AOS Nightmare in Miami

[JohnG]

Hello all. It's been some time since I've posted here. After getting married last December, we filed our AOS in February and our interview date was last Friday in Miami. It was a most unnerving experience.

This was the day before we were to celebrate my wife's first year in America. As usual, I prepared copies of our papers carefully (all were submitted back in February, we really only had to bring originals for the documents submitted), and me, my wife and daughter waited 2 hours for our interview.

Our interviewer wasn't the friendliest person on the planet. Maybe things have changed since Sept. 11. I'll cut to the chase: we didn't get our AOS. It wasn't denied either. She took my wife and daughter's travel authorizations (which we paid the INS dearly for) and the I-94 record of arrival from her passport, and told us we would be notified by mail of her decision. Now she can't go home to visit, she is trapped until the INS makes their decision.

When the examiner originally opened the folder on her desk, there was some kind of form with the words: "Do Not Adjudicate" on it. That should have told me right there that we wouldn't get approved that day. She told us my wife's National Clearance hadn't come through yet. Since she had her fingerprints taken in May, it seems to me that maybe they never followed up for the results. The examiner's other issue was that my wife's vaccination record was not written on an INS approved form, an I-693 apparently. Maybe I missed it, but I didn't see it written anywhere that this would have been necessary, or why wouldn't they have said something when we originally filed the AOS papers in February? To make matters worse, the examiner kept my wife's original vaccination record.

Today we received a letter from the INS with a new interview date in December. They returned our original vaccination records, and have also requested several things, and this is where I have questions. If anyone else has been through this and had a similar experience, please let me have your thoughts on this.

#1. Furnish current photo-identification: petitioner and beneficiary. Since we did this at our interview, I assume they just want us to bring our identifying documents again when we come.

#2. Passport: all. We had our passports at the interview, I guess they want us to bring them again.

#3. Furnish a completed immunization report, properly completed and in a sealed envelope (see attached list of physicians). Well, there was NO list of physicians, and I am assuming they are talking about the I-693.

There was a NOTICE that said we needed to obtain from the clerk of the court certified copies of all arrest reports and court dispositions. I am assuming that this only applies if you were arrested. Of course my wife has never run afoul of the law.

Then they want a Police Background Clearance from the county sheriff's office and city police departments. Is this something new? She had this done in Russia, but I wasn't aware this had to be done here for the AOS.

We were very upset when we didn't get the AOS Friday, and we are nervous about this 2nd interview. Any comments or suggestions would be greatly appreciated.

Thanks,

John

[Dan]

... in response to AOS Nightmare in Miami, posted by JohnG on Nov 19, 2002

I'd be inclined to engage an attorney. When we went through the AOS, we also did not receive approval on the first day - BUT, the agent re-scheduled another appointment for 2 days hence - so that Olya could get the one vaccination she was missing (Vericella). In that next appointment, she received approval.

When bureaucrats start acting pissy - for whatever reason - I feel it's time to get a professional involved ASAP.

Sorry you and your wife are having to endure this tension. The process is nerve-wracking enough without some petty bureaucrat deciding to play games with you.

On the up-side, I know of no-one that is legitimate that has been refused AOS. I have read a couple of rare accounts where people needed attorneys - usually due to some narrow-minded INS officer - but it still worked out in the long run - as I'm certain yours will also.

Take care,

- Dan

[davet]

... in response to AOS Nightmare in Miami, posted by JohnG on Nov 19, 2002

This is strange.  We walked in with a lot of papers but no medical exam.  Irina was asked for one fore finger print -- that's all.  No vaccinations.  No medical exam.  The entire interview went down in 15 minutes.  Her visa was stamped with the temp green card.  The officer was polite but not friendly.  I can't understand the difference between Portland, OR and Miami in the way INS treats people.  Crazy.

We had ours on Oct 15, 2002 BTW.

[John F]

... in response to AOS Nightmare in Miami, posted by JohnG on Nov 19, 2002

It's been a while since our AOS.  We're in Florida, but on the top side of the state - Jacksonville.  After we submitted AOS documents, we got a letter from INS instructing Irina to get a medical exam, and they provided a list of approved doctors.  I had read that I-129 visa holders were exempt from this because they had to have a medical exam as a prerequisite to getting the visa.  However, I figured if that's what INS wants, that's what we'll give them and we saw the doctor.  There was no exam.  Well there was, but it was very minor.  The bulk of the exam was that the doctor copied medical informaation onto an INS document, put it into a sealed envelope, and instructed us to submit it to the INS office.  He instructed us not to open the envelope or INS would reject it.  We did, and had no AOS problems.

[Apk1]

... in response to AOS Nightmare in Miami, posted by JohnG on Nov 19, 2002

When I was collecting papers for the AOS interview, my wife fretted over the shot records...she did not have any from Russia. When we recieved the invitation letter for interview here in California, there were no instructions about the I-693...just the form.

