AOS Interview Coming Up, Have Questions

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gibby013

Registered Users (C)
Hi All. Im going to sum up me and my wife's love story to explain our situation. My wife is Brazilian and we met online in Feb of last year and we talked and fell in love over the the 4 months. She came to visit me, not intending to stay permanently, in June for a couple months and we decided to get married at the end of Aug because we just couldnt stand the thought of being apart from each other.

We filed all the necessary paperwork and now have our AOS interview on March 9th. Are they going to assume that she came here on a tourist visa just to adjust status and stay? Will the round trip ticket that I bought for her and her 5 year old daughter still being in Brazil living with her mother be enough proof that she did in fact intend on returning? Should we just say that we didnt know each other beforehand and we met while she was here on vacation? We will be applying for a visa for her daughter after the interview. Please Help
 
Apply for her daughter now. Why waste time by waiting for the interview? It's going to take 6-12 months for her daughter to complete the process, so don't waste any more time by delaying her application.

It may look suspicious if you don't apply for her daughter. It's understandable that you didn't apply for your wife and her daughter at the same time, because your wife would have to be in Brazil to take her daughter through the formalities. But at this point there is no good reason for not filing for the daughter yet.

Are they going to assume that she came here on a tourist visa just to adjust status and stay?
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Yes they will probably assume that, but after being admitted with the visa they are generally lenient on this issue for spouses of US citizens. What they are NOT lenient about is lying, so don't try to make up a story about knowing her for the first time when she was here on vacation. Interview questioning can be very thorough and detailed, and if you're not telling the truth they'll easily catch you giving inconsistencies and illogical answers as the questioning gets deeper.
 
We didn't apply for her daughter yet because she needs to have her lawyer in Brazil get the father (who is not involved) to sign over custody on her so she could legally leave the country. We were assuming that after my wife's green card gets approved that we would then be able to apply for her and there wouldnt be a significant waiting period. That is us being naive I guess. What forms do I need to apply for her? I know the I-130 but what other forms are included in that? Thanks for your reply!
 
I-130 is all you need right now. The instructions will tell you the supporting documents. After the I-130 is approved (3-6 months from now) and transferred to the consulate in Brazil, you'll need to file I-864 for her, and your wife will file some more paperwork as part of the consular formalities, including the DS-230.

When did your wife apply for her tourist visa? I hope it was long before she used it to enter the US in June. The visa application form asked about having a fiance in the US, so if the visa was applied for shortly before June and she didn't mention having a fiance, her marriage in August makes it look like she was lying.

Did you ever meet her in person before she arrived in June?
 
She applied for her tourist visa in April I believe and she got the visa in the beginning of June. This was the first time we met in person, but we werent engaged at the time and we didnt plan on getting married. That is why she didn't bring her daughter and I got her a return ticket. She was going to go back and handle things back there but we didnt want to be apart. Her mom came with her and then left after a week and her return ticket was for roughly 90 days later before her visa would have expired.
 
Don't hide anything and tell them everything, if i am not mistaken i suggested months ago to you that apply for AOS for her daughter when she is here with your MIL, its gonna look even more suspicious that daughter came with MILfor the marriage ceremony but went back to Brazil. How come the father agreed to let his daughter to go out of the country with your MIL, these are all questions that may be raised at your interview.

http://forums.immigration.com/showthread.php?314864-Sponsoring-Step-Child
 
You did suggest that and because of work hours and things that come up in everyone's lives, we decided not to have a big party and her daughter never came to the US. She has been in Brazil with her grandmother. We inted to be completly honest but we want to get her daughter here the right way and didnt want to risk her coming here on a tourist visa with the full intention of us adjusting her status because if she got denied then that would ruin our whole marriage and her daughter's future here.
 
gibby013 said:
She applied for her tourist visa in April I believe and she got the visa in the beginning of June. This was the first time we met in person, but we werent engaged at the time and we didnt plan on getting married.
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Good, that makes it more believable that she didn't plan to marry you when dealing with the visa application process in April-June. Without having met you yet, it wouldn't make sense for her to want to marry you at that time.... but in June-August the relationship intensified when you were seeing each other in person. Tell the true story just like it happened and you'll be OK.

Make sure you've filed for her daughter before the interview, and bring proof of it to the interview ... either the I-130 receipt if you've received it, or the Fedex/DHL/USPS/etc. tracking receipt.
 
Awesome, thank you! I know we werent doing anything wrong but the thought of us being apart kills me and the thought of keeping her from her daughter kills me even more. The other question I have is on the I-130 I am the petitioner correct? Since I am the stepfather? If I am not confused, my wife cant file the I-130 because she is not a lawful permanent resident yet. So I include the marriage certificate and her daughter's birth certificate that proves the link to her being my step daughter right?
 
gibby013 said:
Awesome, thank you! I know we werent doing anything wrong but the thought of us being apart kills me and the thought of keeping her from her daughter kills me even more. The other question I have is on the I-130 I am the petitioner correct? Since I am the stepfather? If I am not confused, my wife cant file the I-130 because she is not a lawful permanent resident yet. So I include the marriage certificate and her daughter's birth certificate that proves the link to her being my step daughter right?
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You got it.
 
Sorry one more question. After the I-130 for my step daughter gets approved will we get guidance from USCIS on the next step to obtain the immigrant visa for her?
 
Well I promised myself that once I have my Green Card I will tell my own story so that others could benefit.

My advice: Do not get married immediately you are in US, you may get married 2 months afterward.This will serve not to complicate your intent. Ensure you tell the truth. That is the way you can defend yourself. And lastly let the US citizen be the one to say he/she actually asked you to stay because he/she cannot afford staying any longer without you.
I do hope this helps someone. Most importantly believe in God directing your path.
 
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