Urge To Race

It has been a loooonnng time since I posted to VJ. My wife got her K3 back in March 2008. She just had her Citizenship interview yesterday in Baltimore, MD.

The interview was scheduled for 11:00am. We arrived at 10:15 (driving in from Bethesda). The security line extended outside, but progressed very quickly, and we were inside and checked in at the interview room by 10:25. We then sat and waited until she was called at about 11:25. She was in for 15 minutes and emerged with a big smile as she had passed.

The actual interview went like this:

A. The officer went point by point through her N400

B. Five civic/government questions

1)What is the party of the president right now?

2)There were 15 original states, name 3?

3)Name the major political parties in the US?

4)What is the supreme law of the land?

5)

C. The officer asked her to read "Abraham Lincoln was President"

D. The officer asked her to write "Abraham Lincoln was President during the Civil War"

That was it, she passed. She was given two slips of paper, one saying that her application was recommended for approval, and another telling her to return at 3:00pm for the same day oath ceremony. We went to lunch on the harbor, Baltimore Harbor Place, and ate lunch, walked back to the Federal Building and attended the ceremony, which started at about 3:30, and was finished by 4:15.

Six years after starting this process, we are finally done!!

If this is your initial interview, you will probably not be separated. You will likely be interviewed together.

hey guys, i have all the requiremnets to bring on my interview but i just wanna ask if it is nesessary also for my husband (petitioner) to handle some evidence documents, since i heard here we will be interviewed in a separate room? shall they ask him to show some proof also? or just me? thank you so much!!!

The CDC form I693A is no longer used. It was deprecated as of June 2008. The vaccination section of the I693 is what you need (along with the personal info section and the Civil Surgeon info section). So it looks like you got the right stuff. As long as you got the latest form for the USCIS site, you are ok, don't worry about valid until dates.

Actually, had Leonardo and Angela not been married and married while he was in the US on a tourist visa, he would likely have no problems. This happens quite often, and USCIS usually takes the couples word for the fact that they did not have the intention to marry and married spontaneously without further proof required.

Here, they were married, he entered on a tourist visa then applied for AOS. There is no question of spontaneity.. it looks like fraud. No digging is needed, it is right in front of the USCIS officer. Now, it comes down to what happened that made them decide not to go back, is the reason compelling and unexpected enough to make this all fly?

If at all possible, the couple should return to Mexico and try to DCF to get a IR visa.

(Names have been changed to protect privacy)

Scenario: Angela is a US Citizen. She traveled to Mexico to do mission work and fell in love with Leonardo and married him in Mexico. Leonardo and Angela continued to reside in Mexico after being married in 2006. (Leonardo has a tourist visa to come to the USA and has visited the USA, but always resided in Mexico. Never overstayed his visits to the USA).

Angela and Leonardo decided to come back to the USA in 2009. Since Leonardo's visa is still current, he was able to come in the USA legally, and his i-94 currently has the expiration date of January 2010. Leonardo was NOT questioned as to his marital status at the Port of Entry. He simply told the Officer that he was headed to Atlanta after spending some time w/ friends in Laredo, TX.

However, certain circumstances transpired in Mexico during the first month that Leonardo and Angela were in the USA, and they decided they would not travel back to Mexico, rather decided that they would stay in the USA and live here. Angela decided to go ahead and petition for Leonardo. So, Leonardo was basically here in the USA for 2 months before Angela filed on his behalf the i-130/i-485/i-765 simulateously.

My question is this: Is Leonardo going to have any problems in his interview here in the USA? It's not like he came to the USA to commit visa fraud and marry a USC. He was already married to her 3 years prior to him coming to the USA.

Thanks!

MC

As others have said, expect the EAD in 60-90 days since filing. As you are a K3, you are very likely to be interviewed before you get your green card. Now AOS interview scheduling varies widely by local office and many other factors. As you can see, it took us almost a year to get the interview after filing. You can check the timelines and the USCIS web site for the dates for your local office.

hi all my biomitric appointment is on 24th this month , when do you think i can expect my EAD and AOS interview appointment ?

That is strange. He is supposed to sign his G325A. I filled out the one for my wife and fedexed it to her to sign, she signed it and fedexed it back. This, or something similar is what most people end up doing. USCIS obviously doesn't spend too much time scrutinizing the G325A or you would have been RFE'd for the missing signature. It is a form that he is supposed to sign.

