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-   -   Question re: AOS application (https://britishexpats.com/forum/marriage-based-visas-35/question-re-aos-application-750141/)

AndyW149 Feb 29th 2012 5:37 am

Question re: AOS application
 
I entered the US on a K1 visa in August last year, got married the same month and applied for AOS in November. I applied for Work Authorization at the same time and received that in January. My question is this: is it common practice to be called for an interview before they approve your AOS/Green Card or do they usually just approve it and mail you the documents without the need for an interview, assuming there are no problems with the application of course.
Thanks!!!

penguinbar Feb 29th 2012 5:38 am

Re: Question re: AOS application
 
Some of us have had interviews and some of us haven't my husband never had one for his K1 AOS

Noorah101 Feb 29th 2012 5:41 am

Re: Question re: AOS application
 

Originally Posted by AndyW149 (Post 9927863)
I entered the US on a K1 visa in August last year, got married the same month and applied for AOS in November. I applied for Work Authorization at the same time and received that in January. My question is this: is it common practice to be called for an interview before they approve your AOS/Green Card or do they usually just approve it and mail you the documents without the need for an interview, assuming there are no problems with the application of course.
Thanks!!!

Standard procedure is to have an AOS interview. In some cases, especially if a backlog exists, and you have a clear-cut case, you'll get a notice that says your case has been transfered to California Service Center. In most cases of that happening, the AOS is approved without an interview.

I'd prepare for an interview, just to be on the safe side, and if you end up not having one, it's a bonus.

Rene

AndyW149 Feb 29th 2012 5:43 am

Re: Question re: AOS application
 
I'm not sure if it got sent to California Service Center or not, but about 4-6 weeks ago I got a notice stating it had been transferred in order to processed quicker... ?

Noorah101 Feb 29th 2012 5:50 am

Re: Question re: AOS application
 

Originally Posted by AndyW149 (Post 9927880)
I'm not sure if it got sent to California Service Center or not, but about 4-6 weeks ago I got a notice stating it had been transferred in order to processed quicker... ?

Yep, that's the notice I was talking about. You most likely won't have an interview.

Rene

AndyW149 Feb 29th 2012 5:53 am

Re: Question re: AOS application
 
Noorah - Thank you so much. I wasn't worried about an interview because I have a strong case, the only possible question being my wife's level of income becuase she only just came above poverty level. But it has definitely made my day a little brighter knowing I probably won't have an interview! It has been about 4 months since I submitted my AOS paperowork so hopefully won't be too long now...

Noorah101 Feb 29th 2012 5:56 am

Re: Question re: AOS application
 

Originally Posted by AndyW149 (Post 9927901)
Noorah - Thank you so much. I wasn't worried about an interview because I have a strong case, the only possible question being my wife's level of income becuase she only just came above poverty level. But it has definitely made my day a little brighter knowing I probably won't have an interview! It has been about 4 months since I submitted my AOS paperowork so hopefully won't be too long now...

Nope, you should be getting an approval notice within a couple of months.

Rene

AndyW149 Feb 29th 2012 6:04 am

Re: Question re: AOS application
 

Originally Posted by Noorah101 (Post 9927908)
Nope, you should be getting an approval notice within a couple of months.

Rene

Thanks again for your help. I am in no major rush for the green card (although it will be nice to have). I was more concerned about getting the EAD and finding a job (which I now have) in order to make things easier for my wife & step daughter in terms of money! And I was also REALLY bored without a job haha.

Have a good one...

Alex3110 Mar 1st 2012 9:09 am

Re: Question re: AOS application
 
Could I just ask, now that my K1 is approved and I will be moving onto the AOS stage next, I'm learning that the first GC you are given is a two year conditional one, is that correct. What then happens after, are you automatically given a 10 year GC when the two year period is up? I see that many apply for citizenship after 3 years.

lansbury Mar 1st 2012 9:11 am

Re: Question re: AOS application
 

Originally Posted by Alex3110 (Post 9930299)
are you automatically given a 10 year GC when the two year period is up?

No YOU have to apply to have the conditions removed and for a 10 GC to be issued. You can do that 90 days before the 2 year GC expires.

Noorah101 Mar 1st 2012 9:14 am

Re: Question re: AOS application
 

Originally Posted by Alex3110 (Post 9930299)
Could I just ask, now that my K1 is approved and I will be moving onto the AOS stage next, I'm learning that the first GC you are given is a two year conditional one, is that correct. What then happens after, are you automatically given a 10 year GC when the two year period is up? I see that many apply for citizenship after 3 years.

If your marriage is less than 2 years old when your AOS is approved, you will receive a conditional 2-year green card. During the 90-day window just prior to its expiration, you will need to file Form I-751 to remove conditions. There will be backup documents required (similar to AOS, to prove you're still in an ongoing marriage), plus a fee. The I-751 MUST be filed within that 90-day window, or your PR status will be terminated. When the I-751 gets approved, you get the 10-year green card.

Sometimes USCIS sends out a reminder to file the I-751, but it's ultimately up to you to remember to do it. Not everyone gets the reminder.

When you've been a PR for 3 years (conditional time included), you can apply for US Citizenship. You can file the N-400 up to 90 days before your 3rd anniversary as a PR.

Rene


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