Potential change in policy on K1 AOS cases

[william3rd]

As I reported a couple of days ago on RWD, I had been experiencing a sudden change in K1 AOS processing in that K1 AOS applicants were suddenly receiving CR status without an interview. I had certainly felt that this was a safe change to make since the couple had usually been through a USCIS petition process and the applicant had a recent consular interview.

I am now hearing from other attorneys in both California and in Florida that a policy shift has begun in which the K1 AOS are going straight to the issuance of a conditional green card without interview. In addition, this new policy may have been codified in a memo.

This will probably mean that a more rigorous interview will take place during the removal of conditions process two years later but may save the applicants some money in regard to filing for EAD and a parole document.

I will post more information after I meet and confer (drink) with my colleagues tomorrow night at the Xmas party.

[Ray]

That sounds like welcome news.

From my limited experience with the Removal of Conditions process, it seems that those petitioners who submitted extensive and accurate documentation with their I-751 were frequently approved by mail without an interview. My wife did not require an I-751 interview but she was admitted as a CR-1, not K-1.

If they are in fact approving more K-1 AOS petitions without an interview, it will be interesting to see if any of those cases are also approved for Removal of Conditions without an interview.

Thanks William and keep us informed…

[william3rd]

That is how we do our 751 clients. We send the right stuff in with the initial filing. I do not recall more than about 10% getting called for interview. Hint- children of the marriage are an automatic pass

We will find out in two years the answer to that other question

CR is the two year conditional- did you marry her abroad? K gets a two year conditional and will now get a more in depth interview on the 751. Might help in weeding out the green card girls a little bit.

There is a new policy in place-makes sense since with streamlined AOS processing taking place, many K marriages had very little in place at the time of the AOS interview to prove up the bonafides.

[Ray]

William,

Yes, we were married in the Philippines. That was pre-Life Act so there was no K-3 option back then.

How about you? Are you thinking of marrying in Thailand or are you going for the K-1?

[william3rd]

I was thinking of marrying her in Thailand due to expediency and she is willing to do whatever I want to do. However, in deference to her family, I will start the K process within the next couple of weeks. This will be my FIFTH fiancee visa in 14 years.

Explanation- First two were for my ex-wife-the first one was sent back for investigation due to an omission so a second one was filed. By the time that the investigations unit contacted me, we had arrived that same day in the US on the second fiancee visa. Although we had a son together, she was more interested in money than family. Which is why I have custody of our son and he can't stand his mother.

The third was for my Russian Fiancee in 2000-when she arrived, there was zero compatibility except in the bedroom-whatever had clicked in St. Petersburg was dead when she arrived.

The fourth was to a woman from Thailand who turned out to be a prostitute. Great actress though. I was married to her for 4 years. She tagged me for a green card. The little ho works in Pasadena as a cosmetologist now and spends her time burying her past.

My mistake with Thai women was finding women in Bangkok who had left their home cities.

The current girlfriend-and hopefully the last- is of good family and lives in Central Thailand. She really has no desire to leave except to spend time with me and she knows that I am planning to retire to her city in a few years.

So- a fiancee visa is being started to start the new year off right. The only problem is that her visa will be issued right about the time that our house will be finished and we will need to furnish it before she comes over here.