Got interview Notice, but living in separate places

P

PriyaB

Registered Users (C)
Hi,

We have received our AoS interview notice for May 19th (we mailed our package on Feb 15th, ND - Feb 17th).

Following on from my previous post here:
http://boards.immigrationportal.com/showthread.php?t=207098

(I live in MA and my husband in CA)
Thanks a_usc, you had suggested that we start building our joint documentation.

We just filed our joint federal return and state return for CA (had to do a married filing separately for MA since Mass does not allow joint if both spouses are not resident here). We now have a joint account.

We were looking for apartments to move in the beginning of June (I was going to quit end of May, I had already terminated my lease here wef June 1st). But we are not sure we are going to have a lease in both our names since apartments seem to become available a month early.

I'm not sure at this point what kind of joint documentation we can provide since the interview is now in mid May (earlier than my move to CA)

I've made a preliminary list (in adition to the AoS package)
- Wedding invitation / pictures
- Federal and state returns (for 2005 as mentioned described above)
- Joint bank account
- Email correspondence (going back 2 years)
- Phone bills:
his mobile bill (with text messages mainly)
my landline (but the calls are not itemized, since I have a Verizon unlimited package - he texts, and I call !)
my calls to his parents (need to check if this bill is available itemized)
- Flight boarding passes (over the past year since I moved to the US)
- Affidavits - from parents, brother / sister, friends (?)
- pictures (not a whole lot of these - but collecting from brother / sister, friends etc)

Is this going to be sufficient? We were planning on the insurances after I moved to CA. Seems like we are in a spot now with this notice arriving early!

Appreciate any help / prior experiences / advice - thanks!

- PriyaB
 
a few more questions

Hi,

Just a few more questions in addition to my post above.

I am still waiting for the EAD - its been only 61 days into the 90 day period. The 90 days will be up on May 17th (ND - Feb 17th). But since I've now received the interview notice for May 19th, what should I do if I don't receive the EAD by then? Wait till the interview date and see how it goes? (Earlier I was planning to schedule an InfoPass)

Is it still worth getting the EAD? If things go well in the interview, I will still need it till the card arrives ?

What is my status if something goes wrong with the interview ? (I am nervous though my husband seems to be more assured about the process!)

I was planning to quit my job (L-1 visa) - should I do this before the interview or after?

Cheers,
Priya
 
PriyaB said:
Hi,

We have received our AoS interview notice for May 19th (we mailed our package on Feb 15th, ND - Feb 17th).

Following on from my previous post here:
http://boards.immigrationportal.com/showthread.php?t=207098

(I live in MA and my husband in CA)
Thanks a_usc, you had suggested that we start building our joint documentation.

We just filed our joint federal return and state return for CA (had to do a married filing separately for MA since Mass does not allow joint if both spouses are not resident here). We now have a joint account.

We were looking for apartments to move in the beginning of June (I was going to quit end of May, I had already terminated my lease here wef June 1st). But we are not sure we are going to have a lease in both our names since apartments seem to become available a month early.

I'm not sure at this point what kind of joint documentation we can provide since the interview is now in mid May (earlier than my move to CA)

I've made a preliminary list (in adition to the AoS package)
- Wedding invitation / pictures
- Federal and state returns (for 2005 as mentioned described above)
- Joint bank account
- Email correspondence (going back 2 years)
- Phone bills:
his mobile bill (with text messages mainly)
my landline (but the calls are not itemized, since I have a Verizon unlimited package - he texts, and I call !)
my calls to his parents (need to check if this bill is available itemized)
- Flight boarding passes (over the past year since I moved to the US)
- Affidavits - from parents, brother / sister, friends (?)
- pictures (not a whole lot of these - but collecting from brother / sister, friends etc)

Is this going to be sufficient? We were planning on the insurances after I moved to CA. Seems like we are in a spot now with this notice arriving early!

Appreciate any help / prior experiences / advice - thanks!

- PriyaB
Click to expand...
Dont forget tax transcripts from IRS. Carry originals of whatever documents you submitted with the application. Other than that your list seems okay, but i would recommend reading through interview experiences of other people and their preprations for the interview if you have not already done so. :) Good luck and dont worry, be prepared.
 
PriyaB said:
Hi,

Just a few more questions in addition to my post above.

