local INS or not?
Mar 29th 2001, 6:06 pm
#1
Just Joined
Thread Starter
Joined: Mar 2001
Posts: 26
Hi folks,
Do we have to file for AOS at the local INS or we can do that in any INS office? I am asking this cause the procedure in some INS offices take much longer then in the others.
Thank you in advance.
Do we have to file for AOS at the local INS or we can do that in any INS office? I am asking this cause the procedure in some INS offices take much longer then in the others.
Thank you in advance.
Mar 29th 2001, 6:26 pm
#2
Guest
Posts: n/a
No.. you can't. Otherwise those slow ones would be fast because everyone would send
theirs to the fast ones which would then become slow ones so you wouldn't send yours
there anyways. You could however uproot your life and move to the area of a fast
center just so you can get your interview sooner. But of course, what's the point. If
it takes me 2 years to get my interview I'll get a greencard without conditions. So 2
years to get a permanent greencard. If someone else gets their interview in 1 year
they'll get a conditional greencard. Then from my understanding they have to wait
another 2 years to remove the conditions. So that'll be 3 years for a permanent
greencard.
Cheers, Evan
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theirs to the fast ones which would then become slow ones so you wouldn't send yours
there anyways. You could however uproot your life and move to the area of a fast
center just so you can get your interview sooner. But of course, what's the point. If
it takes me 2 years to get my interview I'll get a greencard without conditions. So 2
years to get a permanent greencard. If someone else gets their interview in 1 year
they'll get a conditional greencard. Then from my understanding they have to wait
another 2 years to remove the conditions. So that'll be 3 years for a permanent
greencard.
Cheers, Evan
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Mar 29th 2001, 7:06 pm
#3
Guest
Posts: n/a
You must file with the INS that has jurisdiction over where you live.
Daisy
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Daisy
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Mar 31st 2001, 12:54 am
#4
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Posts: n/a
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Andy is correct. There is this "silver lining" (getting LPR status instead of CLPR
status) that comes along with processing through a slow INS office (although one
must renew EAD cards, and perhaps AP'S.... but think of the money you will earn with
that EAD
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What is really a drag is when you get called in for the interview 1 year and 364 days
after the marriage, which of course would give someone CLPR status.
I had this happen in one case. It was not quite at the 364-day mark, but pretty
close. But by some quirk of fate
, my client forgot to bring something to the
interview that the interviewer wanted. So they gave him approximately 90 days to mail
it to the interviewer. By the time the interviewer received the material and approved
the case, the marriage was over two years old so his wife received LPR status.
That's not the only way around this problem. I have an associate (attorney friend)
who on more than one occasion has been able to talk an INS officer into holding off
for a week or so in issuing the approval (waiting a week or so after the interview
took place) just so the international spouse received LPR status instead of CLPR
status. I personally have not had to try this yet, but I have that idea tucked away
in my bag of tricks just in case it will come in handy someday.
Best Regards, Matthew Udall Attorney http://members.aol.com/MDUdall/fiancee.htm
Copyright 2001 Matthew Udall
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Andy is correct. There is this "silver lining" (getting LPR status instead of CLPR
status) that comes along with processing through a slow INS office (although one
must renew EAD cards, and perhaps AP'S.... but think of the money you will earn with
that EAD
.What is really a drag is when you get called in for the interview 1 year and 364 days
after the marriage, which of course would give someone CLPR status.
I had this happen in one case. It was not quite at the 364-day mark, but pretty
close. But by some quirk of fate
, my client forgot to bring something to theinterview that the interviewer wanted. So they gave him approximately 90 days to mail
it to the interviewer. By the time the interviewer received the material and approved
the case, the marriage was over two years old so his wife received LPR status.
That's not the only way around this problem. I have an associate (attorney friend)
who on more than one occasion has been able to talk an INS officer into holding off
for a week or so in issuing the approval (waiting a week or so after the interview
took place) just so the international spouse received LPR status instead of CLPR
status. I personally have not had to try this yet, but I have that idea tucked away
in my bag of tricks just in case it will come in handy someday.
Best Regards, Matthew Udall Attorney http://members.aol.com/MDUdall/fiancee.htm
Copyright 2001 Matthew Udall
Mar 31st 2001, 12:19 pm
#5
Guest
Posts: n/a
And that doesn't always work. It didn't in our case because we had the wicked witch
of the west who said K-1 recipients are NEVER allowed LPR status regardless of the
fact that they interview was concluded successfully after their second wedding
anniversary.
Rita
of the west who said K-1 recipients are NEVER allowed LPR status regardless of the
fact that they interview was concluded successfully after their second wedding
anniversary.
Rita
Mar 31st 2001, 12:46 pm
#6
Guest
Posts: n/a
Really? And there was no way you could fight that at all? That's not a good thing.
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successfully
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successfully
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Apr 1st 2001, 10:37 pm
#7
Guest
Posts: n/a
We were told if we didn't like it to take it up with Vermont. Since the greencard has
not arrived after six months, we sent in the inquiry form on
2/15 to see what the delay was and to question the inconsistency of the status given
in regards to the duration of the marriage. To date, nada from Vermont on the
inquiry form. AFAIK, we are in limbo and Jim will probably be going to NYC INS in
August to try and get an appointment to get another I-551 stamp in his passport and
then we will be filing the I-751 in July 2002 for the removal of conditions from a
greencard that was never received.
Rita
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not arrived after six months, we sent in the inquiry form on
2/15 to see what the delay was and to question the inconsistency of the status given
in regards to the duration of the marriage. To date, nada from Vermont on the
inquiry form. AFAIK, we are in limbo and Jim will probably be going to NYC INS in
August to try and get an appointment to get another I-551 stamp in his passport and
then we will be filing the I-751 in July 2002 for the removal of conditions from a
greencard that was never received.
Rita
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Apr 2nd 2001, 8:37 am
#8
Guest
Posts: n/a
Good luck with that..
Cheers, Evan
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Cheers, Evan
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Apr 3rd 2001, 2:17 pm
#9
Guest
Posts: n/a
Were the INS to look at their own statistical yearbook, they would discover that they
even have an official classification for K-1s > 2 years. It's called IF-1, and there
were 159 of them in FY 1998.
See page 22(23) of:
http://www.ins.usdoj.gov/graphics/ab...tics/imm98.pdf
Paulgani
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even have an official classification for K-1s > 2 years. It's called IF-1, and there
were 159 of them in FY 1998.
See page 22(23) of:
http://www.ins.usdoj.gov/graphics/ab...tics/imm98.pdf
Paulgani
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successfully
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