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-   -   AOS Approval Without Interview LA (https://britishexpats.com/forum/marriage-based-visas-35/aos-approval-without-interview-la-322641/)

CaliforniaBride Aug 27th 2005 4:40 pm

AOS Approval Without Interview LA
 
I've seen mentioned on here that California have recently been approving AOS applications without interview. Anyone know how true that is?

And if so, does that speed up the process?

meauxna Aug 27th 2005 5:05 pm

Re: AOS Approval Without Interview LA
 

Originally Posted by CaliforniaBride
I've seen mentioned on here that California have recently been approving AOS applications without interview. Anyone know how true that is?

And if so, does that speed up the process?


What process will you have left after an approved AOS application? :)

CaliforniaBride Aug 27th 2005 5:12 pm

Re: AOS Approval Without Interview LA
 

Originally Posted by meauxna
What process will you have left after an approved AOS application? :)

Not sure I understand the question.

My question related to a post by jeffreyhy here:

http://britishexpats.com/forum/showthread.php?p=2727977

What I wanted to know was whether it affected me. I'm in LA and I filed my AOS in June. Just wondered whether they were approving the AOS without interviewing the applicants. If yes then I'm assuming that could speed up the process too.

evoal2003 Aug 27th 2005 8:08 pm

Re: AOS Approval Without Interview LA
 

Originally Posted by CaliforniaBride
I've seen mentioned on here that California have recently been approving AOS applications without interview. Anyone know how true that is?

And if so, does that speed up the process?

Doesn't apply to people from "there".

Rete Aug 28th 2005 1:59 am

Re: AOS Approval Without Interview LA
 

Originally Posted by CaliforniaBride
Not sure I understand the question.

My question related to a post by jeffreyhy here:

http://britishexpats.com/forum/showthread.php?p=2727977

What I wanted to know was whether it affected me. I'm in LA and I filed my AOS in June. Just wondered whether they were approving the AOS without interviewing the applicants. If yes then I'm assuming that could speed up the process too.


No that has to do with people like Steffi who has had their AOS paperwork sent to a service center for processing. In some cases the SC will adjudicate the petition without interview (which we hope will be her case).

For yourself, you are dealing with the LA distric office and your petition will be adjudicated by them unless they, too, forward it to the service center.

There have been a few cases in the past were AOS has been approved without interview but they are rare and far between.

Your question "will it speed up the process" is what is out of place. Speed up what process? After adjudication of an AOS there is no further processing. So, therefore, there is nothing to be sped up. I am assuming you meant to write with CIS approving AOS without interview does that mean the AOS process will be quicker.

CaliforniaBride Aug 28th 2005 9:24 am

Re: AOS Approval Without Interview LA
 

Originally Posted by Rete
No that has to do with people like Steffi who has had their AOS paperwork sent to a service center for processing. In some cases the SC will adjudicate the petition without interview (which we hope will be her case).

For yourself, you are dealing with the LA distric office and your petition will be adjudicated by them unless they, too, forward it to the service center.

There have been a few cases in the past were AOS has been approved without interview but they are rare and far between.

Your question "will it speed up the process" is what is out of place. Speed up what process? After adjudication of an AOS there is no further processing. So, therefore, there is nothing to be sped up. I am assuming you meant to write with CIS approving AOS without interview does that mean the AOS process will be quicker.


Yes my question was about the AOS process. Thanks for the info.

Jonathan McNeil Wong Aug 29th 2005 3:32 am

Re: AOS Approval Without Interview LA
 
CaliforniaBride wrote:
    >>What process will you have left after an approved AOS application? :)
    >
    >
    > Not sure I understand the question.
    >
    > My question related to a post by jeffreyhy here:
    >
    > http://britishexpats.com/forum/showthread.php?p=2727977
    >
    > What I wanted to know was whether it affected me. I'm in LA and I filed
    > my AOS in June. Just wondered whether they were approving the AOS
    > without interviewing the applicants. If yes then I'm assuming that
    > could speed up the process too.
    >

An interview is statutorily required for a marriage-based immigration
case under IMFA. I don't know that USCIS would have the legal authority
to waive it.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============

Folinskyinla Aug 29th 2005 3:59 am

Re: AOS Approval Without Interview LA
 

Originally Posted by Jonathan McNeil Wong
CaliforniaBride wrote:
    >>What process will you have left after an approved AOS application? :)
    >
    >
    > Not sure I understand the question.
    >
    > My question related to a post by jeffreyhy here:
    >
    > http://britishexpats.com/forum/showthread.php?p=2727977
    >
    > What I wanted to know was whether it affected me. I'm in LA and I filed
    > my AOS in June. Just wondered whether they were approving the AOS
    > without interviewing the applicants. If yes then I'm assuming that
    > could speed up the process too.
    >

An interview is statutorily required for a marriage-based immigration
case under IMFA. I don't know that USCIS would have the legal authority
to waive it.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============


Jonathan:

Got a cite for that? I not so sure about that. But I've been wrong in the past and there are little nuggets and land-mines buried in the INA.

