happylove

Your wife qualifies to apply for US citizenship if 1) she has been an LPR for 3 years, 2) living with her US citizen spouse for 3 years, and 3) been living continuously in the US for 3 years without being outside the US for trips of 6 months or longer.

You need to use the correct term;

Temporary green card (wrong) --> Conditional permanent legal residency (expires in 2 years if the condition is not lifted).

When you use the right term, it is easier to figure out if she qualifies to apply for US citizenship. You count the years she is a conditional LPR towards the time she needs to meet to apply.

If I am understanding correctly: If my wife became a conditional LPR in 2008, then she can apply for citizenship this year in 2011. We applied to have her conditions lifted last year in 2010 -- that is when she got her permanent residency status.

When can someone apply for citizenship if they are married to a US citizen? Is it three years from the date they received their temporary green card or three years from the date they received their permanent resident status? We have been married for over 3 years and she has been in this country for approximately 3 1/2 years. However, my wife received her permanent resident status last year after apply for her AOS. She received her temporary green card about two years ago. I was wondering if the time she had the temporary green card is added to the total. She is very eager to get her citizenship and I want to support her on this.

thanks

If my husbands AOS gets denied, does anyone have any suggestions for a good attorney in the Seattle, Tacoma, or Olympia Washington area?

My husband may have seemed like lying (even though he was not trying to lie), when the officer asked him when he proposed to me. He said he proposed here at a park. And then she asked, "you mean you didn't ask her to marry you when she came to meet you in your country?" Actually he proposed twice, but I don't know if she got that. Also, when we had only the month of October to show that he was added to my bank account and me to his account, she at first thought it was showing for a whole year, but then she saw it was only just the day before the interview. She might have thought that my husband was not making that clear. I sure hope that is not taken as lying, because he was not trying to lie.

I am so worried and upset.

You can appeal depending on what the denial is for.

Most times they'll give you a chance at a second interview if they're just not convinced (as opposed to a denial cuz you lied about something).

Does anyone know what happens if there is a denial at the AOS interview? Does anyone have experience with this? Is there usually an appeal or the Stokes interview? We are worried that we will flat out be denied with no appeal.

Also, does anyone know of any good immigration attorneys in the Seattle, Tacoma, or Olympia in Washington State?

Yu and Dan, thanks -- Will try in fill in timeline soon. I am too upset today to do that today. We thought, later, after the interview, that we did not provide enough information and we felt we needed to explain what the officer did not understand. My husband proposed to me BEFORE he came here AND AFTER her came here. My husband made it sound like he proposed only after here came to the U.S. We only included each other on our bank accounts the day before our interview. But this is a bona fide marriage and we feel that we need to talk to the officer who interviewed us and give her letters from family and explain a few things before she decides to deny us and we find out we might not even have the option of appeal! We were also thinking to put my husband on my car ownership since he does not have a car right now. How do we alert the deciding officer to these things before its too late???!!!

You need to provide them information only if they request it.

How about updating profile?? http://www.visajourney.com/forums/index.ph...rCP&CODE=01 You are "Filed for: AOS Pending" and How about filling in your timeline???

http://www.visajourney.com/timeline/profile.php?id=26959 (Last thing showing there is I-129F NOA1)

You get more answers if you at least keep timeline and profile updated.

Since we went to the AOS appointment, and since we did not have a lot of things to show our marriage, if we make an infopass appointment, is there a good chance we could talk to the officer who interviewed us?

Or, can we drop off any new information? We need to do this before they make a decision.

Does anyone know the answer? Thanks

Thank you, Unforgettable fire

Sorry to hear about your experience. It is important to be REALLY prepared at the interview and take into consideration EVERYTHING. You never know what they are gonna ask, what documents what pieces of evidence and I believe being prepared is imperative.

However, in the event of you getting a denial I believe you can get a motion to re-open your case, sometimes they might ask for the couple to attend a second interview.

If I was you I would try to collect as much information, documentation, evidence, etc... try to make an infopass also if you don't hear from them in a few days. I wish you all the best of luck! I'm sure everything will be ok.

