Marriage to USC, Interview questions

vaca100

Registered Users (C)
I came to the US on a student visa and graduated in 2006. I got married to my USC boyfriend (now husband) of 4 years earlier this month. After graduation I started to work on the west coast, my husband is on the east coast because he is finishing grad school (but he also works full time) and will be done in Dec.2007 or May 2008 after which he will move to west coast.

We both have very good jobs, our backgrounds are spotless.

USCIS received my AOS application yesterday and hopefully will receive a receipt soon.
How long does it take to get the receipt after turning in the application? Will it be a problem that we are on 2 different coasts? We dated for nearly 4 years before marrying and we have plenty of proof to show for, but I am still worried USCIS will not like this. Is my worry valid?

We also hired a lawyer to do this AOS for us, and we worked very closely with the paralegal and the forms all look OK but I sometimes suspect that they may have purposely filled in something incorrectly to cause problems. Am I being negative or does this happen often?

I spoke to many lawyers who gave us free advice and everyone seemed to say that we will be fine, and someone also said that since we are of the same ethnicity, met in school, similar age, etc. we should be OK....but I am still very worried. :confused:

Sorry too many questions....I really appreciate your help! :)
 
your living situation is unique but explainable-as I have researched and read on posts-USCIS wants to see that your marriage is legitimate-so other things come into play as well-a big thing is financial mingling. for example, do you have joint bank accounts / credit cards? , both names on utility bills? , life insurance policies where spouse is beneficiary? is spouse on medical insurance? etc. did you guys live together during your dating?
 
Re:

catjupp thanks for the response!
The points you made about financial mingling is a good one. We have done some of the things you mentioned, but there is more we need to do too.

Any comments about the lawyers point I raised anyone?

Thanks!
 
LUD 1/10/07 got an RFE

Sorry I am still getting familiar with the terminologies..

what does

LUD 1/10/07 got an RFE
Received RFE letter 1/12/07

mean?:confused:
 
LUD=last updated date (when you check your case status on-line with USCIS they show last updated dates on your file.
rfe=request for evidence-sometimes USCIS will ask you for more info re your file
I know its hard to not worry about your case-the interview will be months down the road-as long as your relationship is real, then there is nothing to hide. I am assuming you have just submitted your file, right?
 
question on H1 and EAD card

Thanks again, catjupp.

Yea, the NSC office received my application packet on Friday 3/16 according to the FedEx shipment notice. So can I expect to receive my receipt around end of this month? I am expecting to receive my EAD card around end of June...reasonable expectation?

Also, the EAD card that I received after graduation (on my student visa) will expire in 4 months. My company had said they will sponsor my H1 under premium processing, but now they don't want to to apply premium, just regular. I told my manager about this (HR does not exactly keep him in the loop) and he is going to talk to his boss about my situation.

Does it make sense for them to apply for H1 under non-premium processing given how fast H1s get filled? I have a bachelors degree so I don't qualify for any other H1 quota other than the regular 65k.
 
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EAD processing timeline takes about 75-90 days-so best case EAD approved end of May 2.5 months to a possible end of June, which is when your current EAD will expire-so you might make it. since you are adjusting your status based on marriage to a US citizen you don't qualify for H1B (you are applying to become an immigrant). the worst that may happen is you wont be able to work until your new EAD is approved-which by the sounds of it you might just make it! I was on H1B and my H1B actually expired the day my EAD was approved! your EAD is your work permit while you are waiting for your green card processing to complete and the card is good for 1 year just in case your green card processing takes longer. soon you will receive your NOAs (notice of action)-on this will be your receipt date for processing. shortly after that you will receive a notice to have your biometrics taken at a local office-you have to do this for the EAD-after that you wait for EAD and interview notice. once you receive your NOA you can sign up for on-line / email updates about your case. let m eknow if you have any more questions. do you know what your local office is?
 
catjupp,

Thanks so much for your response and help.
Are you saying that the company should not file for H1 at all? If you are sure that there will be a conflict I will talk to my manager and tell them to not sponsor my H1. Do you suggest I tell them to not sponsor my H1 at all?

