Tampa Interview Wednesday - Questions (URGENT!!)

T

trnelson

Registered Users (C)
Tampa Interview Wednesday - UPDATED

Thanks for the help everyone, just found this forum today.

I had a nice big long post and then I got logged out somehow and couldn't get my entry back. So now I'm a little frustrated. Below is a summary of what (I think) I had written:

HISTORY:
- Fiancée filed I-129F for me (March 2002?)
- K1 entrance into U.S. from Canada (July 9, 2002)
- Filed Application for Adjustment of Status (Feb. 13, 2003) - a little late :(
- Have retained EAD and employment since March/April 2003

QUESTIONS:
- Did not file form I-130, does my wife need to come with me to the interview? (interview letter states she only needs to come if she "is petitioning for you on Form I-130" which we have never filed, she only ever petitioned for me on form I-129F).

- Affadavit of Support - We filed jointly this year and last year, however for the year prior we did not, and my wife's income (she is the sponsor) did not meet the requirements for poverty level (as she was a student at that time). Does the Affadavit of Support have to show that she met that income level for all three years, or just for the current year? Also, do I need to get W2 forms for her for all three years as we filed jointly?

- Is this a Green Card interview? Does my wife need to be there? I get nervous about these things, and I want to make sure I do everything right.

Thanks for your help, I can post more information if necessary.

Travis.
 
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application for adjustment of status is the green card interview

this is it

yes both of you need to show up

yes her having not enough income may be a bit of a problem

you should have filed jointly this year

still if you were working you can use your income combined with hers.
 
Did I miss something? =(

Thanks bb_5555 for your reply.

I really find this whole immigration thing to be so confusing, I never know when/if I have something right, I research a lot but it seems I've just gotten by with luck so far. :(

I am glad someone answered my post. Nowhere on the letter I received does it say that my spouse has to attend the interview with me (unless she filed form I-130, which she did not).

As for my post, hopefully I'm understanding correctly with what you posted. My wife's income is well over the poverty guideline level for 2004 and 2003, however for 2002 I believe she was under by just a bit.

Also I know I mentioned "filing jointly" a few times, by that I meant for taxes. I hope that's what you understood it as.

Now since both her and my income individually in 2002 did not meet the minimum poverty guideline level (if you add our income up for that year we will have met it), does that mean I'm going to have to have her mother file as a joint sponsor, even though my wife more than meets that guideline now? (and I do too).

Argh, I can't take it anymore! :(

Anyone have any suggestions?

Thanks in advance.
Travis.
 
trnelson said:
Did not file form I-130, does my wife need to come with me to the interview? (interview letter states she only needs to come if she "is petitioning for you on Form I-130" which we have never filed, she only ever petitioned for me on form I-129F).
Click to expand...

Since she never filed an I-130 on your behalf, I'm surprised they didn't deny your case outright. How can you get a green card if your wife never petitioned for an immigrant visa for you?
 
Filed I-129F to enter U.S.

FORM I-130:
A citizen or lawful permanent resident of the United States may file this form to establish the relationship to certain alien relatives who wish to immigrate to the United States. A separate form must be filed for each eligible relative.

FORM I-129F
This form is used to petition to bring your fiancé(e) and that person's children to the United States for marriage to you or to bring your spouse and that person's children (K-3 and K-4 visas, respectively) to the United States to complete processing for permanent resident status (under the LIFE Act and Amendments of 2000).

As far as I can tell from this, there was never any reason to file the I-130, as I entered under K-1 (I-129F) status and have since married and remain under that status - having filed for AOS - until my AOS is approved.

Any other suggestions?

Thanks,
Travis.
 
Travis,

First of all – congratulations, your journey to GC is almost over. :)
And yes – this is an “official Green Card interview” you’ll have on Wednesday.
Your wife must go with you, since she is your sponsor.
The immigration will use your wife’s most resend tax return to see if she makes enough to sponsor you. So you are OK. But do bring all her W-2 and Tax return copies for the last three years (even if your filed them already), also bring two most recent pay stubs and an employment letter from your wife’s work. Take one form your place of employment too – won’t hurt.
Good luck with the interview!
 
trnelson said:
As far as I can tell from this, there was never any reason to file the I-130, as I entered under K-1 (I-129F) status and have since married and remain under that status - having filed for AOS - until my AOS is approved.
Click to expand...

