First AOS through marriage done. What's next?

[Jezebelle]

What is the name of your state? Virginia

Lana: I just had my initial interview with the INS yesterday and everything went smoothly, ending with my passport getting stamped for the temporary status of permanent residence.

My questions to you are: 1) what will need to happen next? I understand that I am required to file another application/form to have the conditions removed 90 days before the status expires. As I understand it, my husband and I are then required to return for a second interview. 2) What are they looking to learn during the second interview? 3) Does it mainly follow the same format as the first interview? 4) Are any additional documents required other than what has already been submitted by us? 5) Will the same INS agent from the first interview be our assigned interviewer or will we be interviewed by whoever is available? 6) Do I need to have my lawyer present again (He wasn't particularly useful the first time around since our marriage is a bona fide one, and I don't necessarily want to pay him just to sit around and twiddle his thumbs if it is not necessary to have him present).

Your advice would be much appreciated. Thanks!

 

[evcalyptos]

What is the name of your state? Virginia

Lana: I just had my initial interview with the INS yesterday and everything went smoothly, ending with my passport getting stamped for the temporary status of permanent residence.

My questions to you are: 1) what will need to happen next? I understand that I am required to file another application/form to have the conditions removed 90 days before the status expires. As I understand it, my husband and I are then required to return for a second interview. 2) What are they looking to learn during the second interview? 3) Does it mainly follow the same format as the first interview? 4) Are any additional documents required other than what has already been submitted by us? 5) Will the same INS agent from the first interview be our assigned interviewer or will we be interviewed by whoever is available? 6) Do I need to have my lawyer present again (He wasn't particularly useful the first time around since our marriage is a bona fide one, and I don't necessarily want to pay him just to sit around and twiddle his thumbs if it is not necessary to have him present).

Your advice would be much appreciated. Thanks!

General Guide for 2-year Permanent Residents with Conditions;
-for the next 1 year 9 months, develop and collect evidence of your shared marital life. Submit Form I-751 in the appropriate timeframe (90 days before green card expires)
-Download and review Form I-751 and its instructions today. Includes types of evidence to submit
-better than 90% of I-751s for still-married couples are approved without interview. If you are pulled for an interview (barring obvious fraud) it is because your 'lucky' number came up. There are interview experiences posted around the net, nothing much different from what you just did for AOS
-the interviewer (if interviewed) would be a different person. While you file i-751 to your Service Center, interviews would take place at your local office
-After submitting I-751, you will get a Notice of Receipt extending the validity of your I-551 card for another year. You remain in status.
-Nothing will happen, often for as much as a year, sometimes more. If applying for naturalization, doing so at the right time can kick start your I-751 application. Sometimes both are decided (approved) at the same time. You can always attempt a visit via InfoPass to your local office to renew the passport stamp for evidence of status for travel purposes (otherwise you have expired GC + letter)

 

[Jezebelle]

Interesting. Thanks for your advice. Now, as I understand it, in order to qualify for citizenship (through marriage) one has to have been a permanent resident for 3 years. Since I got my temporary permanent resident status in Oct of 2004, will the "countdown" start from this year or will it begin when I receive my actual Green Card after filing the i-751 form? evcalyptos or Lana Please advise.

 

[evcalyptos]

Interesting. Thanks for your advice. Now, as I understand it, in order to qualify for citizenship (through marriage) one has to have been a permanent resident for 3 years. Since I got my temporary permanent resident status in Oct of 2004, will the "countdown" start from this year or will it begin when I receive my actual Green Card after filing the i-751 form? evcalyptos or Lana Please advise.

You are not a 'temporary' PR, nor is the green card you have now not your 'actual card'. In other words, you are a full-fledged PR from the date indicated on the face of your green card; THAT is your magic date. You just get the benefit of filing one additional set of paperwork because your marriage was not old when you got PR status.

The clock starts ticking toward naturalization from the date on the front of your GC; the day your received Perm Res. status. Keep in mind that extended trips outside the country can stop the clock. See Form N-400 for instruction.

 

[Jezebelle]

lol... I would hardly consider it a 'benefit'! Oh well.... can't win 'em all! Thank you kindly for all your assistance!

 

[evcalyptos]

lol... I would hardly consider it a 'benefit'! Oh well.... can't win 'em all! Thank you kindly for all your assistance!

It's really no big deal; if you look at the form you will see. We just submitted our joint petition and I just kept a file folder near my desk and threw documents in there throughout the year+ if they looked like they might be appropriate. Added a couple of photos and our tax returns and poof, off it goes.

 

[Jezebelle]

Good advice. You have really done your research (either that or you are a lawyer by trade)

Question: Do I need to re-submit affadavits with my paperwork? We already submitted 3 during the initial interview however we forgot to make copies for ourselves. So basically the INS has the original affadavits. It shouldn't be a big problem to get our friends/family to provide them again but we just don't want to inconvenience people because of our own carelessness. Will things like water bill, joint bank statements, car/dental/life insurance and so forth suffice?

 

[evcalyptos]

Good advice. You have really done your research (either that or you are a lawyer by trade)

Question: Do I need to re-submit affadavits with my paperwork? We already submitted 3 during the initial interview however we forgot to make copies for ourselves. So basically the INS has the original affadavits. It shouldn't be a big problem to get our friends/family to provide them again but we just don't want to inconvenience people because of our own carelessness. Will things like water bill, joint bank statements, car/dental/life insurance and so forth suffice?

Lots of research & doing it myself

Again, read the I-751 and its instructions and you'll have a better idea. Financial Affidavits of Support are not required with this application (and never never give all your originals away! ). The I751 is to prove that you have a genuine relationship, not for the purpose of circumventing immigration law. So yes, the normal things you mention are appropriate.
Start saving!

 

[Jezebelle]

I guess I should have been more specific; by affadavits I meant the affadavits from friends and relatives (not the financial affadavits - we have the copies of those ones). And yeah, I already got lectured by my attorney about not having made copies (geez you would think he was the one paying us for our services) but I guess I too am only human at times! It was the one piece of back-up that I simply did not have in hand in time to make copies of.

You know you really should consider charging for your advice

Thanks again!

 

[evcalyptos]

I guess I should have been more specific; by affadavits I meant the affadavits from friends and relatives (not the financial affadavits - we have the copies of those ones). And yeah, I already got lectured by my attorney about not having made copies (geez you would think he was the one paying us for our services) but I guess I too am only human at times! It was the one piece of back-up that I simply did not have in hand in time to make copies of.

You know you really should consider charging for your advice

Thanks again!

Those affidavits are considered (by those I trust) to be the weakest form of evidence. I've been told 'use them only if you have nothing else'. We chose not to include them in our own package.
As for the missing financials, well, you're past that phase so it should not ever become an issue (but why didn't your lawyer make copies?!). Do keep track of all your time spent out of the US for the next few years if you intend to apply for citizenship.

As for charging, well, then it wouldn't be a hobby. Not to mention that it would be illegal in my state

Congratulations on your new status and enjoy the next 1 year 9 months USCIS-free!
PS: don't be surprised if you get multiple 'Welcome to America' letters right before your green card comes in the mail, it's very common.