Initial interview ready to go - couple questions.
joe...@tlen.pl
I-485 I-765 (and some other) under date of notice October, went through
immunizations (march), fingerprints (march) still waiting for EAD card
but yesterday I got appointment for "initial interview". Well, I am
happy but certainly have some questions:
1) my wife is not working currently (although we have her W-2 forms for
last 3 years), I am working but without EAD card (when I called USCIS
they told me that it is up to my employer wheter he will give me work
or he won't), so do you think I should addmit it to the officer that I
am the only family sponsor?
2) Since we are not married more than 2 years, and I already have my
interview, my GC probably will be conditional. Does it mean that I
cannot/would have problems travelling to my country for
vacation/holiday time on conditional green card? Is there any
limitation in time that I can spent aboard (f.e. vacation) that might
be a reason not to assign me unconditional GC?
3) On the interview, do they ask questions or they let you tell your
story and just listen?
4) Is it a rule that all interviews are videotaped? My wife hates any
pictures/photos and this might have her even more scared (but there is
nothing we can do)
Thanks for any reply.
joe...@tlen.pl
meauxna
When you successfully complete your AOS, you will be a Permanent
Resident of the US. This does come with some rights and responsibilities
that you should be very aware of. The following pages are a good start:
I recommend the following reads to anyone who is becoming a Permanent
Resident, so you can better understand your rights and responsibilities.
Now That You Are A Permanent Resident
http://uscis.gov/graphics/howdoi/PermRes.htm
How Do I Remove the Conditions on Permanent Residence Based on Marriage?
http://uscis.gov/graphics/howdoi/remcond.htm
Welcome to the United States:
A Guide for New Immigrants
http://uscis.gov/graphics/citizenship/imm_guide.htm
--
Posted via http://britishexpats.com
Noorah101
I would only bring up your employment if the officer asks about it. If
she does ask, of course tell the truth. If you have been living
together more than 6 months, your income can be included on the I-
864....however, since you're not really work authorized, you might just
want to get a joint sponsor instead, and avoid pointing out so blatently
that you've been working unauthorized.
You will get a conditional GC simply because of the length of your
marriage (less than 2 years). There are no travel restrictions just
because it's conditional as opposed to the 10-year one...it just has an
expiration date of 2 year from now instead of 10. There are still
restrictions on how long you can stay out of the USA, and meauxna has
pointed you to the links for that. Otherwise, the status of CPR and LPR
are that same, with exactly the same rights.
A little of both. A general rule of thumb is to answer only the
question asked. For example "do you know what time it is?" Your answer
is "yes." Only if they ask an open ended question like "so tell me how
you met"...then give them a brief description...such as "we met at
school". Or whatever your answer is. Always tell the truth. If you
don't know the answer, it's ok to say I don't know. If you didn't
understand the question, ask to have it repeated.
No, it's not a rule. Some offices tape them, some don't. Ours in
Phoenix was videotaped, but it's no big deal. Once you get into
"interview mode", you forget the camera is even there.
Best Wishes,
Rene
joe...@tlen.pl
Rene, I-797 with appointment time and date says to bring emplyment
evidence together with two last stubs, so if my wive does not work, I
have to bring mine.
The letter is write to my name, and it says "bring your children birth
certificate". I do not have kids, but my wife has got from previous
merrage. Does this letter is directed to both of us, so my wife have to
provide child birthcertificate, or the letter is directed only to me.
Why kind of documents do you need to have to remove 2-year condition?
Is it another interview or just file some I-form and submit? If my
appointment is in the middle of August, how long (if I am approved) it
usually takes for state Florida (Orlando) to process and got the card
in mail?
Thanks for being patient.
Elvira
> sorry the year it happen was 2005, not 2006.
I am confused - you submitted your AOS paperwork and applied for EAD in
September 2005 and you still have not received your EAD?
This doesn't make any sense...
joe...@tlen.pl
16th of March, since then called USCIS twice and they took all my data
(name, phone number, etc) and they say we will send another one or
somebody call you. They give ma deadline - if you don't get in touch or
you don't get the card, call us back after 30th of June. That is what I
am waiting for, but maybe I don't need to, since in two month I got my
interview. How long is it for Florida, if anyone knows, to wait for GC
to be sent?
Thank you.