You don't get it. The I-129F allows you to get a K-1 visa, which lets you enter the US and get married within 90 days. That's all a K-1 lets you do. It doesn't let you live here permanently/get a Green Card, since that requires an immigrant visa petition.

You cannot file an AOS based on a K-1; it must be supported by an underlying immigrant visa petition - an I-130, I-140 or I-360.

Thousands of alien fiances enter the US every year on K-1 visas; they get married, and then their spouse files an I-130/485 on their behalf. If the I-130 wasn't needed, thousands of them wouldn't get filed every year.
 
Not what I'm reading

Dude I'm sorry but this is what I'm reading from the USCIS website, and have been told by immigration officers, and the USCIS hotline. I don't know what else to tell ya:

http://uscis.gov/graphics/howdoi/lpreligibility.htm

How Do I Change My Fiance(e)’s Status to Lawful Permanent Resident?

You may be eligible to apply for adjustment to permanent resident status if you are already in the United States and if one or more of the following categories apply to you.

Fiance(e)

You were a fiancé who was admitted to the United States on a K-1 visa and then married the U.S. citizen who applied for the K-1 visa for you. (If you married the U.S. citizen but not within the 90-day time limit, your spouse also must now file USCIS Form I-130, Petition for Alien Relative ). Your unmarried, minor children are also eligible for adjustment of status. See How Do I Bring My Fiancé to the United States? for more information. If you did not marry the U.S. citizen who filed the K-1 petition in your behalf, or if you married another U.S. citizen or lawful permanent resident, you are not eligible to adjust status in the United States.

Thanks again everyone for your help,
Travis.
 
sounds as if you dont need the I-130 good going travis saved yourself $185 big ones


trnelson said:
You may be eligible to apply for adjustment to permanent resident status if you are already in the United States and if one or more of the following categories apply to you.

Fiance(e)

You were a fiancé who was admitted to the United States on a K-1 visa and then married the U.S. citizen who applied for the K-1 visa for you. (If you married the U.S. citizen but not within the 90-day time limit, your spouse also must now file USCIS Form I-130, Petition for Alien Relative ). Your unmarried, minor children are also eligible for adjustment of status. See How Do I Bring My Fiancé to the United States? for more information. If you did not marry the U.S. citizen who filed the K-1 petition in your behalf, or if you married another U.S. citizen or lawful permanent resident, you are not eligible to adjust status in the United States.
.
Click to expand...
 
New Dilemma

Argh, it's always something with me... :(

So my interview is scheduled for Wednesday morning (8:30AM in Tampa, a 2 hour drive north).

My medical test results are not going to be ready until 8:30AM in Fort Myers (1 hour drive south).

So I either have to:
A - Show up late for the interview WITH the test results
B - Show up on time for the interview WITHOUT the test results

I'm such an idiot, I never thought to book the exam at least 3-4 days in advance, I forgot that it takes 48 hours minimum to get the results and I had the exam on Monday morning.

I called USCIS and spoke with a lady, she said I would be better off showing up on time without the test results, and that they "should" let me resubmit them. Even if I have to spend all day on the road driving to Tampa, do the interview, drive to Fort Myers, get the results, and then drive back to Tampa with them.

Any suggestions? I've gotten this far and now my procrastination has gotten the better of me... :(

I'm so frustrated with myself. :mad: :mad: :mad:
 
Thanks!

Thanks gatorlink,
That's kinda my plan (so far) until I come up with a better one! :rolleyes:

Does anyone know if this small-but-not-so-small matter is going to end up messing up the whole process? My wife loves me, but I think she'll strangle me if I mess this up! :eek:

Anyone been through this?
Sorry I ask so many questions, I love this forum though, what a great place to share stories and get information!

Thanks,
Travis
 
An Update / Horror Story

Hey all,
Just thought I'd post an update:

- Went to the interview with my wife, everything went perfectly, I had everything ready, everything was perfect ... UNTIL he asks me "do you have a copy of your actual marriage certificate?". I told him I did and pointed out that he already had one. Then he points out to me that it's a pre-marriage copy (hasn't yet been signed by the pastor, or the witnesses). So, that sucked.

