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My wife came last year in February to visit here in SC. At the time we were not married and she was supposed to leave 3 weeks later. She did not leave and we decided to get married later and filed AOS. For the interview how hard is it to prove there was no intent to commit fraud and for those who have adjusted with tourist visa what kinds of questions were you asked? Is it ok to just say we decided she would stay?? Thank you for responding
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I came on work and travel, then changed to tourist visa and extended the tourist visa one more time, then changed to student visa and then i got denied another extension so i stayed and was unlawfully for 2 years... and the officer at the interview didnt ask any questions about it.Married USC Sept 8, 2019
Package sent Jan 24, 2020
Package received at MSC Jan 27, 2020
NOA for i130, i485, i765, i131 received Feb 10, 2020
Biometrics done Feb 25, 2020
Ready to schedule for interview April 20, 2020
EAD approved June 22, 2020
EAD received July 13, 2020
Interview notice issued Jan 6, 2021
Interview date Feb 10, 2021 -
If you are a U.S. citizen, your wife won't have any issue adjusting status because she was admitted lawfully at the port of entry and she got an I-94.Originally posted by Xjaguar23 View Post
Read the Inadmissibility rules so you have a better idea of which Immigrants are inadmissible to the U.S. Even some inadmissible immigrants can adjust status if they get an approved waiver. But that's not her case.
Your job is to focus on proving that your marriage is real, and you didn't marry only to get papers. So, you have to overwhelm your case with evidence that you guys are together and married for love. Evidence to prove a bonafide marriage includes: Filing taxes together, having bank accounts together, having credit cards together, having a house together or renting together (both on the lease agreement), having health insurance together, having letters of family and friends acknowledging your marriage and supporting the relationship, having bills together such as electricity, cellphones, internet, gas, etc etc (original mail. NOT online bills).... USCIS wants to see that you guys live together, and sometimes officers want to see those Original bills in the interview (not the ones downloaded and printed). The key word here is TOGETHER. All the paperwork showing both your names, commingling assets, sharing everything.... that shows that you're in it for the long run and not only to get a quick divorce after obtaining a green card.
Focus on proving your marriage, and the Immigration Officer has the discretionary authority to let go of the fact that she overstayed her visa.
Read the Immigration and Nationality Act INA 201 8 U.S.C. 1151
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