Do you think my lawyers may have filed everything correctly (even though my husband and I were very thorough)...i.e. is it common for these lawyers to purposely make mistakes?

My local office is San Jose. Thanks again!
 
I can't say for sure that the lawyers didn't mess up-did you use an immigration lawyer? then most likely not-even people who used lawyers still were asked for more info for their case. I will ask a few people about this H1B stuff-you don't need a company to sponsor your employment if you have an EAD-the H1B will probably take just as long as the EAD and you said you wouldn't qualify. once you have an EAD-the H1B is a moot point.
 
Yea I used an immigration lawyer.

That was my point exactly to the HR...that they don't need to sponsor my H1 since I will get my EAD card in the next few months and even if they did sponsor H1 not like it is of any use until October (by when I will *surely* have my EAD card).

I am convinced the HR is just playing games, creating hooks and hurdles in case I decide to leave (I have no intentions to)...i.e. ask me to pay back lawyer's consultation fees, etc. :mad:

Also, in case the USCIS does ask for more info. before I get my EAD card, will take 90 days since they receive that additional information to get my EAD card? I think this question has been asked on this forum before but I cannot conclude what exactly happens.

Thanks again! :)
 
as you can see I had to send i more info and I got my EAD in 75 days! but some can take 90! remember that EAD means you can work for whomever-I would just wait for that.
 
75 days despite RFE...that's good to hear!!
Meanwhile, I am going to be wasting my time fighting the don't-file-H1-B battle against the HR. Good luck to me.

Thanks for all your help catjupp! I guess at this point all I can do is sit tight and hope everything goes as best as it can.

Please keep us posted with the developments in your case and share your experiences. Good luck!! :)
 
75 days despite RFE...that's good to hear!!
Meanwhile, I am going to be wasting my time fighting the don't-file-H1-B battle against the HR. Good luck to me.

Thanks for all your help catjupp! I guess at this point all I can do is sit tight and hope everything goes as best as it can.

Please keep us posted with the developments in your case and share your experiences. Good luck!! :)

You think 75 days is good for a EAD Vaca100? Here is my timeline! I also had a RFE, 96 days in all for GC!

Married to US Citizen November 11, 2006.
Re-date for I-485, I-130, I-765, 12-11-06
NOA- I-485, I-130, I-765- 12-14
RFE I-485- 12-26
Biometrics(code 3)- done 01-29-07
RFE Received- 02-07-07
LUD I-765 - 02-23-07
Lud I-765 - 02-27-06 APPROVED!
ND- Interview(Tampa), 02-16-07
Interview Date - 03-20-07
LUD- I-485, I-130, 03-01-07
Interview- 03-20-07-APPROVED!!!

LUD- I-485-On March 20, 2007, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service.

LUD- I-130-On March 20, 2007, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
 
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96 days for the whole thing is incredible, no doubt! That’s really good to hear.
BTW, how long did it take for you to get your receipt? 1 month?
They received my stuff a week ago, no receipt yet. :confused:

I am just pessimistic like that, and have no hopes that my case will be resolved that soon. That despite the fact that my record and that of my USC spouse’s are spotless. USCIS may not like to see how squeaky clean the whole thing is, and will decide to take longer for our case. Ha, am pessimistic, told you! :rolleyes:
 
No wait, looks like you got you receipt in 3-4 days. Nice.
I won't be surprised if I don't get mine until 2 weeks after turning in the whole thing.
 
Sounds good.

Did you use an immigration lawyer, btw? Just curious.

With my situation, oh yeah. The lawyer cost about $2800, but was well worth it. See at the interview the officer knows he cant get out of line with the lawyer sitting right beside you. I would suggest one.
 
New Email!

Current Status: Card production ordered.

On March 23, 2007, we ordered production of your new card. Please allow
30 days for your card to be mailed to you. If we need something from
you we will contact you. If you move before you receive the card, call
customer service. You can also receive automatic e-mail updates as we
process your case. Just follow the link below to register.

If you have questions or concerns about your application or the case
status results listed above, or if you have not received a decision from
USCIS within the current processing time listed*, please contact USCIS
Customer Service at (800) 375-5283.
 
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