We checked with the INS website for approved "civil surgeons" and found that we needed to go to the county health dept....at the disease control office for the required shots....it was not as bad as it sounds...

The nurse practitioner who gave her the shots told us of the required MMR, TD, Varicella(chicken pox)...all immigrants are to have. She told us of that she was lucky she was from Russia, and not a third world country with no known innoculation program...

When the interview time came and the INS agent told us that everything was in order, my wife looked relieved...she was worried she needed more shots! She passed with no problems...

We did arrive with add'l passport photos for me as requested on the invitation letter, and the INS agent did not ask for them. All he wanted was last years tax statement and our joint bank account. He was not even going to ask to see our pictures togeather to prove we were married untill I joked with him that we brought our sexy photos just for him...he did not ask to see them, but my wife was proud to show him her photo album of our excursions...

[Bobby Orr]

... in response to AOS Nightmare in Miami, posted by JohnG on Nov 19, 2002

I have not been through this, so I can not offer any real advice other to say that I am sorry it happened to you.  Hopefully, people who have been through your latest hurdle will offer advice.  

On the face of it, it seems they wanted a piece of paper you did not have, or had in the wrong place.  Maybe you should contact a lawyer with experience in this area.

Good luck.

[robobond]

... in response to Re: AOS Nightmare in Miami, posted by Bobby Orr on Nov 19, 2002

Good point, Bobby.  I don't know what fees a good immigration lawyer charges, but if you've got the $'s it sounds like a great way to save on "wear and tear" of the mind.  Has anyone out there used an immigration lawyer? - input, please...       Bob

[KenC]

... in response to Re: Re: AOS Nightmare in Miami, posted by robobond on Nov 19, 2002

Bob,
We used an attorney and it ran us maybe $500.  I consulted with them prior to Lena applying for a student visa and for the AOS.  The attorney even went with us on our AOS interview.  The adjustment wasn't immediately granted for us either.  There was a document that the agent wanted clarified.  We submitted the new one and everything went fine.  
KenC

[robobond]

... in response to we used an Immigration lawyer, posted by KenC on Nov 19, 2002

Ken, So what's your opinion?  Was it worth $500 to have pro walk you through the procedure?  Bob

[KenC]

... in response to Re: we used an Immigration lawyer, posted by robobond on Nov 20, 2002

Bob,
If your the kind of guy that prides himself on being able to read and understand your VCR manual, then this should be a snap.  As for me, I am lucky to be able to set the time on the machine.  The forms are probably not that difficult and you DO have this forum.  There are many here ready, willing, and (a few) able to help you every step of the way.  So it is your call (and budget).  I didn't have the support offered by this forum when we did ours and our's was a little different than most.  I was able to "skirt" the process by doing a little sit down with the attorney.  Because of the information gathered from their experiences, I was able to bring my wife here on our terms, not the Embassy's.  To me, that was priceless.
KenC

[Dan]

... in response to money well spent, posted by KenC on Nov 20, 2002

Ken;

Good post - though I would add that most processing is really pretty straight-forward (maybe LESS complicated than that VCR manual of yours --smile--). However, for ANY instance where there is a complication of any sort, I think it is only common sense to engage a professional attorney that really knows their stuff.

I've thought about what might precipitate my getting an attorney involved - and if there is ever even the slightest hint of a problem with INS or the process - I have already identified a top-notch attorney (and spoken to her) in the area that specializes in Immigration Law. I would not hesitate to pay whatever the attorney fees are to protect the relationship I have with Olya.

FWIW

- Dan

[KenC]

... in response to Expansion of the Thought . . ., posted by Dan on Nov 20, 2002

Dan,
You are exactly correct in your thoughts.  Any complications and I would say hire a GOOD immigration attorney.  How you define "good" is another subject.  Our attorney came up with a few gems that I am sure I wouldn't have found elsewhere.  
-
#1) I didn't want to bring Lena here on a K-1.  Even though the K-1 is more standard, I didn't want the "threat" of "marry or send back" hovering over our heads.  I feel that when you apply for a K-1, the couple should truly be engaged.  I couldn't say "Honey, let's just lie to the Embassy so we can spend time together".  The irony of the process is that the INS puts undo pressure on the couple to proceed in a marriage that they may not be comfortable in entering into before spending more time together.  The small amount of time allowed forces the couple to "validate" their relationship with a marriage that they may not be ready for.  In brainstorming with our attorney, I was able to come up with a viable alternative with the student visa for her.  With the knowledge and experience of the attorney, we were able to successfully obtain the visa.
-
#2)Because we relocated and our files had to be transfered, our AOS interview was delayed.  When we were called for the interview, we were two weeks short of our second aniversary.  After speaking with the attorney, we postponed our interview so that Lena could skip the "conditional" green card step.  Having been married for more than 2 years, she went to "unconditional" green card status right from the start.
KenC