F-3 Category - Need Help !!

B

bobby_amy_usa

Registered Users (C)
Hello Everybody

My parents are USC and they applied I-130 for us in 2000 under F3 (married child of USC). After almost 8 long years the visa was approved in Nov 2007. Me and my wife are currently present in U.S. on F1/F2 (international student/dependent) status. So we filed for AOS I-485, I-765 in Nov.07. Biometric / Finger printing has been done and we recd. our EAD just few days ago. Just yesterday we recd. interview letter for next month. We are very confused at many points. Please advice/guide us. Following are some questions:

1) Is it normal to recv. interview call in such cases?

2) My interview time and my wife's interview time are 45 minutes apart. Why is it so? Why are we not called together?

3) Should we both carry our documents separately or should we make one common folder?

4) Is it a good idea to take petitioner (my parent) with us to the interview?

5) Since we have recd. EAD, and our I-130 is approved in F-3 (married child of USC)category, does that mean that our name check is clear? Or does name check has anything to do in our case?

6) What should we expect during interview? Any specific questions we should be prepared for?

We really appreciate for reading this question and will be very thankful for any help / advice / suggestions.

Thank You All


 
bobby_amy_usa said:
Is it normal to recv. interview call in such cases?
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Yes.

My interview time and my wife's interview time are 45 minutes apart. Why is it so? Why are we not called together?
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Do not worry; my wife and I had interviews 30 minutes apart but did it together.

Should we both carry our documents separately or should we make one common folder?
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I'd probably make a common folder, but have a duplicate copy of every document, just in case. It costs you 5 cents a copy, but allows you to be prepared.

Is it a good idea to take petitioner (my parent) with us to the interview?
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It can't hurt.

Since we have recd. EAD, and our I-130 is approved in F-3 (married child of USC)category, does that mean that our name check is clear? Or does name check has anything to do in our case?
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You're in good share if you have the interview and the I-130 approved.

What should we expect during interview? Any specific questions we should be prepared for?
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You should be fine. The only concern would be if you applied for the I-485 within 30-60 days after your last entry to the US.
 
Dear RealCanadian,

You Rock. Thanks a lot for an early reply. We are here in U.S. since last three years. You are a volunteer moderator, we urge you to encourage people in similar circumstances to post as much replies so as to prepare people like us more. I have not seen any other question like this anywhere in this forum. This thread may bring a lot of info to people in F-3 or related catagories.

Thanks again
 
Very Confusing

Hey Guys,

I was with a lawyer discussing about papers we should take to the interview and he said that F-3 (Married child of USC) category beneficiaries cannot adjust status here in U.S.A. They have to go back to the original port to avail immigrant visa.

Just to tell you all that this is an indian lawyer and some of my friends have consulted him in the past and through their reference we went to him. He was very confident when he said this to us. He even showed some case files similar to our case.

We are very confused and scared.

Please reply.
 
bobby_amy_usa, don't consult with this lawyer again. If you're already in the US when you apply for permanent residency, you apply through adjustment of status. If you're not in the US, you go through consular processing to obtain an immigrant visa to come to the US. The only potential issue I can think of in your case is, whether you disclosed your family relationship and pending immigrant petition when you applied for your F-1 visa (if you got the visa after your parents petitioned for you).
 
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bobby_amy_usa said:
I was with a lawyer discussing about papers we should take to the interview and he said that F-3 (Married child of USC) category beneficiaries cannot adjust status here in U.S.A. They have to go back to the original port to avail immigrant visa.
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What a moron. If you couldn't adjust status then USCIS wouldn't be scheduling an interview - they'd just deny your case. If you value your legal proceedings, I wouldn't talk to this so-called lawyer ever again.

He was very confident when he said this to us. He even showed some case files similar to our case.
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I can sound extremely confident telling you that 1=0, and even show you lots of supposed proofs that demonstrate this. It still doesn't make it right.

I cannot stress this strongly enough - this so-called attorney is dangerous.
 
TheRealCanadian said:
What a moron. If you couldn't adjust status then USCIS wouldn't be scheduling an interview - they'd just deny your case. If you value your legal proceedings, I wouldn't talk to this so-called lawyer ever again.



I can sound extremely confident telling you that 1=0, and even show you lots of supposed proofs that demonstrate this. It still doesn't make it right.

I cannot stress this strongly enough - this so-called attorney is dangerous.
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Agreed. :rolleyes:
 
If you are stil in legal status (and you indicated that you were), then you can adjust status without problems.

If your application for an non-immigrant visa came after your application for an immigrant visa, did you indicate that an immigrant petition has been filed for you when you applied for F-1?
 
Lots of thanks to austriacus, TheRealCanadian, PraetorianXI, LucyMO for replying. We really appreciate your reply.

On the concern of austriacus and LucyMo : we (me and my wife) came here as visitors (3 years ago) and then I changed to F1 and my wife became F2. I remember that on my F1 my parents provided the financial support. I do not remember if there was any such column asking about immigration petition. So what does it implies?

We once again thank all of you guys for replies.
 
bobby_amy_usa, the question whether an immigrant petition was filed for you would have been included in both your visitor visa and change of status application. The issue is that F-1 requires nonimmigrant intent, and if you have a pending immigrant petition, the presumption of immigrant intent is harder to overcome. If you answered "no" to the question if an immigrant petition is pending for you, it may be considered a misrepresentation of facts. You may want to check over the copies of your old applications just to be sure.
 
I can still produce an algebraic proof (albeit flawed) that proves 2=1 :)
Let a = b
a2 = ab
a2 - b2 = ab - b2
(a - b) (a + b) = b (a - b) *****FLAWED (since a - b is 0, both sides should be 0)*****
a + b = b
but a = b
2a = a
So 2 = 1

Wow....talk about misspent youth!!! :)

TheRealCanadian said:
I can sound extremely confident telling you that 1=0, and even show you lots of supposed proofs that demonstrate this.
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I wonder if someone could clarify the “intent” and “misrepresentation” comments …

We are Canadian citizens, my husband is currently on TN that started Jan 2008, we have a pending family based petition waiting for consular interview in Montreal (also F3 category, case was also completed Jan 2008). My children and I did not apply for TD, we entered as tourist and returning back to Toronto next week. We are hoping to join my husband permanently in March and apply for TD at that time. We will return to Montreal for the CP interview once it is scheduled.

Are we jeopardizing our case by my husband being here? When he applied for his TN, their only concern was his prior TN that ended in 2000, no question was asked about our petition (I am the primary on the petition).

We understand the intent nature of the TN, but all the communication from the petition indicated that it is not final and not make any plans, do not dispose property etc. It was good opportunity for my husband to turn down. :)

Anyway, I appreciate if you can comment if we misrepresented our case.
 
emce421 said:
Are we jeopardizing our case by my husband being here? When he applied for his TN, their only concern was his prior TN that ended in 2000, no question was asked about our petition (I am the primary on the petition).
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No. Since you are doing CP for your case, it is obvious that all of your entrances in B, TN or TD status will be temporary, since you need to leave the US for your consular interview before you return permanently. The only thing you need to be careful about is that if you are ever asked, you absolutely MUST disclose the immigrant petition, and tell USCIS/CBP that it's a consular case and your current stay in the US is temporary.
 
In addition, at least for now your husband can still easily show he maintains closer ties to another country (since you and your kids will be living in another country), as far as proving nonimmigrant intent is concerned. Of course, even when you and the kids move to the US, perhaps you'll still be able to prove closer ties to another country. Certainly the fact that you plan to return for CP is key.
 
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