Question About Interviews

[bdatta]

Since most of the participants here seem to have filed AOS based on marriage to USC, I couldn't find my anwers in other threads and hence opening a new thread.

My wife has filed AOS based on marriage to a LPR (myself) --- are interviews mandatory in such cases also or is it only in case of marriage to USC.

Also, if interview does happen, does one have to carry all the extensive proof (photos, joint statements etc) in case of marriage to LPR to prove that marriage is bonafide --- because seriously, who would marry a LPR to get a green card (it's a never ending process)

I know most of you would not fall into this category, but was wondering if anyone had any insight or second hand knowledge.

Thanks in advance

 

[Al Southner]

Your wife is ineligible for time-being...

Since most of the participants here seem to have filed AOS based on marriage to USC, I couldn't find my anwers in other threads and hence opening a new thread.

My wife has filed AOS based on marriage to a LPR (myself) --- are interviews mandatory in such cases also or is it only in case of marriage to USC.

Also, if interview does happen, does one have to carry all the extensive proof (photos, joint statements etc) in case of marriage to LPR to prove that marriage is bonafide --- because seriously, who would marry a LPR to get a green card (it's a never ending process)

I know most of you would not fall into this category, but was wondering if anyone had any insight or second hand knowledge.

Thanks in advance

Mr. B,

First of all, you should have only filed for a I-130 because your wife is not yet eligible for a AOS, because you are a LPR, not a USC.

Only a US citizen can file for their immediate relative all the forms (130, 485, 765, 131), because they don't have to wait for a visa to become available. So, I suspect that USCIS will cash your money for the I-130 only, and probably refund you for the rest of the forms.

You will have to wait for a couple of years for USCIS to make a determination for visa availability for your spouse. When are eligible for US citizenship? All marriage based AOS requires interview, no matter how long they have been married. However, the length of the marriage is an advantage to you, because it proves to USCIS that you aren't married for "US paperwork", but it is a genuine marriage.

Good luck....

 

[bdatta]

Mr. B,

First of all, you should have only filed for a I-130 because your wife is not yet eligible for a AOS, because you are a LPR, not a USC.

Only a US citizen can file for their immediate relative all the forms (130, 485, 765, 131), because they don't have to wait for a visa to become available. So, I suspect that USCIS will cash your money for the I-130 only, and probably refund you for the rest of the forms.

You will have to wait for a couple of years for USCIS to make a determination for visa availability for your spouse. When are eligible for US citizenship? All marriage based AOS requires interview, no matter how long they have been married. However, the length of the marriage is an advantage to you, because it proves to USCIS that you aren't married for "US paperwork", but it is a genuine marriage.

Good luck....

Thanks for your reply Al Southner.

I had applied for I-130 five years ago (right after marriage) and it was approved in 2003. Her priority date of Nov 2002 finally got current in October 2007 and hence I was able to apply for AOS for her along with EAD, AP etc.

I just wanted to find out if the interview process was relevant in case of marriage to LPR, because in trying to "beat" the system who would take such a long and arduous road, but from your reply it looks like interview is mandatory in all family based AOS cases.

Just wanted to avoid collecting mountains of evidence, paperwork and photos to prove that my 5 yr marriage with 2 kids is not a sham !!!