No worries, since it doesn't have his signature, they can't even claim misrepresentation and he should be able to explain it easier at the interview that you filled and sent it. Might not be a bad idea to have a corrected G325A with his signature ready for the interview.

Since the petition has been approved by USCIS and sent to the Embassy which is the Dept of State it won't be of use to contact USCIS. The visa is issued by the Dept of State. You are done with USCIS (until AOS)) unless the Embassy rejects the case and sends it back to the USCIS for review.

The G325A form with his biographical information is technically his form to fill out and sign as true and correct. It's not your form to complete. At the interview, they may notice the discrepancy and ask him about it since he reported it wrong by signing the form. He can explain it or have a corrected copy to give them for the file. It's odd that you are married to a man in 2008 (when you filed) , yet you had no knowledge that he lived in the United Kingdom just 2 years before.

I knew he was in UK but i didnt know the years...i thought it was like in 2002... I filled out the G 325A HE DID NOT SIGN THE FORM because I HAD TO SEND THAT FORM TO USCIS. SO I HAD TO FILL ONE FOR MYSELF AND ONE FOR MY HUSBAND. LIKE I SAID I SHOULD'VE ASKED HIM THE YEAR BUT I DIDNT. BUT HE DID NOT SIGN THE FORM AND HE HAD NO KNOWLEDGE THAT I MAILED THEM G 325A. I TOLD HIM ABOUT IT WHEN HE RECIEVED HIS DS 230 and when I looked at the form.

Going back to NBC likely means the CSC adjudicator thought that an interview was in order for your case. It will eventually makes it way to your local office and you will receive an initial interview letter.

Well this AOS process is going slow ... again thank God we have the letter of all the changes and Rosie is here with me.

First we did OUR AOS in May and it was starting it process.

We received Rosies EAD and then her AP.

In July it was moved to California for a quicker prcessing, BUT !!!!

We received a new letter it was being transfered back to LEE SUMMIT Mo. Now we have been waiting a month and have heard Nothing.

I have heard it can take some up to a year to get a green card ... we must be one of those.

Everything is above board and everything is correct so we have no worries .. we just would love to have Rosie have

her green card and have the two years of NO MORE PAPERWORK to do.

Thank for listening

Rosie and David

Congrats!

Congrats!

Yes, you were aprroved. Congrats

Congrats

Relax, this is simple. You need your K3 NOA2 (I130 and I129F NOA2s),marriage certificate, and I94. They establish that you had a nonimmigrant K visa, are marriedand entered the US legally with inspection.

The bona fide relationship stuff is a separate requirement.

Following that sentence, it gives specifics. You must prove a bona fide marriage by any and all joint documents you can provide....bank accts., leases, utility bills, last will and testament, and so on. Plus photos. Check "guides" above.

Hmm...

The checkbox before that gives a blanked requirement, and THEN it has indented checkboxes that pertain to the blanket requirement with specifics.

The checkboxes after that don't seem to be a subset, or specifics that pertain to that blanket requirement statement. They seem like independent requirements.

Until you get down to the Marriage Based Eligibility checkbox. That has indented requirements that pertain to that box.

So it's not as concrete as I'd like it for tomorrow morning's interview! And oh yes, I've checked the guides, more times than I can count in the past 2 1/2 years.

You don't have to do anything if you already filed for AOS, he is legal. His status is AOS pending. The receipt notice for his I485 proves his status.

My husband entered the US on a K1 visa on June 20. It's stamped until Sept 18th. We have already filed for AOS. Do we need to file for an extension to keep him legal while we wait for AOS?

Yes, that is exactly what you should do. Dr. Arnold only needs to and will only complete the vaccine section for you once you send proof that all vaccinations are complete.

Ok. Thanks.. but i read lots about this Dr. Arnolds from Texas.. Can i just go to the health service in our area and have them give me shot and send to Dr. Arnolds that i had the shot from here.. can he still transcbribe it for me? i mean for the I-693 to be complete?