Noorah101
My belief is that they are referring to updated employment information
from the sponsor (your wife). Since she doesn't have anything to bring,
you are welcome to bring yours if you wish. You would still need a
joint sponsor anyway, unless you are including your income on the I-
864...you haven't answered whether you plan to do that or not. My alien
husband was not asked to show proof of his employment at our interview
(but we were also not using his income on the I-864).
The letter is addressed to you, but refers to both of you as far as
providing evidence. Yes, bring her child's birth certificate.
The same kind of evidence you will be presenting at this AOS interview.
But it's not until 2 years from now, so you have plenty of time to
prepare for that one. Just get through this interview first. :)
It will be an application to submit (form I-751) plus your evidence of
continued marriage. There may or may not be an interview. If they have
doubts about your case, they may call you for an interview. If they
pull your case at random for routine quality assurance, you may be
called for an interview. If not, there won't be one.
It's not the state of FL that processes it. It totally depends on
whether you are approved at your interview or not. If the officer
needs further information, or you still have pending security checks,
you won't be approved that same day. Even if you are approved the
same day, time will vary as far as receiving the card in the mail.
Some folks wait a week, some wait a few months...if you don't get
yours in a month, you can make an infopass appointment to check on it.
If you get approved at your interview, you can ask for the I-551 stamp
in your passport which will be your prove of PR status until your GC
comes in the mail.
I'm also curious why you haven't received your EAD yet, after 8 months
of waiting! Have you even looked into why you didn't get it yet?
Rene
Elvira
I'm even more confused...
When exactly did you submit your AOS and EAD applications?
October 05 or 06?
After 90 days you are entitled to ask for an interim EAD. Did you
not do that?
And FFs do not rely on the misinformation line for any information -
make an Infopass appointment.
Noorah101
Send another one what? EAD card? Biometrics appointment letter?
How did you know your fingerprints were approved...did you get an email
update saying that?
Rene
Noorah101
> I'm even more confused...
>
> When exactly did you submit your AOS and EAD applications? October
> 05 or 06?
>
> After 90 days you are entitled to ask for an interim EAD. Did you not
> do that?
>
> And FFs do not rely on the misinformation line for any information -
> make an Infopass appointment.
The OP couldn't have submitted anything in Oct 06, since that's not
here yet. Must have been Oct 05. In that case, it must have taken 5
months for him to get a biometrics appointment. He evidently didn't
know that after 90 days from applying, he could go to the local office
and make an inquiry.
Definitely agree not to rely on the 800 number's answers. The OPs
interview isn't until August, still 2 months away. He's do well to go
in person and ask about his EAD, in case he doesn't get approved at the
interview.
Rene
Elvira
> The OP couldn't have submitted anything in Oct 06, since that's not
> here yet. Must have been Oct 05. In that case, it must have taken 5
> months for him to get a biometrics appointment. He evidently didn't
> know that after 90 days from applying, he could go to the local office
> and make an inquiry.
>
> Definitely agree not to rely on the 800 number's answers. The OPs
> interview isn't until August, still 2 months away. He's do well to go
> in person and ask about his EAD, in case he doesn't get approved at
> the interview.
>
> Rene
Touche - hehe!
Must have been having a blond moment LOL... ;)
joe...@tlen.pl
They said on the phone that they send my EAD card, and if I didn't get
it, they will re-send it. I did not get it in 30 days so I have called
again, she said she cannot tel/do anything she does not see anything in
the system, she got all my information again and said to give it more
30 days and call back if you don't get it. It is 30th of this month
that I will be calling back.
Now, I do not know anything about going to the local office and getting
my EAD card - they told me by the phone that the only way is by either
biometric that were already taken (and my letter of approval was sent)
so they cannot do it again, and just to wait till 30th then call if I
don't have it. Just got my appointment letter, so the address they've
got is correct - I just did not get it.
Should I go somewhere to take it? I was about to go for the appointment
without the card, simply saying that they did not send me one. Now,
they cam make me some problems, since my wive does not work, and I
work, and if the officer is an asshole, he can say that I am working
illegaly (does not matter what they told me on the phone), and that he
have to reject my papers since I don't have a sponsor? What is all
about this sponsor, btw? We have sent togethjer with other files my
wife's W-2 forms for last years,
I thought it is enough.
Noorah101
The people on the 800 mis-information line are only contract workers,
and don't know much about immigration. It's best to avoid calling them,
you can get a different answer from them every time you call.
If I were you, I'd go to www.uscis.gov and make an Infopass appointment
at your local office to go in person and inquire about your EAD. It's
true they might still tell you it's on the way...since it's not yet 90
days from your biometrics being done...but worth a try. Just curious,
did it really take 5 months for you to get a biometrics appointment?