Dear Cdn, thank you for your prompt reply and your caring

Sorry to hear about your experience. It is important to be REALLY prepared at the interview and take into consideration EVERYTHING. You never know what they are gonna ask, what documents what pieces of evidence and I believe being prepared is imperative.

However, in the event of you getting a denial I believe you can get a motion to re-open your case, sometimes they might ask for the couple to attend a second interview.

If I was you I would try to collect as much information, documentation, evidence, etc... try to make an infopass also if you don't hear from them in a few days. I wish you all the best of luck! I'm sure everything will be ok.

The problem with this is that even those people on VJ interviewed in Seattle, in the last 8 days, who were told at the conclusion of their interview they were approved, were been told it will probably be a month to get the GC, so there is no point in an INFOPASS until at least a month has gone by. OP was told a month or two. An INFOPASS will likely result in being told the case is under review and she'll hear or she should contact again in another 30/45/60 days.

I'm not sure what action USCIS will take. I'm sure someone here can help with that information. And I believe you have some sort ability to reopen the case if it is denied.

q

Dear Cdn in wa: Thank you and everyone for your comments.

Cdn, Do you think that we could get flat out denied? Also, if they did deny us, do we have an appeal? I am scared to death that they will just reject us and tell us case closed.

We are feeling very uncomfortable and worried about the interview in Seattle. We did not have bank statements -- only letters from our banks showing we recently shared our accounts (one bank letter does not give a date, the other one shows it was open the day before the interview). When we get our bank statements in the mail, should we schedule an infopass and bring them in to uscis?

There isn't much point in making an INFOPASS to deliver the bank statements.

Your case has several red flags for the IO.

1. Your marriage was 9 months old and you only shared bank accounts the day before the interview. (It looks to them as though you only did this for the interview and they will be thinking - what took so long to co-mingle finances?)

2. There is a significant age difference between you and your husband. (this is something that makes them look twice, and since there are other issues, it unfortunately, probably had an effect)

3. Your husband misrepresented when he proposed to you when he told the IO it was after he came to the US on a fiance visa. (This is probably the most serious thing that happened at the interview. The IO will be wondering how this happened since he arrived on a fiance visa - was it misrepresentation?)

It's possible the IO will approve your case. It's also possible that they will schedule a 2nd interview or Stokes interview. They may send you an RFE for more information.

I'm afraid you're stuck waiting to hear what they decide to do. In the mean time, as I suggested in your other thread, you should prepare yourselves for the possibility of a second interview and get as much more evidence as you can to establish the bona fide nature of your marriage.

If you look in the guides, there is one on example interview questions. You can also seach on Stokes Interview here on VJ and you will likely get more information about what to expect should you be required to attend a 2nd interview.

Sorry this happened to you and Good Luck.

Old Dominion: We had utility bills, car and health insurance, but no ownership of any kind. We did not show the rental agreement as I am currently receiving housing assistance (although my husband pays his share of the rent).

We are feeling very uncomfortable and worried about the interview in Seattle. We did not have bank statements -- only letters from our banks showing we recently shared our accounts (one bank letter does not give a date, the other one shows it was open the day before the interview). When we get our bank statements in the mail, should we schedule an infopass and bring them in to uscis?

Did you have other documents showing shared expenses, e.g. utility bills, rental agreement, car ownership, etc? Unless the interviewer asked for the bank statements, why would they be needed?

Dear Cdn in wa: Thank you and everyone for your comments.

Cdn, Do you think that we could get flat out denied? Also, if they did deny us, do we have an appeal? I am scared to death that they will just reject us and tell us case closed. Also, what wasn't explained well to the officer was, yes my husband proposed to me when he was here in the U.S. However, he proposed to me when I was in his country meeting him. We did not get married legally, but we did have our own private religious ceremony (just the two of us) and that is when he first gave me my wedding ring. Do you think we should make an infopass and clarify this with the officer? Also, we just recently shared bank accounts it is true. We did this because my husband recently started working (about 2 months ago) and also when his money ran out to pay for things, I supported him with my resources, so I did not share my bank account with him yet. We did share right before the interview to show that we share. But we intend to continue to share . . . so . . . do you have any suggestions? Thank you --- your comments are appreciate so much.