OP, you need to file form I485. Your wife will need to fill out a I864 (affidavit of support). Please read the guides.

so i got married on 7-21-09 and i need to change my status what form does my wife need to fill out i got married without a fiance visa and im a candaian citizen

While Lona is correct, if the OP married with the intention of staying, he committed fraud. Having the proofs mentioned would certainly be great. But, usually the USCIS will not require these proofs to approve an AOS. That being said, OP, you might still encounter a tough interviewer or adjudicator that does want such proofs. But, as many here on VJ have done, your word that you did not have immigration intent and married spontaneously will suffice for an approval.

did you get married out of the spare moment , did you have intentions to return back to canada before you got married ? if so and you have proof like unbroken lease , or employment letter stating they expected you back on a sertain date , a return back ticket , if you have all that effidence and you like to stay and know you wont be able to return before AOS is aproved then you can file for AOS ,

but if you have no effidance and you had every intentions to get married when you crossed the border , then ( i belive someone correct me if I'm wrong ) you have to return to canada and your wife files for K3 or Cr1 spousal visa

Congrats

A visa medical for people AOSing from K visas are valid for one year. That is, the medical must have been less than a year old when your I485 was received by USCIS. You meet that criteria. Your visa medical was in the brown envelop you handed over at the POE, they should have it. As pizzadude said, just take your copy of the vaccination record to the interview.

hi, my interview for adjustement of status is at the end of this month, i recieved a notice with all the documents i need to take with me to the interview, my question is do i have to do a medical exam (Form I-693) and vaccination and take it with me? they said ( unless already submitted) i did not do any exam when i came to US and i did not send it with Form I-485 , the only medical examination i did was in my country in Nov 2008 when i called the immigration service and asked them if i need to do another medical exam here they said no because i already did it in my country, i m confused should i do it and take it with me or go to interview without it and see what will happen....thanks for your replies .

Hope everything works out.

This is a good assessment of the situation. OP, your wife is out of status as of the date the I94 in her passport expired.

You should file for AOS and AP, and have her leave only after the biometrics and AP are done. Then she can come back at will as long as 12 months have not passed. If there is an interview, she must come back for that. If you do not want to spend the money for AOS now, are not sure if the marriage will survive, then she can go back, but you will start from step one with an I130 for a CR1 visa (which will also result in a GC upon entry). This takes some time (check the timelines). I am not sure what her accumulated overstay might mean in terms of a ban when going for a CR1 if she just leaves now.

Hello all,

Here is our situation, we got engaged in Pakistan and she got her K-1 visa and she arrived in U.S on 16th of April. We got married early May and then Mom pasted away in June and I had to travel back to Pakistan for a month. When I came back in July, we realized that our marriage is really weak. Too much emotional disturbance in the house just took us a apart. At this point we are both trying really hard to work on our marriage but it's going nowhere. We have talked about it and we think maybe we need a little time apart and give each other some room to get things on the calmer side. Being in each others face is simply not helping. She would like to travel back to Pakistan for the time being.

Now that was the personal end of the story. I need help with the legal end from you guys. Here are my questions.

We haven't filed the change of status for her yet. What is our deadline to do that?

How long is she considered legal in U.S. after entering on K-1 visa and getting married within 90 days.

If she decides to travel back to Pakistan, should we file for change of status before she leaves?

Will she be able to travel back to U.S. or will I be able to sponsor her back as a husband once she is in Pakistan without filing for change of status?

Please feel free to give as much info as possible. I am really stressed. Thanks.

I am sorry that you are both having major issues with your marriage. If your wife was to leave the USA without filing for AOS and getting the Advanced Parole then if she wanted to come back to the USA you would have to start from scratch with a spousal visa.

If you file for AOS and wait until she has got the Advanced Parole documents, then she can leave the USA and return as long as she is not outside the USA for more than 12 months. The problem is, if you file for AOS and she leaves the USA she will need to come back for any interview or biometrics appointment that USCIS calls her too.

If she files for AOS but does not file for the AP(advanced Parole) and she leaves the USA then she will be abandoning her application for AOS, you would then have to file for a spousal visa for her to be able to come back..

If they were married in the US after he entered, yes he would probably be approved. In that case, an unmarried individual entered and married (without plans to do so of course). Anyone who does this and then applies for AOS will claim that they did not have plans to do this. USCIS does not have the time or ability to investigate his intent on entry in these cases.

