Hope

Hi everybody, need your inputs on this: I just married to a USC and
currently am preparing the documents to file 130 and 485. However, my
lawyer friend advised me that I should wait for 10 to 12 months to
file. His reasons being that the waiting time for the interview
normally is 12-14 months these days ( I use the Vermont center). If I
file after I am married a year, then by the time I have the interview,
I will be married for more than two years. In this way, I will not need
to go through the conditional GC and will get a 10 year GC.
I think this is assuming that the interview will for sure come in about
12 months. I am concerned that if this is always the case. Could the
interview come earlier than that?
I'd greatly appreciate your help!
Thanks!

FlyergirlUK

You won't be filing with VSC - not for marriage-based AOS - your applications should be sent to the Chicago lockbox address, (found on the USCIS site).

If you find that your application is transferred from the NBC, (where all AOS paperwork is sent onto from the lockbox) to CSC you may not even have an AOS interview to attend.

So, don't delay, file today!

Rete

You are sure your lawyer told you this? Did he tell you this because you are living outside of the US? Even so that makes absolutely no sense at all. While you are waiting to file whatever visa you are currently in the US on might expire and when it expires you start accruing out of status time. Be out of status for 180 days and if you leave the country with or without advance parole, you will be banned from returning for x number of months.

Besides Vermont will NOT handle your adjustment of status. The paperwork is sent to the Chicago lockbox address and when the time is ready for the petition(s) to be adjudicated it will be forwarded to your local district office which is something we didn't tell us.

Besides you want to reside in the US illegall, without permission to work, without permission to travel outside of its borders? I think you are making up the attorney part because no attorney would give you advice like that.

BTW who cares if you are a conditional resident or a legal resident. Both are residents. Only the conditional means you have to file an I-751 90 days before your conditional card expires. Big $%^&*( deal.

Folinskyinla

Hi:

"Lawyer friend" or YOUR lawyer? Not knowing your facts, I can't state what is best for you and I am not YOUR lawyer.

However, as a general comment -- I generally discourage delays like you mention -- the world is an uncertain place and delay might make sudden widow/widower-hood even more traumatic.

Just Jenney

Could the interview come earlier than 12 months? Sure, it COULD. Who knows? We only had to wait 8 months for our AOS interview.

I understand what your friend is saying, but why would you want to add a year to the the process when you don't have to? Did your friend explain what your status will be during that year that you put off applying for AOS? Did he tell you the risks involved??

No offense to your friend, but that "advice" just seems really dumb to me. So what if you get a conditional green card? It's still a green card -- you're still a permanent resident as much as someone with a 10-year green card. Why would you want to delay obtaining residency by an entire year just so you don't have to apply to have the conditions removed??

If it's to avoid the fee, that's just silly -- as long as you put aside about $0.50/day for the next year, you can afford the I-751 application fee. I'm sure that's something you can do.

I think waiting is a bad move. Just my opinion.

~ Jenney

Hope

Thanks so much for all the responses! I really appreciate your inputs!
I did not make up the lawyer friend part. He did give me the advice. If
I thought it was 100% good, I would not come here to ask for help. But
I do think that he had his reasons. It could take up to 4 to 5 years to
get the GC without condition. Due to the fact that the longer the time,
the more uncertainty, he thought it's better to just get the 10 year GC
all at once in two years. Besides, I will be able to apply for the
citizenship much earlier.
I am under H1B right now. I still have 3 more years left on it. So it's
not a problem for me to wait. Sorry I did not give you more background.

But, thanks once again!

Rete

You are incorrect in just about everything in this post, Hope.

Why would it take you 4 or 5 years to get the GC without condition? What do you think conditions are that has you bent on avoiding them? You will not be eligible to apply for naturalization until you have been a resident for three years if based on marriage to a USC and that residency starts with day one of the resident be it conditional or unconditional. So if you wait to apply, then you are forestalling the time when you will be eligible to apply for naturalization.

All conditional residency means is that in one year and 9 months from the date you became a conditional resident you file form I-751 with supporting evidence that your marriage is still continuing and still a viable marriage. You include the fee for the petition, receive back a letter stating that your right to travel, work, etc. are extended for another year.

Just because a residency is conditional does not mean you have any different rights than a "legal" resident. I don't know the circumstances of your life and/or your marriage and I don't know why your lawyer friend is telling you to do something that is quite unnecessary.

As Mr. Folinskyinla stated in his post, if your husband dies before you become a residency you will have to fall back on the H-1B employer to petition for your green card. So perhaps you might want to talk to an ALIA immigration attorney with your full story and get the facts straight before you delay filing after marriage.

Rete

Noorah101

Hi Hope,

Just wanted to say I also think your strategy is not a good one.

You are ultimately only postponing your goal of naturalization. You are creating a longer timeline for yourself if you follow your friend's idea.

There is nothing wrong in having conditional PR status. It carries all the weight of LPR status.

Personally, I would not follow your friend's advice, however the choice is yours.

Best Wishes,
Rene

Uk~USA

where are you located? we did ours thru VCS as we were based in
Maine...Chicago? i never heard of any in Chicago!
no i wouldnt delay, to answer your question

Hope

Hey guys,
I think I did get some of the info wrong. I appreciate your post. I am
going to apply right now. I am in NJ. Hopefully I can get everything
done and send out all the documents in a week or so.
This place is very helpful and I am glad I found it. I am sure I will
come back for more support.
Thanks once again, everybody!
And good luck to everybody!

Tang

    > Hi everybody, need your inputs on this: I just married to a USC and
    > currently am preparing the documents to file 130 and 485. However, my
    > lawyer friend advised me that I should wait for 10 to 12 months to
    > file. His reasons being that the waiting time for the interview
    > normally is 12-14 months these days ( I use the Vermont center). If I
    > file after I am married a year, then by the time I have the interview,
    > I will be married for more than two years. In this way, I will not
    > need
    > to go through the conditional GC and will get a 10 year GC.
    > I think this is assuming that the interview will for sure come in
    > about
    > 12 months. I am concerned that if this is always the case. Could the
    > interview come earlier than that?
    > I'd greatly appreciate your help!
    > Thanks!

I have heard of such strategy before but I think the wait for interview
varies from case to case. Your idea sounds a liitle bit iffy. I filled
AOS in April 2004 and had interview this Feb. It takes less than 6
months for some lucky folks to get through the whole mess from scratch.
But I see a whole bunch of people still waiting for interview after
years. Besides, I don't know much about you but in my case I got
through interview but NOA is still pending for FBI name check. Wish you
good luck!:)

--
Posted via http://expatforums.com

jeffreyhy

U~U,

The times they are a changin'.

Regards, JEff

query

Hello Everyone !!

I am sorry, i just jumped in your conversatation, i should have opened a new thread.

But anyways, just wanna know few things

1- What forms do you file to remove CR6 i mean for permenent GC (10 yrs).
2- My CR6 will expire in June then when should i file the form ??
3- How long the process takes ? and after how long they send you for GC for 10 yrs?
4- Lets say your CR6 expired and you already filed the form to remove ur CR6, can you still travel/work, if yes then you need a document to travel/work ?

I will really appreciate if you can guide me.

Thanks
-Query

ian-mstm

Well then, why didn't you?


I-751.

You *must* file within the 90 days immediately preceeding your expiry date.


The process will take anywhere from a few months to a few years, however, your status does not expire.


Yes. Yes - a letter from USCIS indicating that your status has been extended. You should get it once you file the I-751.

Ian

query

Thank you so much !!

I really appreciate your quick response. One last question is, do they send everything for security clearance or i m done now ??? Cause i waited for so long for my security clearance.

Thanks,
-query