Km1979

Hello everyone,

I got married to my girlfriend earlier this week. We're both in our last
year of college but she's a US citizen (born here) and I'm on a F-1 visa
still (5th year already). Both of us will be getting our Bachelor's
degrees next year.

My wife wants to help me get my permanent residency so that I can stay
here and we can continue our lives together in the USA. I've already
hired a lawyer to process my case but I have lots of questions about all
these USCIS procedures and requirements. I would greatly appreciate it
if you guys help me find the answer to the following questions:

1. How many interviews with the immigration officials will we have? I
know there's an AOS interview but I've heard in 2 years we'll have
another one?
2. What is the difference between those 2 interviews, how long they last
approximately and how can me and my wife prepare for them?
3. Is the fingerprinting before or after the AOS interview?
4. Does it matter that her parents do not know that we're married? They
have told her that she should wait until she graduates and has a
stable job... however she decided to ignore their advice... her
brother knows we got married and he approves. My parents and my
sister also approve our marriage but could not come to the ceremony
since they live abroad.

Thank you so much for your help and I hope to hear from you soon!

K.

Folinskyinla

    > Hello everyone,
    > I got married to my girlfriend earlier this week. We're both in our
    > last year of college but she's a US citizen (born here) and I'm on a
    > F-1 visa still (5th year already). Both of us will be getting our
    > Bachelor's degrees next year.
    > My wife wants to help me get my permanent residency so that I can stay
    > here and we can continue our lives together in the USA. I've already
    > hired a lawyer to process my case but I have lots of questions about
    > all these USCIS procedures and requirements. I would greatly
    > appreciate it if you guys help me find the answer to the following
    > questions:
    > 1. How many interviews with the immigration officials will we have? I
    > know there's an AOS interview but I've heard in 2 years we'll have
    > another one?
    > 2. What is the difference between those 2 interviews, how long they
    > last approximately and how can me and my wife prepare for them?
    > 3. Is the fingerprinting before or after the AOS interview?
    > 4. Does it matter that her parents do not know that we're married?
    > They have told her that she should wait until she graduates and has
    > a stable job... however she decided to ignore their advice... her
    > brother knows we got married and he approves. My parents and my
    > sister also approve our marriage but could not come to the ceremony
    > since they live abroad.
    > Thank you so much for your help and I hope to hear from you soon!
    > K.

Hi:

What does your lawyer say? You've paid her -- send an e-mail with your
questions, they might get answered.

Generally speaking, your combined I-130/485 application will have you 1)
go in for "biometric" fingerprints 2) go in for EAD issuance -- this
might be similar to "biometric" appointment and 3) your actual
interview.

If your case is approved before your second wedding anniversery, your
PR status will be subject to a two year "condition" which will
require an I-751 application to remove. You may or may not be
interviewed for that.

Km1979

    > Hi:
    > What does your lawyer say? You've paid her -- send an e-mail with
    > your questions, they might get answered.
    > Generally speaking, your combined I-130/485 application will have you
    > 1) go in for "biometric" fingerprints 2) go in for EAD issuance --
    > this might be similar to "biometric" appointment and 3) your actual
    > interview.
    > If your case is approved before your second wedding anniversery, your
    > PR status will be subject to a two year "condition" which will
    > require an I-751 application to remove. You may or may not be
    > interviewed for that.

So the 2nd interview is about 2 years from now (Nov 2006) and it's only
necessary if USCIS doubts the marriage is a bona fide one? Or maybe they
just randomly select who to interview for the 2nd time?

K.

Noorah101

    > So the 2nd interview is about 2 years from now (Nov 2006) and it's
    > only necessary if USCIS doubts the marriage is a bona fide one? Or
    > maybe they just randomly select who to interview for the 2nd time?
    > K.

No, the "second" one you're thinking of is only if your first one falls
before your 2nd marriage anniversary. It doesn't have anything to do
with whether your marriage is bona fide or not. It's just a
technicality. If your first interview falls after your 2nd marriage
anniversary, you won't have to apply to remove conditions, and thus have
no "second" interview.

Best Wishes,
Rene

Folinskyinla

    > So the 2nd interview is about 2 years from now (Nov 2006) and it's
    > only necessary if USCIS doubts the marriage is a bona fide one? Or
    > maybe they just randomly select who to interview for the 2nd time?
    > K.

Hi:

No. Please don't put non-existent words into my posting, if you please.

I just described the GENERAL processing. If in the combined I-130/485
processing, doubt develops as to the bona fides of your marriage, then
your case will be referred for a second interview on the bona-fides of
the I-130 and possible investigation. This pretty rarely happens.

ALL that I said above was that IF your green card is granted before your
second wedding anniversery, it will be subject to a condition. You
would then have to file a SECOND application, the I-751 -- which may, or
may not result in a second interview.

I said NOTHING about a second interview in November 2006.