Here, a married individual entered and then applied for AOS. There is nothing to investigate. He was already married, entered without an appropriate visa and applied for AOS. It would be impossible for the OP to say that he entered without intent to marry and it happened whimsically (since he already was married) or that they applied for AOS on the spur of the moment (no such thing). This is an easy denial, no research needed.

Cant be visa fraud since he didnt have a visa.

Tehnically, yes it is fraud. Will the USCIS do anything, NO.

They are undertrained, understaffed, and really dont have he time to investiigate.

He wouold have been approved with no problwm. Ask any Immigration attorney;.; Do I approve??...NO

I wouldn't worry. You were a K1, so there is still a shot you will end up at CSC and approved without interview. If you are interviewed, they usually take some to schedule. Checkout my signature, we waited for a year to get interviewed. If you are interviewed it is now very likely you will get the 10 year card (as we did) because the 14th of October is awfully close and unless you get an appointment letter in the next day or 2, you will no longer be conditional.

Me and my husband filed my AOS documents last May 13,2009, I have my AED already, but I still don't get my AP nor the schedule for my interview, the waiting time is killing me I keep checking my status on the USCIS site but it isn't changing, hmmm, i wonder if it will takes a long time to wait, i tried calling them but the person who answered me said that my papers is still on the process. was wondering too if they will wait for my second anniversary of marriage on Oct. 14 since we file very late, it took us a year and seven months to file (financial reason).

Is anyone here has the same situation?

Any opinions are welcome.

Thanks.

removing multiple post

Surf2Salsa, not all cultures or people wear wedding rings. I did not wear a wedding ring to our interview and it was not an issue.

Sounds like you are well prepared. Don't worry, it should not be a problem. Letters from family (or friends for that matter) are not too important if you have other evidence. It sounds like you do.

Our interview is this Friday and I don't think we are as prepared for it as we should be. Here is what we will bringing with us.

Our passports and birth certificates.

3-5 Bank account statements for our joint bank account.

One account statement for our joint credit card.

Cell phone statements for the past 3 years with all calls to her country and text messages highlighted. (I have a second line - which belongs to my wife but she is not on the bill)

Copies of calling card purchase and calling history.

Bank account statements for every trip to her country with all transaction related to my visits highlighted.

Every email (that we can find) sent to and from one another ..

Rental agreement in both our names.

A small photo album of us. ( I am worried about this because we really don't have any wedding pictures. Our wedding was at the Justice of the Peace and we only have one three or four pictures.)

Airline ticket info indicated on from emails and bank statements.

Copy of the shot records and the surgeon who did it for us, USCIS approved (sent to USCIS when first applied for AOS).

Copy of our financial liability stuff, including pay stubs to present, Veterans Disability, GI Bill payments, & W-2s.

Marriage certificate.

Copy of all USCIS receipts

Biometrics stamped letter.

Advance parole approval.

EAD (Employment Authorization Document).

Copy of health insurance information showing my wife as a dependant.

Copy of her Military ID showing her as my spouse.

3-4 Letters from friends.

We don’t have copies of the original AOS packet we sent and all the letters we have are from our friends. (no family-they didn't really approve of our marriage - do you think this will be a problem)

I'm extremely nervous about the interview. Is there anything else needed or anything else you guys think we should do?

Thanks

They should definitely go to the interview. The original birth cert. was never asked for by our interviewer. They had a photocopy of it in the packet and were happy. If it does not come up in the interview, I would not recommend that they ask if the original is in the packet, that would make it obvious that they don't have the original, and if it is not in the packet, it might cause problems like an RFE for the original. It might not, but why bother, especially if she can get another one from Thailand.

I got one of those calls from the kids. They can't find her original Thai birth certificate and she thinks it ended up in the packet at the embassy instead of a photo copy. Has anyone ever gone to an AOS interview without the original, or equivalent thereof, and lived to tell about it? She has the English translation with a Ministry of Foreign Affairs stamp on it and a photo copy of the original in Thai. Is this a reason for which the interview needs to be rescheduled? After all of these months of attending to small details.... I think they should just go, as he can't just make it any time, but they don't need to upset an officer, either. Hopefully the worst that could happen would be that she would have to secure an official one from Thailand and send it in. They live 300 miles from the office.

Thanks for any help.

Thai Mom