Got married after I did FP's. Will that affect processing ?

P

pleasehelp1

Registered Users (C)
I have I-485 pending in TSC. I got married after i did FP. My attorney told me that i will likely have an interview because INS gets suspicious when people get married at the final stages of AOS.


1) Does anybody know if marriage can slow down the adjudication of my I-485 or affect it in any way ? If i am not mistaken, TSC will just send me a plastic card after approving my I-485. I also know that they might transfer my case to a local INS center if something is not right (RFE). But is marriage going to increase the chances ?

2) Does anybody know if INS will wait for my wife to do FP's and then call us for an interview and adjudicate, or they will adjudicate them independently ?

The reason I am asking this is that if marriage is likely to slow down processing of my I-485, I would rather do follow-to join for my wife, because it can even be faster given the speed of TSC. We are from Yugoslavia and consulate works pretty fast there due to a very few applications. My wife and I are confortable with her being out of the country for a while. Also, i wouldn't like to go for AOS interview because my company moved me outside of TSC jurisdiction, i didn't change my address (so i wouldn't have to transfer my file and further delay processing), and let my roomates check my mail.

Can someone help.
 
No marriage will not slow down adjudication. Local transfers are mostly random or caused by an employment RFE. I dont know where your lawyer got the statistic from. It is just a opinion like many other floating around...
It is a pity people arrange their lives around BCIS and give GC more importance than married life.

You can still make her join with your I485 and do FP for her before your I485 is approved. Dont you know the typical processing time has grown to 999 days for I485- your country does not matter.
In fact if you think CP is faster, maybe you should convert your case to CP. Along with your wife's. Does your knowledgeable lawyer know how to do AC140?
 
thanks Jaxen

Jaxen,

thanks very much for your reply..

however, i am still not clear on the second option you suggested....You say that if I think CP is faster, I should convert my case to CP, along with my wife's (AC140?). But why should I convert my case as well, since i think my I-485 is close to being approved. My point was that my I485 is close to being approved and my wife's is not even filed yet. The intent of doing of follow-to-join for my wife is not to increase chances of AOS interview for me, and not to increase processing time for my I-485. Remember that I am not under TSC jurisdiction any more, and I don't want to advertise it. If her I-485 is not going to increase chances of AOS interview for me and longer processing time for my I-485, then i will file I-485.

Now, If i file I-485 for my wife now, are we going to be approved together, or me first and then her etc. The reason I am asking is that I waited 14 months for FP's. If she has to wait that long, I will be approved by then etc. Is it possibel that BCIS will wait to collect her FP's and then adjudicate both mine and hers ?


I definitelly agree with you when you say that it is a pity people arrange their lives around BCIS and give GC more importance than married life and careers. But do we have much choice ? For example, I wanted to change my job after 12 months of LC filing. I didn't for GC reasons. I also didn't want to live in the places I had to live in order to stay with the same company. During the process i was promoted a few times and got to the decent position, but not in the field I want and not in the city i wanted to live had i had a chance to make my own choices. Is that not called BCIS is controlling and playing with our lives, by failing to adjudicate our petitioins as promissed initially? What do you think whal the feedback would be if i just asked this forum a simple question: do you people live the live you would like to have while in LC process ? The direct reason for that is process taking 5 years instead 1 or 2 in which case it makes sence. In this way, the intent of the LC law has become absurd. I mean if LC is intended for a furure job, which company will want to sponsor someone in order to hire him in 5 years. I guess, we all know how it affects all of us on a daily basis.


Jaxen, I would very much appreciate if you just could clearify the issues mantioned at the beggining.

Thank you very much.
 
Well unless you post your ND/RD details I cannot comment further on whether CP will be faster. I have known some users in this forum who switched to CP after a year of waiting and have got the green card.

No, adding your spouse to I485 will not delay the process. There have been cases where the dependent's GC was delayed. I am sure that they definitely will not delay the primary applicant's GC to be on hold for the dependent to catch up. In many cases, they even speed up things for the added dependant .

But if your fear is local transfer , I do not have enough experience or exposure to alleviate your fear(link between marrying after FP and local transfer trigger). Sorry.
 
Oe more question Jaxen

Since I already did FP's, is that mean that they will not transfer my file to the local office ? (assuming i decice to do follow-to-join for my wife)

Also is that mean that they won't be sending me any RFE's or they can transfer my file/ask for RFE at any time until the end of the process ?

Thanks one more time.
 
There is no co-relation between FP and RFE. FP is just another document needed before your GC approval. RFE will be generated only when an officer looks at your file. If FP has expired (15 months) or has not been done, FP will be ordered for the candidate.
 
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