any bills or joint credit cards with him. What kind of proof should I then show?
I have pictures, letters, ect. but I don't know if thats enough.

Epitaph
11-06-2007, 10:31 PM
...

Jake01
11-06-2007, 11:49 PM
OK, I need to let you know that it wasn't due to the overstay, the Immigration officer told us this, they didn't have a problem with me the Alien, what they did have a problem with, is that fact that my husband (USC) had already married 2 other woman from England, they needed to find out if there was fraud on his part, i.e. getting paid to get previous wives their greencards, this WAS NOT the case tho, as the marriages did not work out, and his previous british wives left the country and went home to the UK, DHS, just had to make sure they actually left, also there is a limit to how many times a USC can petition an alien.

SHELLYFCO
11-15-2007, 05:55 AM
Jake, did you have to bring a whole laundry list of documents to the AOS interview? We just received our interview appointment letter and it seems they are asking for everything we just submitted with our AOS Application - ugh.

DaveH
12-03-2007, 06:19 PM
I assume they ask if the priors had left the country based on them not finishing the AOS process. I have one former wife from down south who is still here, although legal. She never was illegal so I don't think it will matter. I wonder if they have a 'limit' to the number of times you can be married before they think its too many. Is five too many? I guess I'll find out soon enough.

SHELLYFCO
12-03-2007, 08:01 PM
I assume they ask if the priors had left the country based on them not finishing the AOS process. I have one former wife from down south who is still here, although legal. She never was illegal so I don't think it will matter. I wonder if they have a 'limit' to the number of times you can be married before they think its too many. Is five too many? I guess I'll find out soon enough.

They do flag sponsors who have sponsored two or more K-1 or K-3's, not sure if the number of marriages raises an eyebrow. You will want to make sure you have proof that you are free to marry (divorce decrees for all previous marriages).

DaveH
12-03-2007, 10:12 PM
Already gathered the prior decrees. The lawyer doing the paperwork was a bit amused at the quantity. The last and only prior time I sponsored was about 20yrs ago. Hopefully these people will only be amused as well.

Jake01
12-09-2007, 06:43 PM
From what the immigration officer told us, is that they are only interested in marriages that have been previously sponsored, they wouldn't have been concerned if my husband had been married to US Citizens. DaveH you will be fine. I was the 3rd Wife my husband had sponsored, but the previous wives had left the country before an Interview Appointment was sent. so they just needed to check into that. I must admit I thought that would take ages, but in fact we had our answer by email on the monday after our interview which was the Thursday.

lala
01-04-2008, 02:06 AM
Did the officer already have the info on the ex wives from their records or did your husband volunteer the info.

Jake01
02-18-2008, 08:00 PM
All we had was the divorce papers, the IO had to find out if they infact left the country, my husband did tell them the dates they flew back to the UK but that is all.

jolantarenee
03-16-2008, 10:14 PM
My husband is USC, was married twice, one wife isn't in the country, but the second is, however they were married for 5 years and have a daughter. This is his 3rd marriage to allien (me). Anyone knows if he is still ok to petition? Thank you for your help.