AOS: When if at all to have an I-601 ready for CCP Membership

[Greg.D.]

A fundamental problem with the K1 visa -> AOS route is: after arriving in the U.S. and marrying (and maybe even giving birth) you can later be denied at the AOS stage. The second that your case is denied, your work authorization is cancelled and you are in a gray legal status until appeals are exhausted, at which time you will get a letter for removal. This happened to us, all due to mistakes made by our local case officer.

 

Logically, one shouldn't go through the same test for admission twice, but that is what one chooses when choosing K1.

[dnoblett]

A fundamental problem with the K1 visa -> AOS route is: after arriving in the U.S. and marrying (and maybe even giving birth) you can later be denied at the AOS stage. The second that your case is denied, your work authorization is cancelled and you are in a gray legal status until appeals are exhausted, at which time you will get a letter for removal. This happened to us, all due to mistakes made by our local case officer.

Logically, one shouldn't go through the same test for admission twice, but that is what one chooses when choosing K1.

This really is not the case with the K-1 only a big red flag would derail this one like the discovery that someone paid the US Fiancée to apply for the K-1 AKA Marriage fraud or a sham marriage.

[Randy W]

 

A fundamental problem with the K1 visa -> AOS route is: after arriving in the U.S. and marrying (and maybe even giving birth) you can later be denied at the AOS stage. The second that your case is denied, your work authorization is cancelled and you are in a gray legal status until appeals are exhausted, at which time you will get a letter for removal. This happened to us, all due to mistakes made by our local case officer.

Logically, one shouldn't go through the same test for admission twice, but that is what one chooses when choosing K1.

This really is not the case with the K-1 only a big red flag would derail this one like the discovery that someone paid the US Fiancée to apply for the K-1 AKA Marriage fraud or a sham marriage.

 

 

 

Begin reading here for the counter-example - http://candleforlove.com/forums/topic/46971-my-interview/?p=631674

[Greg.D.]

Even an officer's decision that your marriage is a sham is by definition a subjective determination, meaning not subject to a predictable process that considers the standards of evidence.

 

When I think that applicants from other countries can actually skip an AOS interview and just have a card mailed to them but Applicants from China must appear for an interview, there is already at least some bias against the applicant and still leaving plenty of room for procedural errors, I would not tell anyone that only a sham marriage will cause denial of AOS.

 

Certainly subjective and personal bias used to be rampant in Guangzhou.

[homerjay1011]

Well, I guess we will just submit, cross our fingers, and hope for the very best! By the way this leads me to a follow up question, I was reading on visajourney what is needed to submit with I-485 and it didn't list anything like evidence of continued relationship, which I kind of expected. Is it recommended by those on this forum that we pad our I-485 with more evidence of our relationship?

 

 

Good golly gosh Greg! I can't believe you and your wife we're put through such a ringer! I'm so so sorry! No one deserves to go through anything like that, let a lone when a baby is involved! My heart goes out to you <3

[Randy W]

Well, I guess we will just submit, cross our fingers, and hope for the very best! By the way this leads me to a follow up question, I was reading on visajourney what is needed to submit with I-485 and it didn't list anything like evidence of continued relationship, which I kind of expected. Is it recommended by those on this forum that we pad our I-485 with more evidence of our relationship?

 

 

Good golly gosh Greg! I can't believe you and your wife we're put through such a ringer! I'm so so sorry! No one deserves to go through anything like that, let a lone when a baby is involved! My heart goes out to you <3

 

 

You can carry a bag full of relationship evidence with you to the interview, or you can try to front load your application with enough evidence to hopefully AVOID an interview.

 

Legal documents - bank statements, tax returns, driver's license - and pictures are helpful.

 

CCP Membership Issues

[homerjay1011]

Thanks Randy we will frontload our application with relationship evidence and should an interview be warranted, we will make sure and bring evidence to it to! Thanks for the suggestions! I'm going to see about getting us a joint bank account now and she's been taking driving lessons so the license is on the way =]

 

Thanks again! You all are such a great help!

[Greg.D.]

Can't remember if you had a co-sponsor. You would want to get last 3 years of tax returns.

If you had a lease, for example, it would be helpful to show that both of your names were on it. And anything showing co-mingling of finances, though that is not always possible (my credit union wouldn't let her on the account without a green card, I think. Really stupid ... or, because her SS card said one thing, but her passport said another last name-wise).

 

More pic's are nice. There are a few YouTube videos where someone discusses preparing for the AOS interview. It's a little food for thought and is something to do during the long wait so you feel like you are doing something.

 

We are still stuck with her un-married name on her green card (they ask during the AOS interview what name you want on the green card, just another opportunity for the case officer to make an error later). Have a INFOPASS scheduled soon to ask about how to fix that.

 

I did see a couple get the dreaded "Stokes interview". The woman looked like a KTV girl from phillipines ... wore her shortest, tightest dress and highest heels. The guy played games on the phone most of the time. They interviewed them separately.