I am still waiting for the EAD - its been only 61 days into the 90 day period. The 90 days will be up on May 17th (ND - Feb 17th). But since I've now received the interview notice for May 19th, what should I do if I don't receive the EAD by then? Wait till the interview date and see how it goes? (Earlier I was planning to schedule an InfoPass)
I would say you should schedule an infopass for May 17th and get your iEAD (just in case your GC is pending due to name check after the interview and you still have not received your EAD.) There are some chances that your EAD might be approved in the next one or two weeks, so hang on there

Is it still worth getting the EAD? If things go well in the interview, I will still need it till the card arrives ?
If you get approved during the interview, EAD/iEAD is no longer needed. Also, ask for the I-551 stamp so you can work with that while you wait for your GC to arrive in mail.

What is my status if something goes wrong with the interview ? (I am nervous though my husband seems to be more assured about the process!)
You will still be in pending AOS status till the GC is approved. You can use your EAD/iEAD to work.

I was planning to quit my job (L-1 visa) - should I do this before the interview or after?
Thats something you have to decide after you weigh the pros and cons according to your situation. By May 19th, you will either have an EAD/iEAD or you will have your GC approved, so i dont see why you shouldnt quit your job as planned. But thats solely your decision.

Cheers,
Priya
Click to expand...
 
ari4u said:
Dont forget tax transcripts from IRS. Carry originals of whatever documents you submitted with the application. Other than that your list seems okay, but i would recommend reading through interview experiences of other people and their preprations for the interview if you have not already done so. :) Good luck and dont worry, be prepared.
Click to expand...

Hi ari,

Thank you as always!

I made a photocopy of the AoS package that we sent - that should be sufficient? Or should we get fresh transcripts from the IRS again? For this year's (2005) returns, we should be able to print it off TurboTax I think.

Yes - I have been reading your thread on interview experiences - I guess I will go through it more keenly and outline other types of documents that people have carried to the interview.

My concern arises because of the need for the officer to verify "cohabitation" (I read it in the field manual that was posted in another thread on here). Of course, when we have visited each other, we have stayed together.

In any case, I'll see how much reasonable documentation we can get together.

Thanks for your reassurance :)
Priya
 
ari4u said:
I am still waiting for the EAD - its been only 61 days into the 90 day period. The 90 days will be up on May 17th (ND - Feb 17th). But since I've now received the interview notice for May 19th, what should I do if I don't receive the EAD by then? Wait till the interview date and see how it goes? (Earlier I was planning to schedule an InfoPass)

I would say you should schedule an infopass for May 17th and get your iEAD (just in case your GC is pending due to name check after the interview and you still have not received your EAD.) There are some chances that your EAD might be approved in the next one or two weeks, so hang on there


Is it still worth getting the EAD? If things go well in the interview, I will still need it till the card arrives ?
If you get approved during the interview, EAD/iEAD is no longer needed. Also, ask for the I-551 stamp so you can work with that while you wait for your GC to arrive in mail.

So, if I understand this right, if the AoS is approved during the interview, they stamp I551 and the EAD is not required. If it is pending due to some other reason, then the EAD / iEAD will be required. It should be possible to schedule an Infopass after the interview if required to get the iEAD? But I guess it will take time to look for available dates etc - could save some time if I did it earlier ... ​

What is my status if something goes wrong with the interview ? (I am nervous though my husband seems to be more assured about the process!)
You will still be in pending AOS status till the GC is approved. You can use your EAD/iEAD to work.
I mean due to some reason the AoS is denied, it won't be in pending status anymore? And I won't be able to use the EAD either? I do hope I won't be in this situation but I want to know what the process is realistically speaking.

I was planning to quit my job (L-1 visa) - should I do this before the interview or after?
Thats something you have to decide after you weigh the pros and cons according to your situation. By May 19th, you will either have an EAD/iEAD or you will have your GC approved, so i dont see why you shouldnt quit your job as planned. But thats solely your decision.
This is what I've been thinking - to quit since I am planning to move anyway. The only case is if in the scenario above (Aos is denied), would having the L-1 status help in any way? That is, I would still be able to work on the L-1, and maybe my husband would have to move here with me. Or am I completely out of status (both the AoS and the L-1)?

I hope my questions are not completely random! I just want to be aware of where we will stand either way. We are not using an attorney and doing it ourselves like so many other people on this board - that I am just worried we should do things according to the rules, and come out of this alright at the end.

Thanks for all your help! ​
Click to expand...
 
