km1979

Hello everyone,

I got married to my girlfriend earlier this week. We're both in our last year of college but she's a US citizen (born here) and I'm on a F-1 visa still (5th year already). Both of us will be getting our Bachelor's degrees next year.

My wife wants to help me get my permanent residency so that I can stay here and we can continue our lives together in the USA. I've already hired a lawyer to process my case but I have lots of questions about all these USCIS procedures and requirements. I would greatly appreciate it if you guys help me find the answer to the following questions:

1. How many interviews with the immigration officials will we have? I know there's an AOS interview but I've heard in 2 years we'll have another one?
2. What is the difference between those 2 interviews, how long they last approximately and how can me and my wife prepare for them?
3. Is the fingerprinting before or after the AOS interview?
4. Does it matter that her parents do not know that we're married? They have told her that she should wait until she graduates and has a stable job... however she decided to ignore their advice... her brother knows we got married and he approves. My parents and my sister also approve our marriage but could not come to the ceremony since they live abroad.

Thank you so much for your help and I hope to hear from you soon!

K.

Folinskyinla

Hi:

What does your lawyer say? You've paid her -- send an e-mail with your questions, they might get answered.

Generally speaking, your combined I-130/485 application will have you 1) go in for "biometric" fingerprints 2) go in for EAD issuance -- this might be similar to "biometric" appointment and 3) your actual interview.

If your case is approved before your second wedding anniversery, your PR status will be subject to a two year "condition" which will require an I-751 application to remove. You may or may not be interviewed for that.

km1979

So the 2nd interview is about 2 years from now (Nov 2006) and it's only necessary if USCIS doubts the marriage is a bona fide one? Or maybe they just randomly select who to interview for the 2nd time?

K.

Noorah101

No, the "second" one you're thinking of is only if your first one falls before your 2nd marriage anniversary. It doesn't have anything to do with whether your marriage is bona fide or not. It's just a technicality. If your first interview falls after your 2nd marriage anniversary, you won't have to apply to remove conditions, and thus have no "second" interview.

Best Wishes,
Rene

Folinskyinla

Hi:

No. Please don't put non-existent words into my posting, if you please.

I just described the GENERAL processing. If in the combined I-130/485 processing, doubt develops as to the bona fides of your marriage, then your case will be referred for a second interview on the bona-fides of the I-130 and possible investigation. This pretty rarely happens.

ALL that I said above was that IF your green card is granted before your second wedding anniversery, it will be subject to a condition. You would then have to file a SECOND application, the I-751 -- which may, or may not result in a second interview.

I said NOTHING about a second interview in November 2006.

sphyrapicus

You file your AOS. You get called for an interview. You also have to get your fingerprints taken.

After you adjust status and become a permanent resident they will attach conditions. After you have been a permanent resident for 2 years (minus 90 days) you submit an I-751 to remove your conditions. Most people have their I-751 approved without an interview. If there is some doubt about whether your marriage is bona fide or if your name is picked by random, you will be called for another interview. Most people are not called for the second interview. If approved, you will have the conditions removed and you will receive a new green card that needs to be renewed in 10 years.

Got it?

If not, check out www.uscis.gov or consult your attorney. Also check out the FAQ in the root post at the top of the main marriage-based visas page.

ian-mstm

If you are married less than two years when the AOS interview occurs, you'll need to petition to remove the conditions on your green card - that means a second interview at some point. If you're married more than two years when you have your AOS interview, then there will not be another one.


You'll be fingerprinted several times... apparently fingerprints expire after a year or so, so they have to keep taking them... you have to keep paying for them... and on it goes.


It doesn't matter at all to immigration, although her folks are probably going to be pretty pissed off! That'll probably blow over once you present them with a grandchild.

Ian

LucyMO

and your wife has to have sufficient income to sponsor you. If she doesn't have suffient income (being a student) you can use your own income as a co-sponsor, or find a co-sponsor (doesn't have to be family, but has to realize what consequences being a co-sponsor will bring). That's why it will be helpful to notify parents and get them on your side.

km1979

I'm thinking of asking my sister to be my co-sponsor. She has a full time job in NYC and her income is definitely above the average. How much money do I have to prove I have? I live in California and I'm going to apply for AOS at the San Jose office. Also, if someone has had a recent experience with the San jose office, please share it with me, I'm really curious how fast or slow they are, etc.

Thanks in advance to all who reply!

K.

LucyMO

Not you, but your wife and sister. It's all described in form I-864P.