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Marriage Based Visa

Marriage Based Visa

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Old Jun 6th 2002, 12:35 am
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Default Marriage Based Visa

The more we read the more confused we get! We got married in the USA and then my wife filed the I-130 etc. Is this considered a Marriage based visa or are only the K-1s marriage based? My interview is coming up and the paperwork they sent doesn't make sense!! Also... what kind of questions do they ask in the aos interview? I know one person that went and the only thing he didn't know was his wife's dress size.... we have been trying to think of everything they might ask....
Thanks for any help!
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Old Jun 6th 2002, 12:42 am
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Default Re: Marriage Based Visa

It's a marriage-based *petition* - immediate relative category.

You don't need a visa since you are already in the USA - the AOS takes the place of a visa.
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Old Jun 6th 2002, 1:03 am
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Default Re: Marriage Based Visa

I am assuming that you are the foreign spouse in this marriage. Your USC wife file the I-130 for you and the I-864 Affidavit of Support. You filed all the rest of the petitions. Assuming, once again, that you filed for the EAD and perhaps for Advance Parole to travel and re-enter the US.

You mentioned that your interivew for adjustment of status based on the marriage is coming up and you don't understand the paperwork that Atlanta sent you. What exactly did they send you that you don't understand. It is rather clear cut. You are to bring with you to the interview any and all documents that show you have a valid marriage. This will include joint bank accounts, leases or deeds for primary residences, perhaps joint car regisration or joint car insurance, employer letters from your employer and your wife's employer showing your marital status, who is beneficiary to your health, life and 401K plans, private life insurance and who is beneficiary, an original of your marriage certificate sent to you or obtained by you from the registar where your marriage was registered, photographs of the two of you together at various times during your marriage and at your wedding. All of this should be listed on the checklist of items to bring to the interview that they might have sent you.

Also have you had your fingerprinting done yet? Do you have a current passport with an I-94 in it?

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Old Jun 6th 2002, 1:04 am
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Default Re: Marriage Based Visa

Let me rephrase... couln't think of the right word... Is my AOS a Marriage Based Interview... the reason I am confused is that on the front page it doesn't have the one checked saying I need to bring my wife... and on the page telling you in detail what to bring, under Marriage Based Interview... number 1 is bring your spouse! They also want a tax return for 2000 I didn't work here in 2000 was arrived here December 16, 2000 and couldn't work till April of 2001, do they want my spouse's 2000 return??
Thanks again
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Old Jun 6th 2002, 1:29 am
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Default Re: Marriage Based Visa

Yes you bring your wife. Your petition for adjustment of status is based on your marriage and the interview is to prove the validity of that marriage.

As for the tax returms, yes your wife filed an affidavit of support for you and she should bring any income tax returns filed since the time she completed the I-864. This will probably income the year 2001 as well as 2000 since most people have filed by April 15 for the previous year tax year.

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Old Jun 6th 2002, 1:38 am
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Default Re: Marriage Based Visa

thanks Rete for your replies... the confusion as I stated is that the form says don't bring my wife... then on the next page says bring my wife.... kinda of contradictary don't ya think??? I am the foreign spouse....fingerprints were done twice...something else no one at the INS could explain... but they are done! Any advice or hints for the interview... we have a legit marriage but my wife got concerned when after living in our condo for 1 1/2 years I couldn't tell her what color the living room walls are. Do they interview me and my spouse in different rooms... I am guessing this is the case.
Thanks again!!
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