PriyaB said:
So, if I understand this right, if the AoS is approved during the interview, they stamp I551 and the EAD is not required. If it is pending due to some other reason, then the EAD / iEAD will be required. It should be possible to schedule an Infopass after the interview if required to get the iEAD? But I guess it will take time to look for available dates etc - could save some time if I did it earlier ...
Click to expand...
Yes, if your GC is approved, you dont need the EAD anymore. Like you said, you can save some time by getting the iEAD.


PriyaB said:
I mean due to some reason the AoS is denied, it won't be in pending status anymore? And I won't be able to use the EAD either? I do hope I won't be in this situation but I want to know what the process is realistically speaking.
Click to expand...
If your GC is pending, you will still be in pending AOS status till a decision is made. When the decision is made (either approved or denied) you will cease to be in the pending AOS status.



PriyaB said:
This is what I've been thinking - to quit since I am planning to move anyway. The only case is if in the scenario above (Aos is denied), would having the L-1 status help in any way? That is, I would still be able to work on the L-1, and maybe my husband would have to move here with me. Or am I completely out of status (both the AoS and the L-1)?

I hope my questions are not completely random! I just want to be aware of where we will stand either way. We are not using an attorney and doing it ourselves like so many other people on this board - that I am just worried we should do things according to the rules, and come out of this alright at the end.

Thanks for all your help!
Click to expand...
Thats a valid argument, "If AOS is denied, you wont have an EAD and you might want to save your L1". Realistically speaking, USCIS would give you a reason for denying your case and a chance for you to respond or appeal. Like i said, if you did whatever was asked for, and your marriage was bonafide, there is a very very small chance of your case being denied. If there is something USCIS needs, they send an RFE. If you fail to respond, your case will be considered abandoned.
 
1. The most common reason for AoS not getting approved on the day of the interview is the FBI namecheck pending. And if that happens, yes, you'd be better off having an EAD. And obviously if you get the AoS approved, you will obviously not need the EAD - so its your call.

2. God forbid, should your AoS application get denied, you'd still continue to have your L1 status, for as long as the visa is valid - provided, you didn't use your EAD, even if you got it before the interview.

HTH, USC
 
Thanks Ari. I think I am getting some clarity now.

- I will make an InfoPass appointment for the iEAD - maybe I'll wait for a week or so to see if the real EAD is approved before doing this.

- I need to decide when to let my company know about my leaving.

- Try to get all the relevant documents for the interview.

And hope things go fine.

Also, is there a rough format as to what should go on an affidavit from family or friends? Does it have to be notarized in any way, or a less formal letter would do?

Thanks!
- Priya
 
Whoa Ari! I started posting a reply but got caught up with Nancy Grace :p. As always your post already answered all the questions in detail... so mine is kinda redundant, but heck, I'm gonna leave it as it is. :cool:
 
a_usc said:
1. The most common reason for AoS not getting approved on the day of the interview is the FBI namecheck pending. And if that happens, yes, you'd be better off having an EAD. And obviously if you get the AoS approved, you will obviously not need the EAD - so its your call.

2. God forbid, should your AoS application get denied, you'd still continue to have your L1 status, for as long as the visa is valid - provided, you didn't use your EAD, even if you got it before the interview.

HTH, USC
Click to expand...

Hi a_usc,

Thanks for putting that in a few short sentences (it is more precise than my long winded ones!).

If they just need more documentation (RFEs as Ari mentioned), we could always do that. I hope 2) will not happen - we don't see any reason it should (except my paranoia!) I have had a few different visas before - F-1, H-1, B-2 while I was living in UK, and now L-1 - and I have been in status on all of them. I guess I will take records of all these too just in case. So, fingers crossed - things go fine.

Thanks for everything - will continue to read here to prepare ourselves.

cheers,
Priya
 
130 approval ?

Hi a_usc,

I just noticed in your signature that you received an I130 approval?

Is this normal? We haven't received anything about the I130 besides the initial Notice of Action. Should I be concerned about this ?

- Priya
 
Yes, its absolutely normal (approval of I-130 before even getting an interview letter) and has been happening for a lot of people of late. However, even if your's is not approved yet, you don't have anything to worry about. In the past the normal practice was to approve I-130 after the interview, along with the approval of I-485... the trend has started to change only recently. Another likely reason for the approval of my I-130 is that I filed it in Nov whereas my husband filed I-485 in Mar (a few various reasons outside the scope of this dicussion for not filing them together).

