wally007uk

HEY PEEPS,

I REALLY COULD DO WITH SOME ADVISE?

I AM A UKC MARRIED TO AN AMERICA CITIZAN AND STARTED THE GREEN CARD PROCESS BACK IN NOVEMBER WITH MY LAYWER. SHE ADVISED US TO PUT THIS IN AFTER OUR 2 YEAR ANNIVERSARY AS I WOULD AUTOMATICALLY GET MY GREEN CARD.

MY LAYWER SENT THE FINAL PART OF FOR MY INTERVEIW DATE BACK ON THE 5TH OF MAY AND IO HAVE HAD MY MEDICAL BACK IN MARCH.

CAN ANYONE PLEASE TELL ME HOW LONG IT TAKES TO GET THE INTERVEIW AS WE WERE HOPING TO MOVE BACK AT THE END OF JULY!

ANY INFO WILL BE GREATFULLY RECEIVED!

PAUL

Noorah101

Hi Wally,

First of all, welcome to BE. Second, please don't post in all caps, as it is seen as shouting on the internet.

Now on to your question. Your post is a little confusing, because first you mention that you started the green card process, which means that you're already in the USA and are adjusting status to permanent resident, in order to get your GC.

But then later it sounds like perhaps you are in the process of obtaining an Immigrant Visa, because you mention "sending in the final part" for your interview date, and then "hoping to move back" (to where? UK or USA? Where are you now?).

So can you first please clarify what process you are doing? I'm guessing you filed an I-130 to London directly because you're both living in the UK? And you are hoping to both move back to the USA at the end of July? Is that correct? And you'll be receiving an Immigrant Visa, which you'll use to enter the USA and become a PR from Day 1.

If that's the case, it usually takes about 4 - 6 weeks to get the interview, after sending in the "ready to have interview" form.

Rene

country_canuck

By Green Card, it is assumed permanent residency and there are many paths to that ends. Care to share the details of the path you currently are on?

wally007uk

So sorry guys for the caps, i work in computers and knew that

Anyhow, it shows how confused i am with this.

Ok, Back in december my wife put a petition in and we got the go ahead for phase two, my lawyer messed up on the forms and forgot one on the 20th of April and sorted this on the 5th of May.

We are both in the UK and waiting to get my visa, sorry my mistake, its not my Green Card!

Just awaiting my interview date and getting stressed as we want to be gone by end of July!

Lawyer has told us 6-8 weeks and when the letter comes through the interview is normally the next month, is this correct?

Thanks for advise and sorry for confusion.

Wally

Noorah101

I would say: After submitting the form that says you're ready for the interview, it takes a few weeks to get the actual interview date, and the interview date is probably for a time several weeks after that. I'd figure you might have your interview 6 - 8 weeks after submitting the readiness form. But of course, as always, your mileage may vary.

Rene

Rete

Your wife submitted form I-130 for an immediate relative visa for you. Since she is living in the UK, did she send it to the USCIS in London or to the USCIS in the US?

It takes a few weeks, if not a month or more before you will be issued an interview date. As for leaving in July, you stand a chance.

Your attorney is giving you the same timeline most people give posters such as yourself.

One thing to bear in mind is that is fast approaching summer vacations/holidays and things slow down measurably. Cross your fingers that there are no issues with your name check and that they can match up your medical which was taken way long before you completed the checklist and returned it to the Consulate.

meauxna

Hi Paul, the link in my signature outlines the entire procedure you're going through, and might help you understand your lawyer's instructions better, and know what is coming up when.

I do urge you to check out that above statement with the lawyer. It's curiously worded, and nothing is automatic. I hope the lawyer has not made you late in moving to the US with a misunderstanding about the '2 year thing'.

But, you're almost done now!

wally007uk

Thank you

This is great advice, no idea why i never looked online before, lawyer said not too

Anyhow few more questions,

How long is interveiw and does my wife have to be there?

How long after interveiw do i find out the outcome and what happens?

Thanks

Wally

Noorah101

How long your interview lasts, depends on what the ConOff asks, how well prepared you are, whether you have everything with you, etc. I'd expect it to last anywhere from 20 minutes to an hour, maybe. But I've heard it's a long day just waiting for your turn at different windows. Your USC wife does not need to be there, and in fact might not be allowed to approach the interview window with you at all. It's up to the ConOff.

You'll know something right after the interview. Either you are approved, or the ConOff will need something else from you if it's lacking for some reason. If you are approved, you leave your passport there, go pay the courier for delivery of your passport and visa, and then wait about 5 days or so for it to be sent back to you via courier. If the ConOff needs more info, she'll tell you what she needs, and you'll send it in whenever you have it. When the ConOff approves the visa, you'll be asked to send in your passport and then you'll get it back with the visa inside via courier.

Interesting that your lawyer hasn't gone over any of this with you, so you'd know what to expect!

Rene

wally007uk

Sorry about that, i was confused in what i was trying to say!

What i meant was, if i did it before 2 years i would get a 2 year visa and have to go through a vise process again after 2 years!

But coz i have waited until 2 years i dont get a 2 year visa i get a proper one!!

Noorah101

This is not true....either your lawyer didn't explain it right, or you misunderstood what she's telling you.

When you apply for an Immigrant Visa, if you are married less than 2 years when the visa is approved, you receive a CR-1 visa. The visa is good for 6 months. When you enter the USA using that visa, if your marriage is still less than 2 years old, then you become a Conditional PR, and you receive a 2-year green card. In that case, then yes, there is a form to file and a fee to pay, close to the time the 2-year card expires. But it's OK, you're still a PR with every right a PR has. If it ends up that you're marriage is more than 2 years old when you enter the POE, you'll become an LPR, and receive a 10-year green card. Either way, you do NOT start the whole visa process again after 2 years, if you become a CPR!

If you are married more than 2 years when you have your visa interview, you get an IR-1 visa. The visa is good for 6 months. When you use the visa to enter the USA, you become an LPR and receive a 10-year GC.

There is no such thing as a "2-year visa" or "proper visa". Also, both the CRP status (2-year GC) and LPR status (10-year GC) are proper PR status.

Rene

wally007uk

What you said makes sense and whe wanted to get me 10 year visa and not a 2 year one.

That is what i was trying to say!

Noorah101

OK, glad you understand and you knew what she was doing. I guess if you weren't in a big rush to move to the USA, no harm in waiting until you had been married 2 years and bypass having to remove conditions later.

Rene

wally007uk

Not a big rush!

Just started process back in November 2009 and i am still doing in, and looks like i will be moving in August and we had planned last week in July!

Just looks like more waiting!

meauxna

But it's still not a ten year visa....

Tell your lawyer you want to still move in July and get them on it.
This seems to be a case of the lawyer adding months onto the usual processing time. I'd request that she do what can be done to move things forward.