Well, definitely your wife needs to complete an I-864 as your sponsor,
even if she doesn't meet the income requirements. Did she not fill one
out to send with your AOS paperwork last October? Regardless, the
officer will need to see an I-864 which meets the income requirements,
whether it be from your wife (which it won't, since she's not working),
or one from your wife including your own income (which you can do if
you've lived together 6 months or more and if you meet the requirements
on your salary), or you can get a joint sponsor who does meet the income
requirements. I think you will probably be OK with working w/o your EAD
(working unauthorized is generally forgiven in these cases). My concern
would be that since you've been working unauthorized, I'm not sure if
the officer will allow it on the I-864. I suppose you can try it, and
if the officer rejects it, you can then turn in an I-864 from a joint
sponsor. Personally I'd have one ready to hand over right away if they
ask for it.
joe...@tlen.pl
filled last year; we have filled I-864 and she sponsored me with her
income. That was filled together last year (October), but why I did not
get my EAD till now - no clue (they said they have sent it twice
already). I will do what you suggest, but I will wait til l30th and
then I will schedule an appointment. Do you have any idea what should I
say once I got there in order to make it quick and simple task? :)
Thanks for your time
Noorah101
OK, so she sponsored you on her income in Oct 05. However, she is not
currently working, so her financial situation has changed. She will
need to complete a new I-864 based on her current situation. Since she
currently does not meet the income requirement, you'll either need to
contribute your income if you qualify, and if the officer allows it, or
else get a joint sponsor.
Just bring all your EAD information with you, and show them the paper
trail of what you have done. Just ask them when you can expect to get
your EAD, and if you can have an interim one now while you wait. Ask
them why the first two EADs might not have gotten to you. Just explain
your situation, and have your paperwork to prove it.
joe...@tlen.pl
have it ready for my interview and just put it down together with other
papers, or it is more just a thing to talk about during my interview.
Can my case/GC be denied because of this? I would not like to waste
time and opportunity since my interview has been already scheduled.
What do you think?
pianoplayer
> OK, so she sponsored you on her income in Oct 05. However, she is not
> currently working, so her financial situation has changed. She will
> need to complete a new I-864 based on her current situation. Since
> she currently does not meet the income requirement, you'll either need
> to contribute your income if you qualify, and if the officer allows
> it, or else get a joint sponsor.
>
>
> Just bring all your EAD information with you, and show them the paper
> trail of what you have done. Just ask them when you can expect to get
> your EAD, and if you can have an interim one now while you wait. Ask
> them why the first two EADs might not have gotten to you. Just
> explain your situation, and have your paperwork to prove it.
>
> Rene
Yes, I agree, you need a new I864. If your wife fills out the new one
and you want your income taken into account, you also need to complete
an I864A(contract between sponsor -your wife- and household member - you-
). If you instead decide to use a joint sponsor, you need one I864 for
your wife and one I864 for your joint sponsor, who must be USC or PR.
I think Rene gave you good advice - having a joint sponsor I864 ready is
a good idea, since you are not sure whether they will let you use your
income on the form b/c you do not have employment authorization.
Remember you also need all the tax info(returns, W2's, employment
letter) and proof of citizenship/residence for your joint sponsor.
joe...@tlen.pl
since September 2005 (that time they hire me legaly under my J-1 but it
finaly expired November 2005), so with my income I can sponsor myself,
but which form is properiate 786 or 768A ?
Thanks for you time!
pianoplayer
You cannot fill out the I864 - your wife as the sponsor fills it out(you
can fill it out for her and indicate that you did so at the bottom of
the form in the 'prepared by' section, but ultimately that form is seen
as coming from your wife). Then in addition to this you have 2 options:
1. Fill out I864A Contract between sponsor and household member. (this
form is to take account of your income)I think both of you sign that
form, but I cant remember, just follow the instructions for the form.
The only thing to remember with this option, as Rene said, is that they
may not take your money into account since employment was not officially
authorized. They may, but to be safe go with option 2.
2. Have a joint sponsor fill out another I864 for you, this time
checking 'filing as a joint sponsor'. With this, also submit the
joint sponsor's proof of citizenship/GC, tax returns and W2's for 3
years, employment letter.
Whether you choose option 1 or 2, you need to submit at least 2 forms,
i.e. your wife's completed I864 and then either an I864A of your income
or a joint sponsor's I864. And I would have these ready and signed in
front of a notary for the interview.
