After 1-485 Interview

[Kiska]

Hello,

I am a USC. My husband and I had our 1-485 interview on June 28th, 2004. Over a month earlier, on May 13, 2004, my husband had his fingerprints taken.

We applied back in August 2001, and it has taken that long for his case to be processed. Basically, we believe his application sat on a shelf for nearly 3 years before someone looked at it,because during our interview the officer acted as if he had seen things for the first time and much had changed.

Even after 3 years of marriage and an infant daughter later, we were given a very tough interrogation. We were never put at ease, and our nervousness just escalated during the interview. My husband, is from the former USSR, and entered this country nearly 10 years ago as a student at age 20. After his J-1, he was granted an H-1 worker's visa. After our marriage in 2001, we applied for his 1-485. He always plays by the rules and is squeaky clean save for a speedy ticket 3 years ago.

At the end of the interview, I asked if his passport was to be stamped. THe officer said no, that the process was just beginning, there were more background checks to do, and we'd hear back from INS 7-10 business days. He did however, take two photos, a fingerprint and a signature as if it were to be done for a green card.


My questions:

1. Any possible reasons as to why didn't we get the stamp at the interview? I have read so many stories on this site where people have gotten the stamp during the interview, and I sort of expected the same for us. His fingerprinting had been done in May 2004 and nearly 4 weeks after the fingerprinting notice, we got the notice for the interview.

How long does it take after the interview for the 1-485 to be approved? It has been over 2 weeks and we haven't heard from INS. So, my husband had to apply for his 4th EAD renewal as we had approached the 90 days in advance deadline. I understand there are no refunds.

Has anyone else experienced this with the Charleston, SC service center??

Thanks in advance to all of those who respond.

Our timeline:

RD 08/28/01
EAD #1 October 2001
Advance Parole #1 Oct 2001
Fingerprinting 5/13/04
1-485 Interview 6/28/04
No Stamp

2 Advance paroles
3 EADs, currently processing 4th EAD for October 2004

 

[LucyMO]

since your husband got here as an exchange student on J-1 I suspect that he might have received U.S. government financing and as a result, he may have been a subject to home residency requirement, which he has to fulfil or get a waiver before he can even apply for AOS.

if he has been a subject to 212(e), didn't fulfil it or didn't get a waiver, and lied on his I-485 application stating that he was never a subject = and it was discovered - there may be problems for him in the future.

Other than that - lots of people write about lengthy AOS process and not getting a stamp at the interview.

 

[Kiska]

No residency requirement

Thanks for the reply!

Lucy, I know of the residency requirement you wrote about. My husband was never subject to it. While on J-1 visa, he made 2 trips back home and came back to the US with no problem.

Again, he was given an H-1 visa after his J-1, and was not subject to the requirement.

In graduate school, I had several friends from the Soviet Union who had to return home for 2 years before they could come back to the US and work on H-1. I was always grateful that my husband (boyfriend at time) didn't have to that. Several did not want to go back for fear of being drafted for the army.

I knew one guy who got a girl pregnant and married her while on his J-1 so he could file for economic hardship and get a waiver for the 2 year requirment and avoid military duty. This couple applied around the time we did and hasn't received their green card either.

Thanks again

 

[LucyMO]

Thanks for the reply!

Lucy, I know of the residency requirement you wrote about. My husband was never subject to it. While on J-1 visa, he made 2 trips back home and came back to the US with no problem.

Again, he was given an H-1 visa after his J-1, and was not subject to the requirement.

Well, if he had a multiple entry J1 visa, why would he have a problem coming back???? HRR doesn't prevent you from coming back on a non-immigrant visa. It prevents you from immigrating or coming back on h1 or l1 visa. Some people circumvent the law and still get H1 visas (whether it's an oversight by the consular officer or a lie on the application), only to be stopped at the AOS interview (happened to my acquaintance) and get deported.

Now, if he had government financing -- he is a subject to HRR, sorry to tell you that. And 10 years ago pretty much all of the exchange students got here through Freedom Support acts scholarships and similar funds from USIA, USAID, etc. I am one of them. It's the govt financing which makes a J1 student a subject to 212(E) or the skills list. Sorry. I do hope he didn't get any financing. for example, exchange students on Work and Travel program don't get any, and they are not a subject.

Good luck! Lucy