Sphyrapicus

    > Hello everyone,
    > I got married to my girlfriend earlier this week. We're both in our
    > last year of college but she's a US citizen (born here) and I'm on a
    > F-1 visa still (5th year already). Both of us will be getting our
    > Bachelor's degrees next year.
    > My wife wants to help me get my permanent residency so that I can stay
    > here and we can continue our lives together in the USA. I've already
    > hired a lawyer to process my case but I have lots of questions about
    > all these USCIS procedures and requirements. I would greatly
    > appreciate it if you guys help me find the answer to the following
    > questions:
    > 1. How many interviews with the immigration officials will we have? I
    > know there's an AOS interview but I've heard in 2 years we'll have
    > another one?
    > 2. What is the difference between those 2 interviews, how long they
    > last approximately and how can me and my wife prepare for them?
    > 3. Is the fingerprinting before or after the AOS interview?
    > 4. Does it matter that her parents do not know that we're married?
    > They have told her that she should wait until she graduates and has
    > a stable job... however she decided to ignore their advice... her
    > brother knows we got married and he approves. My parents and my
    > sister also approve our marriage but could not come to the ceremony
    > since they live abroad.
    > Thank you so much for your help and I hope to hear from you soon!
    > K.

You file your AOS. You get called for an interview. You also have to get
your fingerprints taken.

After you adjust status and become a permanent resident they will
attach conditions. After you have been a permanent resident for 2 years
(minus 90 days) you submit an I-751 to remove your conditions. Most
people have their I-751 approved without an interview. If there is some
doubt about whether your marriage is bona fide or if your name is
picked by random, you will be called for another interview. Most people
are not called for the second interview. If approved, you will have the
conditions removed and you will receive a new green card that needs to
be renewed in 10 years.

Got it?

If not, check out www.uscis.gov or consult your attorney. Also check
out the FAQ in the root post at the top of the main marriage-based
visas page.

Ian-Mstm

    > Hello everyone,
    > I got married to my girlfriend earlier this week. We're both in our
    > last year of college but she's a US citizen (born here) and I'm on a
    > F-1 visa still (5th year already). Both of us will be getting our
    > Bachelor's degrees next year.
    > My wife wants to help me get my permanent residency so that I can stay
    > here and we can continue our lives together in the USA. I've already
    > hired a lawyer to process my case but I have lots of questions about
    > all these USCIS procedures and requirements. I would greatly
    > appreciate it if you guys help me find the answer to the following
    > questions:
    > 1. How many interviews with the immigration officials will we have? I
    > know there's an AOS interview but I've heard in 2 years we'll have
    > another one?
    > 2. What is the difference between those 2 interviews, how long they
    > last approximately and how can me and my wife prepare for them?
    > 3. Is the fingerprinting before or after the AOS interview?
    > 4. Does it matter that her parents do not know that we're married?
    > They have told her that she should wait until she graduates and has
    > a stable job... however she decided to ignore their advice... her
    > brother knows we got married and he approves. My parents and my
    > sister also approve our marriage but could not come to the ceremony
    > since they live abroad.
    > Thank you so much for your help and I hope to hear from you soon!
    > K.

If you are married less than two years when the AOS interview occurs,
you'll need to petition to remove the conditions on your green card -
that means a second interview at some point. If you're married more than
two years when you have your AOS interview, then there will not be
another one.



You'll be fingerprinted several times... apparently fingerprints expire
after a year or so, so they have to keep taking them... you have to keep
paying for them... and on it goes.



It doesn't matter at all to immigration, although her folks are probably
going to be pretty pissed off! That'll probably blow over once you
present them with a grandchild.

Ian

LucyMO

    > If you are married less than two years when the AOS interview occurs,
    > you'll need to petition to remove the conditions on your green card -
    > that means a second interview at some point. If you're married more
    > than two years when you have your AOS interview, then there will not
    > be another one.
    > You'll be fingerprinted several times... apparently fingerprints
    > expire after a year or so, so they have to keep taking them... you
    > have to keep paying for them... and on it goes.
    > It doesn't matter at all to immigration, although her folks are
    > probably going to be pretty pissed off! That'll probably blow over
    > once you present them with a grandchild.
    > Ian

and your wife has to have sufficient income to sponsor you. If she
doesn't have suffient income (being a student) you can use your own
income as a co-sponsor, or find a co-sponsor (doesn't have to be
family, but has to realize what consequences being a co-sponsor will
bring). That's why it will be helpful to notify parents and get them
on your side.

Km1979

    > and your wife has to have sufficient income to sponsor you. If she
    > doesn't have suffient income (being a student) you can use your own
    > income as a co-sponsor, or find a co-sponsor (doesn't have to be
    > family, but has to realize what consequences being a co-sponsor will
    > bring). That's why it will be helpful to notify parents and get them
    > on your side.

I'm thinking of asking my sister to be my co-sponsor. She has a full
time job in NYC and her income is definitely above the average. How much
money do I have to prove I have? I live in California and I'm going to
apply for AOS at the San Jose office. Also, if someone has had a recent
experience with the San jose office, please share it with me, I'm really
curious how fast or slow they are, etc.

Thanks in advance to all who reply!

K.

LucyMO

    > I'm thinking of asking my sister to be my co-sponsor. She has a full
    > time job in NYC and her income is definitely above the average. How
    > much money do I have to prove I have? I live in California and I'm
    > going to apply for AOS at the San Jose office. Also, if someone has
    > had a recent experience with the San jose office, please share it with
    > me, I'm really curious how fast or slow they are, etc.
    > Thanks in advance to all who reply!
    > K.

Not you, but your wife and sister. It's all described in form I-864P.