We are feeling very uncomfortable and worried about the interview in Seattle. We did not have bank statements -- only letters from our banks showing we recently shared our accounts (one bank letter does not give a date, the other one shows it was open the day before the interview). When we get our bank statements in the mail, should we schedule an infopass and bring them in to uscis?

There isn't much point in making an INFOPASS to deliver the bank statements.

Your case has several red flags for the IO.

1. Your marriage was 9 months old and you only shared bank accounts the day before the interview. (It looks to them as though you only did this for the interview and they will be thinking - what took so long to co-mingle finances?)

2. There is a significant age difference between you and your husband. (this is something that makes them look twice, and since there are other issues, it unfortunately, probably had an effect)

3. Your husband misrepresented when he proposed to you when he told the IO it was after he came to the US on a fiance visa. (This is probably the most serious thing that happened at the interview. The IO will be wondering how this happened since he arrived on a fiance visa - was it misrepresentation?)

It's possible the IO will approve your case. It's also possible that they will schedule a 2nd interview or Stokes interview. They may send you an RFE for more information.

I'm afraid you're stuck waiting to hear what they decide to do. In the mean time, as I suggested in your other thread, you should prepare yourselves for the possibility of a second interview and get as much more evidence as you can to establish the bona fide nature of your marriage.

If you look in the guides, there is one on example interview questions. You can also seach on Stokes Interview here on VJ and you will likely get more information about what to expect should you be required to attend a 2nd interview.

Sorry this happened to you and Good Luck.

Dear Cdn in wa: Thank you and everyone for your comments.

Cdn, Do you think that we could get flat out denied? Also, if they did deny us, do we have an appeal? I am scared to death that they will just reject us and tell us case closed.

We are feeling very uncomfortable and worried about the interview in Seattle. We did not have bank statements -- only letters from our banks showing we recently shared our accounts (one bank letter does not give a date, the other one shows it was open the day before the interview). When we get our bank statements in the mail, should we schedule an infopass and bring them in to uscis?

There isn't much point in making an INFOPASS to deliver the bank statements.

Your case has several red flags for the IO.

1. Your marriage was 9 months old and you only shared bank accounts the day before the interview. (It looks to them as though you only did this for the interview and they will be thinking - what took so long to co-mingle finances?)

2. There is a significant age difference between you and your husband. (this is something that makes them look twice, and since there are other issues, it unfortunately, probably had an effect)

3. Your husband misrepresented when he proposed to you when he told the IO it was after he came to the US on a fiance visa. (This is probably the most serious thing that happened at the interview. The IO will be wondering how this happened since he arrived on a fiance visa - was it misrepresentation?)

It's possible the IO will approve your case. It's also possible that they will schedule a 2nd interview or Stokes interview. They may send you an RFE for more information.

I'm afraid you're stuck waiting to hear what they decide to do. In the mean time, as I suggested in your other thread, you should prepare yourselves for the possibility of a second interview and get as much more evidence as you can to establish the bona fide nature of your marriage.

If you look in the guides, there is one on example interview questions. You can also seach on Stokes Interview here on VJ and you will likely get more information about what to expect should you be required to attend a 2nd interview.

Sorry this happened to you and Good Luck.

Saffyre: yes, the officer asked about them, but she did not request that we bring them in

Did they ask for them?

We are feeling very uncomfortable and worried about the interview in Seattle. We did not have bank statements -- only letters from our banks showing we recently shared our accounts (one bank letter does not give a date, the other one shows it was open the day before the interview). When we get our bank statements in the mail, should we schedule an infopass and bring them in to uscis?

I was wondering, what is VWP? Also, do you have any suggestions where I can find good preparation information for the Stokes interview?

