Queen

Hello everyone, I filed my AOS through I-130 in Utah office June 20,
2002, I've received a notice for interview for late Aug. This is like
2 weeks b4 our 2nd anniversary!! The lady at the SLC office says I can
always reschedule if I cant make it, so I want to do that. I figure
its so close that I'd rather do it now and not have to worry about
filing for removal of conditions and dealing with the BCIS more than
we have to.
So I plan on rescheduling in the next couple of days, The office is
helpful, and I usually get through on the phone, actually found out
everything about my intervciew over the phone b4 receiving it in the
mail.

Also if i dont reschedule and instead "forget" something like my
passport, they cant approve me on that day right? Then again they
might.

soleil

just curious - why does it matter if its 2 weeks before your anniversary?

Folinskyinla

Hi:

I have a professional pessimism, please forgive me -- so, why do you assume your beloved will live beyond the original interview date? He can have an automobile accident and die before your second wedding anniversery -- and if that happens, your immigration case will also be dead. Don't think these things can't happen.

Although the I-751 is a royal pain, they generally get approved.

If you want to do the "forget" routine, I would forget something else important, like updated tax returns for the I-864 or something really major.

rzack

Well guys, as long as Queen managed to rescheduled it at the closest date and she also said the officer very helpful, why not she is doing it? I think its a smart idea. Rather that to get 2 years GF, its better for her to get 10 years GC. I'll do the same if I get the same cooperation that she got from the officer.

The only problem is if the BCIS delay her interview until few months or year....then I won't wait. But if only about a week, thats a good news.

Talking about die...if it God will that someone gonna die, even while you sleep you will die, no need car accident. Geshhh, you even can die if you choked on foods, so don't make her worry too much.

rzack

Soleil,

Its matter because if your interview and approval less than 2 years of the anniversary, they only give you 2 years conditional PR, while if you have the date after that 2 years, you straight get the 10 years PR.

This apply only to marriage couple. If they received CPR, they have to remove the status 90 days before its expired to get the 10 years PR. Hope this answer your question.

soleil

Thanks! That does answer my question.
- Sunny

Folinskyinla

Hi:

I agree that its highly unlikely -- but you made my point that it COULD happen -- and both of us have pointed out possible scenarios.

A pretty famous case here in L.A. involved an I-130/AOS where the US citizen husband was murdered on the job -- and it took a private bill to get the lady a green card.

If the I-130 has already been APPROVED, then there are things that can be done. However, if the I-130 is simply pending, and the marriage is less than two years old at the time of the death of the US citizen, then the widow/er is left with no remedy.

MrsLondon

Seems strange you cannot get a GC if the USC spouse dies, but if the marriage breaks up, you still can provided it was 'entered into in good faith.'
Btw if a perm GC is good for 10 years, what happens after the 10 years are up? Do you just automatically get sent a new one, like with credit cards?

rzack

You have to renew that 10 years GC, its not automatically like credit card or you can apply for US Citizenship.

amys

Mrs london,

Good point, if the usc spouse dies, no green card. But if you divorce (malicious) then you get a green card. Gee!! it makes so much sense. The grieving spouse has to leave the country but the malicious spouse can stay.

amy

L D Jones

MrsLondon wrote:
    >
    > Seems strange you cannot get a GC if the USC spouse dies, but if the
    > marriage breaks up, you still can provided it was 'entered into in
    > good faith.'

it is possible to "remove conditions" after the death of a USC spouse.
Not sure in cases of pending AOS

    > Btw if a perm GC is good for 10 years, what happens after the 10
    > years are up? Do you just automatically get sent a new one, like with
    > credit cards?

No

lairdside

I believe that you must file an I-90, complete with fee (currently $130), photos etc.

You may do this up to six months before the GC expires.

For renewals this is usually at the local office.

Waterpony

Well...not really. Both divorcees and widowers can remove conditions. Providing, however, that AOS was approved (I think that Mr. F's message was slightly misunderstood).Here's who is eligible to remove conditions from BCIS site:

Who is Eligible?
You may apply to remove your conditions on permanent residence if:

You are still married to the same U.S. citizen or lawful permanent resident after two years (your children may be included in your application if they got their conditional resident status at the same time that you did or within 90 days).


You are a child and cannot be included in the application of your parents for a valid reason.


You are a widow or widower of a marriage that was entered into in good faith.


You entered into a marriage in good faith, but the marriage was ended through divorce or annulment.


You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or lawful permanent resident spouse.


The termination of your conditional resident status would cause extreme hardship to you.

rzack

This is funny...the original thread talking about postpone interview, and we talking about dying spouse .

Well its good to have lots of knowledge, who knows...always prepare for a bad things.

jeffreyhy

r,

Not funny at all. As folinskyinla pointed out, most people don't think about death and never consider that the USC spouse could die during the period of postponement. But s**t happens, and such an event would have doubly serious consequences for the intending immigrant
- no spouse, which could not have been prevented, and
- no 'Green Card', which COULD have been prevented.

Regards, JEff