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Thread: Mohan or anyone else

  1. #1
    Hi Mohan, since you appear to be well informed in immigration matters, I would like your opinion on the following:

    My wife recently received a notice for a second marriage based AOS interview. This came 18 months after the first, which apparently went smoothly and lasted less than 15 minutes. Has anyone had similar experiences? What do I need to be prepared for - questions wise, otherwise etc.. Any feedback would be appreciated. Thanks in advance.

    After reading some of your posts:
    If for some reason we are denied approval - what happens?
    I came to the US legally on a F1 (student) VISA.
    I have been here just over 10 years. I have never left the country since my entry in 1995.
    I have not taken any government benefits, no criminal/bad moral issues what so ever. I have had issues with my VISA, being in/out of status - to a certain extent because of employer sponsors renegging sponsorships ... please advise if you can. I would much appreciate it. Thanks in advance.

    Also, since it has been more than 2 years into our marriage, not having a conditional card yet, if approved now, do I qualify for a permanent card ... and if so, should I ask for it ... hoping that we are approved. Thanks again.

    You may send me a private message if you prefer.

  2. #2
    Hi Mohan, since you appear to be well informed in immigration matters, I would like your opinion on the following:

    My wife recently received a notice for a second marriage based AOS interview. This came 18 months after the first, which apparently went smoothly and lasted less than 15 minutes. Has anyone had similar experiences? What do I need to be prepared for - questions wise, otherwise etc.. Any feedback would be appreciated. Thanks in advance.

    After reading some of your posts:
    If for some reason we are denied approval - what happens?
    I came to the US legally on a F1 (student) VISA.
    I have been here just over 10 years. I have never left the country since my entry in 1995.
    I have not taken any government benefits, no criminal/bad moral issues what so ever. I have had issues with my VISA, being in/out of status - to a certain extent because of employer sponsors renegging sponsorships ... please advise if you can. I would much appreciate it. Thanks in advance.

    Also, since it has been more than 2 years into our marriage, not having a conditional card yet, if approved now, do I qualify for a permanent card ... and if so, should I ask for it ... hoping that we are approved. Thanks again.

    You may send me a private message if you prefer.

  3. #3
    we have a similar problem. We raised a honduras, C. A. girl from age 5 and she is now 21. She came to us on a tourist visa and it was then changed to a school visa by INS when we lacked sufficient paperwork from Honduras to adopt her in this country. We tried to adopt her in this country after being told not to bring her back to Honduras to complete adoption as was originally planned due to changes in judges and stopping of adoptions. Lawyers and INS employees told us she was here legally and to leave well enough alone and that she could apply for green card etc when leaving high school. Unfortunately the lawyers had the passport for 15 years in their inactive file so we did not realize the school had only requested K-6 instead of K-12 so she has been out of status for 7 years Visa wise and passport ran out in 5 years. We found this out when we tried to transfer her to junior college and tried to proceed with getting a green card. We have seen 4 lawyers and done massive research online. No one wants to take this case and we don't have a lot of money for lawyers. She did nothing wrong. She came legally but is now illegal due to bad advice from INS and lawyers years ago and ignorant parents in ourselves! She has lived as our daughter since age 5 and has been educated in US schools for 15 years. She certainly is no terrorist threat but we are afraid to speak with INS again or file any petitions. She does have a serious boyfriend and they want to get married in a year but we don't know if she can get married or if that will help her status. What if he petitions for her to stay as his wife and they send her back? Any good legal advice from lawyers or people in similar situation would be greatly appreciated. Thanks

  4. #4
    we have a similar problem. We raised a honduras, C. A. girl from age 5 and she is now 21. She came to us on a tourist visa and it was then changed to a school visa by INS when we lacked sufficient paperwork from Honduras to adopt her in this country. We tried to adopt her in this country after being told not to

  5. #5
    If she came legally, with a visa, then she can adjust status through her US citizen husband without having to leave the country. (I'm not a lawyer.)

  6. #6
    Why does the INS sitee state that after being in this country out of status for over 1 year she could be sent back to Honduras and could not return for 10 years. How does she get married when the only legal document she has is a Certificate of Naturalization. Her passport is invalid and Visa ran out years ago? I would love it if you are right. We are so upset. She is volunteering because there is nothing else she can do. They won't let her into college, she can't work. She has a US ss# but it is printed on it "Not Valid for Work." If she's able to get married does she wait 2 years to apply for change of status through her husband? Is she going to have to go through the romoval of cancellation for deportation that I have been reading about on this discussion board. Any help from anyone would be truly appreciated. We are trying not to do anything illegal. The fact that she is here now illegally was not done intentionally. Thanks!

  7. #7
    Mohan or Aliba or others knowledgeable in this question..Could someone please reply to my last paragraph responding to Aliba comments to me? Thanks Candy

  8. #8
    Dr,
    Can you clearfy more , what you talking about? second interview?
    Let me clear you some things.
    Once alien want to adjust his/her status based on mariage he has to fill I130 and I-485. I 130 . Alien can fill bot farms concurrenty Or seperate but I130 will be processed first , once I130 isw approved then only I1485 will be processed.

    Both forms required Interviews, but sometime I130 interview will be waived based upon the evidence provided by the petitioner.
    I485 must have another interview.
    I guess you have first interview for I130 to prove ypur marriage is entered in good faith. Next interview is for I485 which has different requirements, including Poverty line , security checkup etc.
    If you approved and your marriage is more then 2 years old you will receive unconditional GC.
    Hope this helps.
    Its a discussion, not a legal advise..

  9. #9
    marriage not recognised by Immigration Or AOS denied?

    I meant, I-130 denied Or I-485 denied? both are two different things.
    If AOS denied then you have to file an appeal in AAO.
    there should be solid reason to deny AOS.
    Its a discussion, not a legal advise..

  10. #10
    dr;
    Seems like u r not disclosing the whole thing unintentionally!!!
    BUt wat happend after the 1st interview. Was it held up for the security clearance or due to more eveidence or!!!???? And wat was ur status before the filing for the adjustment. And as MOhan says ; is it once for the I-130 and the next for the I-485 or ........No idea wat u r telling coz nobody has 2 interviews for the same purpose.
    sam

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