I really don't know why. We only took our joint check book, as we don't have paper statements, and that seemed fine for our IO, and the only other evidence we had was a joint lease and letters from friends, as well as photos. We were really nervous about the evidence and also as I adjusted from the VWP, and we even researched what a Stokes interview would be. This actually made us feel better, as the questions were things that we would obviously both know (like about the house we live in) and would be easy for anyone genuinely married, so of course it would not be pleasant, but should go ok even if this happens to you.

Thank you Jon and Lindsey

Do you think that we didn't pass right away because we didn't have bank statements? I wonder if that was it, or if there was more? Do you think that when we do get a bank statement that we should bring it in?

Also, if they were going to deny us for certain, would they have done it today? I am feeling very worried and upset.

Thanks

I'm not sure why you were not approved, but I would think that she did not take your husband's EAD because if she wasn't going to approve you there and then, he would need it to continue working pending the decision. I don't think it is necessarily a bad sign, he just needs it to prove he is allowed to work before he gets the actual GC/passport stamp. We also have a 20 year age difference (although I am the younger, not my husband), and the interviewer didn't make any comment about that when she approved us yesterday. Best of luck, I hope everything works out for you.

Today my husband and I went to the AOS initial interview. It was in the Seattle office. Here are some facts then I will explain more:

1) We have a 20 year age difference between us -- I am the older one (woman).

2) We brought in car and health insurance in both our names

3) We brought in bills that my husband has paid in the last two months since he has been working

4) We brought in utility bills in both of our names

5) photos

and our file in general from before is quite large, as the officer commented.

We were asked about how we met which was online. But it was seven years ago. I met him for two 1/2 weeks in his country. He came here on a K-1 fiance visa. We have been married for 9 months. We have not had a wedding ceremony as yet other than the courthouse ceremony. We have not had a honeymoon yet, although we plan to go to Paris-Vienna when we can afford it.

The officer seemed confused because my husband told her that he proposed after he got here - which was true, but obviously he asked me to marry him when I went to visit him otherwise he would not have come here on a fiance visa. But the officer (woman) seemed to take isssue with that.

We only recently shared our bank accounts with each other and we do not have statements, but we submitted letters from the banks. The officer didn't seem to like it that we did not have bank statements.

She did comment in a positive way however, that my husband is not likely to become a public charge.

She did not take his EAD from him (my husband commented that if he was going to get approved, why she didnt take his EAD from him?????)

She said that if she needs anything else, she will contact us in 1 or 2 months, otherwise it will be longer than 1 or 2 months if my husband is either approved or denied.

Q: From the information I have given, do you think my husband can get approved?

If he is denied, is there hope for appeal? What about her not taking his EAD?

I am worried, because I did not get good vibes from the officer. I wonder if we should get an Inforpass and take in our bank statements when they arrive, or take in any other information to try to minimize chances for denial.