If you dont have these ready for the interview, they may not deny your
case, but you may have to send it in later, causing delays etc. etc.
Better to be overly prepared.
Noorah101
YOU do not fill out the I-864. Your USC wife does. On the line that
says the total income, you can include your income there (if you are
willing to risk using income which was gained unauthorized). In
addition, YOU will fill out an I-864A (the contract which allows you to
use your income on her I-864). Include all your backup such as pay
stubs and letter of employment, plus any tax returns (even though you
already turned them in...just attach another copy). Make sure
everything gets notarized. Bring all of this to your interview and turn
it in to the officer in person.
I doubt if you'll actually get a denial right away, if the I-864 isn't
meeting the officer's criteria. The officer will most likely give you
some time to get a joint sponsor, and turn that in later. However, to
avoid any delays, you might want to have a joint sponsor's I-864 and
backup already ready to hand over to the officer, in case she says your
own I-864 is not sufficient.
Rene
pianoplayer
Please understand that you CANNOT sponsor yourself if your wife is
filing a relative petition for you. Even if she does not qualify
financially, SHE has to fill out I864.
Then YOU can also fill out I864A to take your money into account OR a
joint sponsor can file ANOTHER I864 in addition to your wife's.
You CANNOT file a I864 by yourself, based on your income. Your income
can be incorporated on your wife's I864 entering it on there and
additionally filing I864A.
pianoplayer
> Please understand that you CANNOT sponsor yourself if your wife is
> filing a relative petition for you. Even if she does not qualify
> financially, SHE has to fill out I864.
>
> Then YOU can also fill out I864A to take your money into account OR a
> joint sponsor can file ANOTHER I864 in addition to your wife's.
>
> You CANNOT file a I864 by yourself, based on your income. Your income
> can be incorporated on your wife's I864 entering it on there and
> additionally filing I864A.
I am not sure if he understands the process, so let me know if I did not
explain it well. Sorry Joe, did not mean to talk over you. I know all
these forms can be confusing.
Noorah101
> I am not sure if he understands the process, so let me know if I did
> not explain it well. Sorry Joe, did not mean to talk over you. I know
> all these forms can be confusing.
pianoplayer - you are correct.
Joe - I have no idea what the 786 or 768A is that you are talking about.
Seems you're having quite a bit of trouble with the idea and forms for
the Affidavit of Support. You might want to consult an immigration
attorney on this one. You don't seem to get the gist of what we are
telling you.
It's very simple. Your wife completes an I-864. You use both her
income and your income on the total income line. You complete an I-
864A. That's it. Then you hope the officer accepts it.
Ask your wife, she did an I-864 for you back in Oct 05. She will know
what she did. She does the same thing again, but with your current
income situation.
Rene
Brenda Ballard
joe...@tlen.pl
officer told me that if you did not get the card, you need to file I824
(which cost $200) for additional action on your file, and we will
reproduce the card. Then she transferred me to Immigration Officer, she
told me that my EAD was not send yet, because it was just march and FBI
need to check me and it takes from 6-8 months and if you don't get your
card by December 2006, please call us back, I asked that I have
interview appointment in two months, she told me to hold on, after 15
minutes she told me to schedule appointment and fill I-824 to resend
you another card, but told me also I wish you luck, because if you dont
get your card on time, and if you don't have legal prove that you work
legaly - which is ead card - and your wife does not work, your green
card application will be denied with 30 days removal from country
notice. And then she just simply hang-up on my face (I heard headset
put on the phone realy hard). she did not give me any chance to
explain. I don't know, I am really depressed now.
pianoplayer
> I don't really think they'll be this drastic at the AOS interview.
> The officer will look at your I-864 and decide if your income
> qualifies or not. If so, no problem. If not, the officer will ask
> you to find a joint sponsor and send in the new information within a
> time limit. I doubt you'll be denied outright. From what I've seen
> the officer will give you a chance to come up with something that
> qualifies.
>
> Rene
Yes, Joe, Rene is right. And that is why I told you, just get a joint
sponsor anyway and have the paper ready for the interview. That way, you
have it in hand if they do not like your income situation. Of course,
like Rene said, they will probably give you some time to find a joint
sponsor, but why wait? Have it ready and try to mitigate whatever delays
you can in the process.