Rete Aug 29th 2005 9:48 am

Re: AOS Approval Without Interview LA
 

Originally Posted by Folinskyinla
Jonathan:

Got a cite for that? I not so sure about that. But I've been wrong in the past and there are little nuggets and land-mines buried in the INA.


I don't know the laws on it. However, it has occurred in the past to several of our posters who were adjusted without interview. They received letters in the mail advising them of their approval and to go to the DO for their stamps and to complete the I-89. Their experiences are on archive if anyone would care to search.

Steffi Aug 29th 2005 2:32 pm

Re: AOS Approval Without Interview LA
 

Originally Posted by Rete
I don't know the laws on it. However, it has occurred in the past to several of our posters who were adjusted without interview. They received letters in the mail advising them of their approval and to go to the DO for their stamps and to complete the I-89. Their experiences are on archive if anyone would care to search.

Speaking of, I just read on visajourney that JJ&ST got his GC in the mail a few days ago...no interview AND it was a 10-year (even though they haven't been married for 2 years). Looks like the USCIS is giving some people a break, huh?

Folinskyinla Aug 29th 2005 2:35 pm

Re: AOS Approval Without Interview LA
 

Originally Posted by Steffi
Speaking of, I just read on visajourney that JJ&ST got his GC in the mail a few days ago...no interview AND it was a 10-year (even though they haven't been married for 2 years). Looks like the USCIS is giving some people a break, huh?

Steffi:

JJ&ST is STILL subject to the condition. That is a matter of law, not the I-551 that is issued. She should still file the I-751 when the time comes. If she doesn't, there might be problems at N-400 time.

Steffi Aug 29th 2005 2:48 pm

Re: AOS Approval Without Interview LA
 

Originally Posted by Folinskyinla
Steffi:

JJ&ST is STILL subject to the condition. That is a matter of law, not the I-551 that is issued. She should still file the I-751 when the time comes. If she doesn't, there might be problems at N-400 time.

Hmmm, we may want to let her know about that then! Does this only apply when you have been married for less than 2 years, or would someone that was issued a 10-year card because they were married for over 2 years also have to still file the I-751?

Noorah101 Aug 29th 2005 2:53 pm

Re: AOS Approval Without Interview LA
 

Originally Posted by Steffi
Hmmm, we may want to let her know about that then! Does this only apply when you have been married for less than 2 years, or would someone that was issued a 10-year card because they were married for over 2 years also have to still file the I-751?

Hi Steffi,

That only applies to people married less than 2 years, who receive the 10-year card by mistake. They still need to remove conditions. Folks that have been married more than 2 years and receive the 10-year card are OK. :)

Rene

Steffi Aug 29th 2005 2:57 pm

Re: AOS Approval Without Interview LA
 

Originally Posted by Noorah101
Hi Steffi,

That only applies to people married less than 2 years, who receive the 10-year card by mistake. They still need to remove conditions. Folks that have been married more than 2 years and receive the 10-year card are OK. :)

Rene

Ok, thanks for clarifying. :)

Olivier Wagner Aug 29th 2005 4:57 pm

Re: AOS Approval Without Interview LA
 
The law says that they have to have an interview before having an
unconditional PR card - that means that they can approve the I-485 without
interview, but they would then have to interview them when they remove the
conditions ; And if they don't, who's going to complain?

"Jonathan McNeil Wong" <[email protected]> wrote in message
news:[email protected] nk.net...
    > CaliforniaBride wrote:
    > >>What process will you have left after an approved AOS application? :)
    > >
    > >
    > > Not sure I understand the question.
    > >
    > > My question related to a post by jeffreyhy here:
    > >
    > > http://britishexpats.com/forum/showthread.php?p=2727977
    > >
    > > What I wanted to know was whether it affected me. I'm in LA and I filed
    > > my AOS in June. Just wondered whether they were approving the AOS
    > > without interviewing the applicants. If yes then I'm assuming that
    > > could speed up the process too.
    > >
    > An interview is statutorily required for a marriage-based immigration
    > case under IMFA. I don't know that USCIS would have the legal authority
    > to waive it.
    > --
    > Above intended as general commentary, not specific legal
    > advice. Your mileage may vary.
    > ================================================== =============
    > Jonathan McNeil Wong Voice: 510-451-0544
    > Donahue Gallagher Woods LLP Facsimile: 510-832-1486
    > P.O. Box 12979 URL: http://www.donahue.com
    > Oakland, CA 94604-2979 E-mail: [email protected]
    > ================================================== =============


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