Questions about time living in USA, overseas residence, biometrics

[Thomaso275 0]

Looking for a little info from members. I retired several years ago and moved overseas (South America). Met my wife, got married overseas and got a consular issued perm resident card. We have been married over two years and in three months or so the AOS, removal of conditions comes up. I have all the docs ready and have a valid marriage. We live overseas most of the time but have taken several month long trips to USA over the past two years. We are currently in USA but leave in a week or so to our overseas home. Here are my questions:

Does it matter that we spend 80% of our time living at our other home overseas when it comes time to remove conditions?

I have answered yes that she has another residence/address since entering the USA. I explained that we have had a home in her country since 2004. I did not put in specific dates when we are there (i.e. april 2008 to Oct 2008, then USA for one month then 6 months overseas, etc..) Problem?

What is this biometric / interview stuff that may come up after I send in her AOS package? What are the chances we have to return just for an interview or fingerprints? These trips are expensive! Anyone ever do this overseas at the USA embassy?

Finally, if she is denied, because of time out of country, does the fact that we have been married more than two years give her automatic residence if we apply again at the embassy overseas?

Thanks in advance.

PS: Although this is important the fact that we have a life together in another country where I retired doesn't make a residence denial in USA the end of the world.

[Boiler 45,486]

So she is not a US Resident, sooner later this may bite you, but as long as you do not mind then no problem.

Sounds like a tourist visa would have been a better bet.

[Otto 83]

Does it matter that we spend 80% of our time living at our other home overseas when it comes time to remove conditions?

It very likely can -80% is a lot.

What is this biometric / interview stuff that may come up after I send in her AOS package? What are the chances we have to return just for an interview or fingerprints? These trips are expensive! Anyone ever do this overseas at the USA embassy?

100% likely you'll have a biometric appointment (fingerprints and photo). Interview is typically hit-or-miss but can depend on each individual case too. Based on your explanation - I'd be surprised if your case got rubber-stamped an approval without someone asking a few questions.

Finally, if she is denied, because of time out of country, does the fact that we have been married more than two years give her automatic residence if we apply again at the embassy overseas?

You mean - file DCF again down the road? I would think the answer is yes - sort of - you'd go the IR-1 route, enter the US and get a 10-year PR/Green Card. Essentially the same as before except you've been married over two years this time around.

Thanks in advance.

PS: Although this is important the fact that we have a life together in another country where I retired doesn't make a residence denial in USA the end of the world.