Noorah101
I don't really think they'll be this drastic at the AOS interview. The
officer will look at your I-864 and decide if your income qualifies or
not. If so, no problem. If not, the officer will ask you to find a
joint sponsor and send in the new information within a time limit. I
doubt you'll be denied outright. From what I've seen the officer will
give you a chance to come up with something that qualifies.
Rene
Noorah101
OK, first of all....stop calling the 800 misinformation line. There is
no guarantee they know what they are talking about. You can call 5
times and get 5 different answers. Here's what you can do:
Make an Infopass appointment to go IN PERSON and see about your EAD.
Don't try to follow up with that on the phone anymore. It's only going
to keep confusing you. If your July 10 appointment is to inquire about
your EAD, then great. Go at that time and ask about it...and in the
meantime, stop calling the 800 number.
Next, you have to realize you've been working illegally. Generally this
is forgiven by USCIS for someone in your situation (married to a USC and
adjusting status). BUT, since you are trying to use your income on the
I-864, this is where everyone sees a potential problem. The income you
are trying to list has been earned illegally. No one is POSITIVE that
the officer will accept it. That's why we've mentioned many times to
get a joint sponsor instead. That will solve ALL the problems. You'll
have a joint sponsor who does qualify, and you can stop worrying about
whether your income will qualify or not.
Can you do those things?
Brenda Ballard
there that can help you with immigration questions
joe...@tlen.pl
Boiler
> I don't really think they'll be this drastic at the AOS interview.
> The officer will look at your I-864 and decide if your income
> qualifies or not. If so, no problem. If not, the officer will ask
> you to find a joint sponsor and send in the new information within a
> time limit. I doubt you'll be denied outright. From what I've seen
> the officer will give you a chance to come up with something that
> qualifies.
>
> Rene
That is what I would expect.
I have never seen a ot where illegal earnings were allowed, co-sponsor
would be the way to go. At least have a co-sponsor available for
submission at the interview if you want to try it first without.
joe...@tlen.pl
Elvira
> call your local congressman's office and there is someone that works
> there that can help you with immigration questions
I doubt that they could help the OP.
In any event, he does not need any more help - he has received plenty of
useful advice here already.
He just needs to read it, absorb it and act on it...
pianoplayer
> Please tell us WHY you are posting the same stuff AGAIN???
>
> Rene has answered your concerns very comprehensively:
>
> ****
> OK, first of all....stop calling the 800 misinformation line. There is
> no guarantee they know what they are talking about. You can call 5
> times and get 5 different answers. Here's what you can do:
>
> Make an Infopass appointment to go IN PERSON and see about your EAD.
> Don't try to follow up with that on the phone anymore. It's only going
> to keep confusing you. If your July 10 appointment is to inquire about
> your EAD, then great. Go at that time and ask about it...and in the
> meantime, stop calling the 800 number.
>
> Next, you have to realize you've been working illegally. Generally
> this is forgiven by USCIS for someone in your situation (married to a
> USC and adjusting status). BUT, since you are trying to use your
> income on the I-864, this is where everyone sees a potential problem.
> The income you are trying to list has been earned illegally. No one is
> POSITIVE that the officer will accept it. That's why we've mentioned
> many times to get a joint sponsor instead. That will solve ALL the
> problems. You'll have a joint sponsor who does qualify, and you can
> stop worrying about whether your income will qualify or not.
>
> Can you do those things?
> Rene
>
> Now, PLEASE, tell me what is stopping you from following her advice?
> (Not just this one, but all the rest...)
>
> I don't know about other people reading this thread, but my patience
> is wearing pretty thin!!!
Couldnt agree more. We have told him the same things many times over -
either his language comprehension is not very good(in which case I
apologize) or he is not using his mental faculties very well.
Elvira
> Couldnt agree more. We have told him the same things many times over -
> either his language comprehension is not very good(in which case I
> apologize) or he is not using his mental faculties very well.
Normally I'd suggest 'consult a lawyer', but if he cannot follow the
simple instructions he has been given here, I doubt that a lawyer would
be able to explain it better...
Elvira
Noorah101
I deleted one redunant post. The only thing I can think of is that
since he's viewing from usenet, he's not seeing our answers come up
yet, nor his own post, and he's reposting it, thinking it hasn't
gone through.
Rene
meauxna
> I deleted one redunant post. The only thing I can think of is that
> since he's viewing from usenet, he's not seeing our answers come up
> yet, nor his own post, and he's reposting it, thinking it hasn't gone
> through.
>
> Rene
They're getting through just fine: http://tinyurl.com/pc75w