Thanks to all who might offer their opinion

This is very difficult for me to type, because I am still in shock. My fiance went for his interview in Abu Dhabi yesterday. Our visa was denied -- case closed. The officer told my fiance that he would send our case back to USCIS. He was very nasty and humiliating towards my fiance. He denied the fiance visa on the basis of my fiance is likely to become a "public charge." I am unemployed but in the past worked as a teacher assistant. I am on housing assistance at this time. I had more than adequate assets (investment account and annuity accounts) and my son who does not live with me was my co-sponsor. He makes a good living and is more than twice the 125% poverty level in his income. I included a copy of my housing assistance contract. I had researched on the internet and also asked a woman at the State Department about housing assistance (including it as income.) I am on a voucher program - the money goes directly to my landlord, not to me. I found it odd that housing assistance could be included as income, but I thought that since other than my co-sponsor I only have assets at the present time to rely on, so to show some income is important. So I included my housing assistance contract. (I am not on wefare.) The officer told my fiance that I am a public charge and therefore he will become a public charge. My fiance has a bachelor's degree in electrical engineering and a master's degree in communications engineering. He has no intention of becoming a public charge. Other than the waiting period to get his EAD (or, if he could get a permit to work for ninety days from his port of entry to the US) he fully intends to work as soon as possible. And I want to get off housing assistance. (We did not mention it because we thought it would draw even more attention to our age difference, but I had hip replacement surgery a few months ago and will have another surgery for my other hip next month -- and when I am able to, I intend to work. Lately life has been a struggle for me.) The officer made a big thing of our age difference (23 years) and accused my fiance of using me for the visa. My fiance was very upset because he is loving and true to me and to our relationship. We have known each other on the internet for six years now and we met in person in August last year. I traveled to the UAE. All this did not make any difference to the officer. He didn't care about the co-sponsor. Now that the case is closed, is there any kind of appeal anyone knows about? I know that people get denied sometimes, but then they have another chance at an interview in a month or two. I don't know if their cases actually get closed and sent back to USCIS or not, of if they keep the cases at the embassy where the interview takes place. But ours is consdered DENIED and CLOSED and sent back. I don't know what to do. We are both in complete shock. We started our visa journey back in September, sending our petition in November, and now it is ending like this??? We have put a tremendous amount of time and energy into proving our relationship and getting all the papers we need.

I am so distraught and in deep distress. Does anyone have any suggestions as to what we can do about this? Thank you for reading this.

please excuse my dumbness, but i googled those words and cannot find it. can you help me more specifically with this? my faince's interview is in a few days and i need to send him the paperwork thanks

LandofTreesWoman,

Google - more than a good investment.

Yodrak

Yodrak, please, where can I find this information you mentioned? Is it here on the VJ site?

Yodrak, please, where can I find this information you mentioned? Is it here on the VJ site?

pushbrk, Turboguy, and LandofTreesWoman,

See 9 FAM 40.41 Public Charge Notes, N2.1 and N.2 for examples of benefits that are and are not considered "public cash assistance" for the purposes of Public Charge. See also N4.1 for consideration of receipt of public assistance with respect to both the alien and the sponsor.

Yodrak

.....

Heating assistance, ..... NO.

..... On the surface, the OP's question about counting government assistance as income, indicates they will need a joint sponsor, unless their employment income meets the minimum requirements. Bear in mind the whole purpose of any affidavit of support is to satisfy the concern that the potential immigrant will become a public charge. This sponsor is already a public charge, so cannot demonstrate their sponsorship will help an immigrant avoid becoming a similar burden on the taxpayer.

.....

pushbrk, Turboguy, and LandofTreesWoman,

See 9 FAM 40.41 Public Charge Notes, N2.1 and N.2 for examples of benefits that are and are not considered "public cash assistance" for the purposes of Public Charge. See also N4.1 for consideration of receipt of public assistance with respect to both the alien and the sponsor.

Yodrak

.....

Heating assistance, ..... NO.

..... On the surface, the OP's question about counting government assistance as income, indicates they will need a joint sponsor, unless their employment income meets the minimum requirements. Bear in mind the whole purpose of any affidavit of support is to satisfy the concern that the potential immigrant will become a public charge. This sponsor is already a public charge, so cannot demonstrate their sponsorship will help an immigrant avoid becoming a similar burden on the taxpayer.

.....

Yodrak, please, where can I find the informaiton you told us about in your reply?

Do i count the large help that I get from the housing assistance as income on my I-134? Also, what about the yearly energy assistance i receive? Thanks

On the I-134, q # 7, it asks for annual income. Aside from employment from a job, in this section can I include all assistance that I get from the Housing Assistance program? Do I also include my investment income? In other words, do I combine these incomes and put one amount ? Also, does one time each year energy assistance help to pay the cost of heating count as income too? Thanks for any help!

I was looking at the guides, but I am confused:

My fiance will soon go for his interview for the K-1 visa.

When he arrives here, when does he apply for the Adjustment of Status? Also, does everyone who comes here on a K-1 visa also need to apply for an EAD as well? I think that has to do with a permit to work? When do these applications take place and do we need to be legally married first? Thanks