Long story short, the case was approved provided I resubmit a certified copy of marriage certificate within 12 weeks (it's already in the mail). They have this document that they gave me for resubmitting missing documents - I'm not sure if they do this for everyone, but just so you all know, they did for me. ;)

- Didn't need to resubmit my new medical report ($175 down the drain :mad: )
- Didn't need to resubmit my new Affadavit of Support (just the copied tax returns and W2s)

In other news, my driver's license expires this Sunday, so I went down to the bureau to renew it, and after waiting for about an hour I finally get in to see someone. The lady behind the desk asks me to show her some ID, so I showed her my driver's license and my passport/K-1 Visa. Then she goes on to tell me that my VISA is expired (which of course it is, it only lasted for 3 months - I'm here legally pending approval of my GC.) So then I show her my work authorization card which expired like one week ago (I knew it was expiring SOON; I didn't realize it already HAD). So, end result was that I did not get my license renewed, even though it expires this weekend and I work an hour away from home. The lady at the bureau was kind enough to give me a 30-day permit though, so I have one month to figure this whole mess out.

Just thought I'd share my story with you, yesterday was quite a stressful day AFTER THE INTERVIEW. :D
 
Travis, I’m glad to hear your interview went good. You got approved! :)
Give them two-three weeks to respond and if they don’t – make an infopass appointment yourself for a passport stamping.
That stamp will be your temporary GC until the actual card arrives in a mail.
With that stamp in your passport you can go and apply for a new driver's license.

Travis, I am waiting for an interview in Tampa DO as well :) and I have some questions,
if you don’t mind answering:
>Was the office overcrowded with “walk-ins”, or everybody was seen by appointment only?
>Did they see you on time, or you had to wait?
>Was the officer nice or grouchy?
>How long did the interview last? (15 min? 30-45 min? hour or more?)
>Did it feel like interrogations? conversation? or business meeting?
>Any trick questions?
>Anything else you might want to share or think it’s important?
Thank you,

JG
 
Answers to your questions.

Hi Jane Green, thanks for your post! I will wait for my Notice of Action, which hopefully will arrive within the next week or so, if not, I will book an appointment to go get my card stamped. I want to make sure they get the copy of my marriage certificate before I book that appointment =)

As for your questions:

>Was the office overcrowded with “walk-ins”, or everybody was seen by appointment only?
- Seemed to be by appointment only, there were not a lot of people there. I believe, if I'm not mistaken, that the Tampa Sub Office only takes by appointment now - as of about a year and a half or so ago? I could be wrong though, they won't let you in without a letter.

>Did they see you on time, or you had to wait?
- I was into the interview within about an hour, they were quite busy, but expect at least a bit of a wait. I've never had to wait more than about an hour for anything there. I don't think they will let you in early either.

>Was the officer nice or grouchy?
- The officer was quite nice, but very "immigration officer"-ish. Couldn't get a rise out of him, but he seemed pretty sincere. This has been my experience with all of the officers at this center (about 3 appointments there to date). The guys at the front, by the metal detector, are awesome though, super friendly. I have heard some stories about Tampa office though, just depends who you get I guess.

>How long did the interview last? (15 min? 30-45 min? hour or more?)
- Interview took probably 15 minutes, but we had nothing to hide, nothing to lie about, he could see that we were great together. ;)

>Did it feel like interrogations? conversation? or business meeting?
- I would say more like a quick interview, a business meeting-style. They asked things like: Are you involved in terrorism? Have you ever committed a crime for which you have not been convicted? Do you affirm that you are legally married? Are you involved in drug dealing/trafficking? Other than that, he asked for the documents, and that was about it. Fingerprinted, signature, and out the door.

>Any trick questions?
- No trick questions for me! My wife and I could answer anything they asked, I wasn't the least nervous when we went in there. Our marriage is awesome, anything they could have asked, we could answer exactly the same, even if they did split us up into two rooms.

>Anything else you might want to share or think it’s important?
- Just be completely honest with everything, no matter what. You're better off not having a document, or having something wrong with your application and having to reschedule, than to lie about it - never, ever lie about anything in those interviews ;) That has been the advice I've always been given. If you're here legally, and you're doing everything right, there is never any reason to worry.

Best of fortune to you, and do keep me posted if you remember!
 
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