I-485 Interview Tomorrow

TheGonz

Registered Users (C)
Got a question or two. . .or 5. . .I don't know how many, I'll just ask the questions as they come to me. :) I'll give the whole saga to this point. . .

My wife came to the United States from Australia on the Visa Waiver Program in December of 2001. We had known each other prior to this, but we were going to see if we thought marriage would work out for the two of us. She had her return ticket back to Australia ready to go and everything if it didn't. In late February, we made our appointment with the local Justice of the Peace, and on 1 March 2002, we were married. (I'm a U.S. Citizen, born and raised in America, for the record.)

Literally an hour after we were married, we sent Forms I-130 and I-485 to the Mesquite, TX service center. All we were waiting for was the marriage certificate, so after we got that, we sent everything off. The I-485 was subsequently returned because we were told they couldn't be filed concurrently (something which was apparently changed in the interim). My wife stayed with me here in the States the entire time. . .hasn't left the country to go anywhere else in the entire 3+ years we've been married. Every time we've moved in the interim (and I'm Active Duty military, so we've moved twice since we've been married. . .from Alabama to Mississippi and from Mississippi to Washington State), we've informed the INS/BCIS/USCIS of our new address, she's been receiving all correspondence at that address with no problems, etc. Neither of us has done anything illegal since the petition was filed (or before that, for that matter. :) )

As soon as we got notice that our I-130 had been approved, we immediately filed the I-485 with the office in Nebraska, and eventually requested that it be transferred to the closest office, which is the one up in Seattle. Now, we have our interview tomorrow, and I'm not worried about it, really. . .just nervous. (I hate interviews of any sort.) So, my questions are. . .

1) Will the time my wife overstayed between the filing of the I-130 and the subsequent I-130 approval/I-485 filing be held against us? Remember, she's remained in the U.S. the entire time. . .hasn't left the States at all. From what I've read on here, if you don't leave the country, you should be alright.

2) What all should we bring for this? I'm trying to remember what the letter we received asked for. So far, we're bringing our checkbook (has both our names on it), marriage license, a copy of our lease, a checking account statement, my military ID, my wife's military dependent ID. . .anything else that anyone would advise bringing?

3) Assuming that she gets approved (and from what I've come to understand and what I've read on here, there's no reason that she shouldn't), will she get a temporary card of some sort? If she does, will that temp card allow her to work if she wants to?

Phew. . .think that's everything. Thanks to everyone for their time and their responses. Both are greatly appreciated.
 
wow . they were wrong ...

My friend , since you are a USC you should have sent the whole package in 2002 for your wife with the i-485 ,i-765 etc... They made a mistake by sending you back the i-485 because has a USC filling for your wife she is allowed to stay and adjust status in the country she should not loose the status that she had in 2002 because that was an USCIS mistake her status would have been change instead to the one of a pending I-485 . But anyways you have your apointement and do not fear anything she is allowed to receive the green card in the USA .



best regards ,
 
I was in *almost* the same situation:
Wife's a USC, I came from france on the visa waiver program was in overstay for about 4 years. recently had an interview at the Jacksonville office for my I-485.
All they asked was: Bank statements, birth certificates (if you have children bring theirs too), marriage license, original tax returns for the past 3 years, letter of employer stating your pay, your job etc.
I was approved without a problem... (as long as you have her I-94 she's ok...)
Questions are stuff like:
-How long have you been married?
-Were any of you married before? (if yes, bring papers proving you were divorced before you married your spouse... any of you)
-Do you have any kids?
etc...
 
TheGonz said:
Got a question or two. . .or 5. . .I don't know how many, I'll just ask the questions as they come to me. :) I'll give the whole saga to this point. . .

My wife came to the United States from Australia on the Visa Waiver Program in December of 2001. We had known each other prior to this, but we were going to see if we thought marriage would work out for the two of us. She had her return ticket back to Australia ready to go and everything if it didn't. In late February, we made our appointment with the local Justice of the Peace, and on 1 March 2002, we were married. (I'm a U.S. Citizen, born and raised in America, for the record.)

Literally an hour after we were married, we sent Forms I-130 and I-485 to the Mesquite, TX service center. All we were waiting for was the marriage certificate, so after we got that, we sent everything off. The I-485 was subsequently returned because we were told they couldn't be filed concurrently (something which was apparently changed in the interim). My wife stayed with me here in the States the entire time. . .hasn't left the country to go anywhere else in the entire 3+ years we've been married. Every time we've moved in the interim (and I'm Active Duty military, so we've moved twice since we've been married. . .from Alabama to Mississippi and from Mississippi to Washington State), we've informed the INS/BCIS/USCIS of our new address, she's been receiving all correspondence at that address with no problems, etc. Neither of us has done anything illegal since the petition was filed (or before that, for that matter. :) )

As soon as we got notice that our I-130 had been approved, we immediately filed the I-485 with the office in Nebraska, and eventually requested that it be transferred to the closest office, which is the one up in Seattle. Now, we have our interview tomorrow, and I'm not worried about it, really. . .just nervous. (I hate interviews of any sort.) So, my questions are. . .

1) Will the time my wife overstayed between the filing of the I-130 and the subsequent I-130 approval/I-485 filing be held against us? Remember, she's remained in the U.S. the entire time. . .hasn't left the States at all. From what I've read on here, if you don't leave the country, you should be alright.

2) What all should we bring for this? I'm trying to remember what the letter we received asked for. So far, we're bringing our checkbook (has both our names on it), marriage license, a copy of our lease, a checking account statement, my military ID, my wife's military dependent ID. . .anything else that anyone would advise bringing?

3) Assuming that she gets approved (and from what I've come to understand and what I've read on here, there's no reason that she shouldn't), will she get a temporary card of some sort? If she does, will that temp card allow her to work if she wants to?

Phew. . .think that's everything. Thanks to everyone for their time and their responses. Both are greatly appreciated.

Take every thing that is common between you two. Take your service records if they are mentioning your wife name. Medical insurance, Lease agreements whatever common between you. Take some photographs.

Only question might be she entered on VWP. But in case of citizen that should not be problem. You did good job by not sending her out side US before getting into this stage. She should not out until she gets an approval.
 
Well, just got back from the interview, and I'm quite happy to report that everything went smoothly, and my wife is now a Conditional Permanent Resident of the United States of America. Woo-hoo! :D
 
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