I-130 is a petition for getting a visa number... since a visa number is always available for the spouse of a USC, you don't have to worry about it. Good luck with your interview.. I think you're pretty well prepared for it as far as documents are concerned. :)

USC
 
Hi a_usc,

Thanks for the explanation. I just wasn't sure if we are meant to be receiving an actual I130 approval notice before the interview.

Yep - will start putting together all the documents :)

Good luck to you too!

Cheers!
-Priya
 
Don't worry, I did not live with my husband too. There is nothing wrong with that. Imagine a young couple, making little money, trying to open a business, and they live on one big, rented room, which they pay for in cash.

Remember there is alway a resonable answer to any question they amy have.
And lol , of course, you better get your EAD renewed. Nothing matter untill you have a stamp or plastic in your hands.
Interview is a piece of cake, but what happens after can be hard. So remember, if you are waiting to long, stop waiting and always take action. People who listen to they lawyers and wait, may wait for years.

Good Luck
 
Hi anigma27,

You are right about people living in different places due to work, study etc. Which is also the reason I have been in a different place - due to the L visa status. Lets hope they understand the situation.

And I'll be sure to keep tabs on this and check with the DO etc if this goes into the FBI / name check process! Thanks!

- PriyaB
 
Dear Priya,

I will cross my fingers for you! How long you have been married? I have a bad experience living apart, one of my friend did not get approval since the husband lived in NY and the wife is in Miami even they had evidence for everything. But the officer was very jung and was affraid to approve it. I would take an attorney with me just in case.
 
Pillango said:
Dear Priya,

I will cross my fingers for you! How long you have been married? I have a bad experience living apart, one of my friend did not get approval since the husband lived in NY and the wife is in Miami even they had evidence for everything. But the officer was very jung and was affraid to approve it. I would take an attorney with me just in case.
Click to expand...

Hi Pillango,

Do you know what exactly happened? Do you have any more details on what documents they had with them for the interview, what they were asked, and the results?

We have been married since Aug '05.

Thanks!
Priya
 
The girl is from Switzerland who lives here for 9 years with an L1 visa, wghich was going to be expired. The husband is US born citizen and they started to date 4 years ego. Since the Husband has a very old Mother in NY and bussiness he went back and forth, the girl has joint business w him in Miami. They went to the interview and the officer asked for their DL. It was different, since the husband's issued in NY, hers in FL. They had an attorney with them who tried to explain the situation. They had joint checking account, family-plan T-Mobile phone, pictures, previous e-mails about their dating period etc. The officer told them, sorry, she can not approve them with different address'. He tried to explain but she didn't care. Because they called them only in 6 months they had no joint TAX return neither lease, because the girl owns her apartment as the guy his house in NY. It happened a year ego and NO answer, but they don;'t push it either. Unfortunately she died a month ego in a plane accident. Very sad story.
My question: how they would know you don't live in CA? Just make a Driver License there. Your employment status is not important anyway, since you are not eligible to work....yet. I wouldn't rush to share with them my separate life.
 
Pillango said:
The girl is from Switzerland who lives here for 9 years with an L1 visa, wghich was going to be expired. The husband is US born citizen and they started to date 4 years ego. Since the Husband has a very old Mother in NY and bussiness he went back and forth, the girl has joint business w him in Miami. They went to the interview and the officer asked for their DL. It was different, since the husband's issued in NY, hers in FL. They had an attorney with them who tried to explain the situation. They had joint checking account, family-plan T-Mobile phone, pictures, previous e-mails about their dating period etc. The officer told them, sorry, she can not approve them with different address'. He tried to explain but she didn't care. Because they called them only in 6 months they had no joint TAX return neither lease, because the girl owns her apartment as the guy his house in NY. It happened a year ego and NO answer, but they don;'t push it either. Unfortunately she died a month ego in a plane accident. Very sad story.
My question: how they would know you don't live in CA? Just make a Driver License there. Your employment status is not important anyway, since you are not eligible to work....yet. I wouldn't rush to share with them my separate life.
Click to expand...

Hi Pillango,

I am sorry to hear she passed away ...

Actually, I am employed legally on an L-1 status. Also, we have disclosed on our petition about where we live and work - we could not have been economical there with the truth since all this information is required in the G-325A biographic form. So, I guess we will have to hope that they understand our situation. The most we can do is be honest and and go prepared with genuine documents. And answer whatever questions they may have for us.

Thank you for sharing your friend's experience - will remember to be prepared.

Cheers,
Priya
 
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