What about this??/ HELP

A

albled99

New Member
Hello everybody. I joined the forum recently and I think that it has a lot of good information. I had a few questions about my case that I hope you can answer for me.

I have been married to a USC for about 8 months. We have applied for the I130 and we got a response saying that the case is transferred to my local office and that they will let us know when they schedule an interview about our I130. We have not applied for I485 b/c my asylum case is still pending on Immigration Court. My lawyer said that the I130 has to be approved first before we apply for that. We are both in the US.

My questions are:
1. Is this interview the same as AOS interview? And does that mean we are going to attend 2 interviews in total?

2. If this interview is different, what does it consist of?

3. Do they still give you Conditional Green Card? I heard somewhere that USCIS got away with that.

Thank you very much for your help. :)
 
Hello!

1. Your lawyer is wrong. If you married to USC then you don’t have to wait until your I-130 approved to file I-485. You can file them both concurrently.
In your situation, since you already filed I-130, then file I-485 with a copy of NOA for I-130 and all other required documents as soon as you ready.
2. People don’t attend interviews for I-130, if they in US already, nor they usually receive any letters about that application, except receipts (NOA) and decisions (approved or denied). Are you sure I-130 was all you filed?
Anyways – approved I-130 (interview or no interview :confused: ) does not give you a Green Card, only I-485 does.
3. If on a day of your marriage-based AOS interview you been married to your USC husband for less then 2 years, then you will get a conditional green card. If you file your I-485 based on your asylum (a year after you’ll get approved) – then it’s unconditional and backdated.
4. Filing I-485 based on your marriage to USC has nothing to do with your asylum. You don’t have to wait for the court decision on your asylum case to file I-485 based you your marriage.
Good luck!
 
Jane Green is totally correct. You can have two petitions based on different circumstances.
Call USCIS and ask if the interview for your I-130 has to do with what? and for what?
Good luck,
 
Thank u for your help. I set up an appointment with my lawyer to see exatly what is going on. What I think it might be is that in the Immigration Court I am under removal proceedings based on my asylum case. So, I guess they have to approve the I130 before any more steps are taken, though I feel that an interview for the I130 sounds strange.

Thanks again for your help and we will see what happens. thanks
 
albled99 said:
Thank u for your help. I set up an appointment with my lawyer to see exatly what is going on. What I think it might be is that in the Immigration Court I am under removal proceedings based on my asylum case. So, I guess they have to approve the I130 before any more steps are taken, though I feel that an interview for the I130 sounds strange.

Thanks again for your help and we will see what happens. thanks
Click to expand...


Oh, I see…You didn’t mention before you were in removal proceedings. In such case – follow your lawyer’s advice and good luck.
 
It is my understanding that you can't apply for I-485 based on your marriage when you are on removal proceedings, that has to be clear out first.
But I don't know about the I-130 interview...
 
My friend had a similar case : she applied for asylum first , then she didn't appear in asylum court when she was sceduled to, just some time before the court date she gets married and applies for AOS with her lawyer . It's a very long process and you need a help of a lawyer in this case. I remember she also had an interview but her interview was much harder than in regular cases. She and her husband were separated and interviewed in different rooms. But everything went fine since it is a real marriage. The process is still on and it has been more than 2 years.
 
You must log in or register to reply here.
Top