I-485 question.

[bigduke 0]

Hi all, I've found this site a great resource. Our situation is slightly different then what I have read here, and I thought I would spell it out, in the hopes of maybe getting some clarity, but also to provide a resource for others in our situation. So, here goes.

My wife is from China. She came to the US on a B2 visa. During her stay she engaged a lawyer and started an asylum case to remain in the USA. While this case was ongoing, we met and were married in January of 2011. In February, with her lawyer, we filed the i-130 and associated forms, although NOT the i-485.

The lawyer explained that we needed to pick one path (either asylum, or marriage), and go with it. In May, we had the asylum case terminated without prejudice by the immigration judge in California. Shortly after, in Early June after the lawyer received notice from the court that the asylum case was terminated, we filed the i-485.

In late July we received an interview notice for the i-130 that we filed in February. We attended the i-130 interview in early August, and passed it. Shortly after we received her work card (i-765), that was part of the 1-485 package we sent in June.

Today, we received a new interview date for the i-485. It is in late September. On the interview request, was a laundry list of items that seem to be essentially everything we brought for the i-130 interview. We aren't really that worried, because we have done this once satisfactorily.

Our question is, is this new interview just gonna be a re-hash? We will of course bring everything, but could it just be as easy as showing them my i-130 approval letter, or is it likely that we will be grilled again. We did the first interview without the lawyer, but I'd hate to get tripped up on something technical in what seems to be so late in the process. We're just trying to get a feel for whether this interview will be the same, or more of a formality.

Thanks for any insight anyone might have.

[Dulcinea 1]

A friend of mine had a similar situation ( asylum case pending, marriage, termination of the asylum case). I am not aware of if they had an I-130 interview, but I-485 interview was a stroke interview even though they have been married for over 2 years. I don't think you should be worried anyways - it is called a stroke interview and seem like a scary thing, but after a read the questions being asked ( posted by some lawyer, i believe) i found them pretty simple to answer( only the in laws' birthdays were confusing ).

[bigduke 0]

Thanks for the reply. From other readings here, I was under the impression that a "Stokes" interview was generally conducted if there was some question as to the bona fides of the marriage. In our case we passed our I-130 already which I believe is a statement that our marriage is valid. I expect anything, but it seems like the marriage part is settled.

With that in mind, I guess another way of asking the question would be since a lot of people seem to do the I-130 and 1-485 interview at the same time, what part of the interview was I-485?

Again, thanks for your reply.

A friend of mine had a similar situation ( asylum case pending, marriage, termination of the asylum case). I am not aware of if they had an I-130 interview, but I-485 interview was a stroke interview even though they have been married for over 2 years. I don't think you should be worried anyways - it is called a stroke interview and seem like a scary thing, but after a read the questions being asked ( posted by some lawyer, i believe) i found them pretty simple to answer( only the in laws' birthdays were confusing ).

[VanessaTony 3,567]

Thanks for the reply. From other readings here, I was under the impression that a "Stokes" interview was generally conducted if there was some question as to the bona fides of the marriage. In our case we passed our I-130 already which I believe is a statement that our marriage is valid. I expect anything, but it seems like the marriage part is settled.

With that in mind, I guess another way of asking the question would be since a lot of people seem to do the I-130 and 1-485 interview at the same time, what part of the interview was I-485?

Again, thanks for your reply.

You're thinking wrong. The I-130 proves you're married, it doesn't prove that you didn't marry for immigration benefits. If you look at some denials they also had the I-130 approved but were denied when it came to the I-485.

Example, I passed the I-129F (fiance interview) without issue, many people do. But then come I-485 time they can get denied. The I-130 and I-129f interviews prove only that you're married (or engaged) and fulfilled the requirements to obtain a visa number. It is STILL entirely possible to get denied at the I-485 stage with an approved I-130 (or I-129F).

The I-485 interview is for USCIS to determine whether or not you married for immigration benefits. You have to prove to USCIS that she is worthy of a GC. You have to prove that your marriage is a love marriage, not for immigration benefits. You COULD still get a Stokes interview. It IS a serious thing. I could also be completely simple, you don't know for sure but it's better to go in prepared and be happily surprised than go in and have a hard time and not be prepared for it.

[CC90 90]

If you just have an interview for the I-485 after the I-130 is approved, it will be to determine her ability to adjust status.

Your marriage, and the bona-fides of it, have already been done. If it's just an I-485, you may not even be called into the interview.

They will review the statutory bars and determine her admissibility with the I-485 interview; not your marriage. In the cases where an I-130 was approved and the 485 denied, it was due to a statutory bar to adjustment. This can also happen if they discover something wary with the marriage after the fact. However, the bonafides of your marriage are no longer of direct inquery, although they will investigate anything that may come up in the meantime.

I would do everything the notice says, but, if everything you're saying is accurate, it seems like the interview is simply determine her ability to adjust--not the relationship. You may not even be called in.

Edited August 20, 2011 by CC90

[VanessaTony 3,567]

If you just have an interview for the I-485 after the I-130 is approved, it will be to determine her ability to adjust status.

Your marriage, and the bona-fides of it, have already been done. If it's just an I-485, you may not even be called into the interview.

They will review the statutory bars and determine her admissibility with the I-485 interview; not your marriage. In the cases where an I-130 was approved and the 485 denied, it was due to a statutory bar to adjustment. This can also happen if they discover something wary with the marriage after the fact. However, the bonafides of your marriage are no longer of direct inquery, although they will investigate anything that may come up in the meantime.

I would do everything the notice says, but, if everything you're saying is accurate, it seems like the interview is simply determine her ability to adjust--not the relationship. You may not even be called in.

The USC is always in attendance at the I-485 interview. On the interview letter it specifies the USC must be in attendance. I have never heard of an instance where the USC isn't invited in.. well unless they're split up for a Stokes but he's still being interviewed.

[CC90 90]

The USC is always in attendance at the I-485 interview. On the interview letter it specifies the USC must be in attendance. I have never heard of an instance where the USC isn't invited in.. well unless they're split up for a Stokes but he's still being interviewed.

It works a bit differently when the I-130 and I-485 are filed completely separately (i.e. after the I-130/129F has already been approved). This is part of the reason why you didn't even have a I-485 interview. This can be the case when there is an applicant from a low fraud and low security risk country.

An interview is typically required for an I-130 a claim is made based on a spouse. An interview is only sometimes requested for an I-485--and the interviews are made into one when the applications are filed concurrently. The I-485 is solely purposed to find out if the alien is subject to any of the statutory bars to adjust status. The marriage, USC, etc. are no longer applicable at this point.

The I-130 is indeed where USCIS attempts to verify that there is no marriage fraud. If it was just a marriage certificate issue, there would be no reason to have an interview just for the I-130.

The I-129F is very different because it isn't an I-130; that's why there are often I-485 interviews with the USC in attendance in a K-1 I-485 case. This is typically not so for an I-130, though.

Once the I-130 is approved, the USC technically has nothing to do with the I-485; that is the immigrant's application because a visa number was made available based on an I-130. The USC's job is to file the I-130, and then the alien can claim a visa number based on the approved petition.

You'll notice that at the beginning of concurrent interviews, questions are made to determine the relationship--this is the I-130 adjudication.

Then, the IO asks questions off of the AOS application (terrorist, etc.)--this is the I-485 adjudication. They are very, very separate processes, but USCIS makes it bureaucratically easy when a visa number is not subject to a quota.

Nonetheless, all of this is case-by-case. The OP may or may not be called in. My point is simply that the I-485, in this I-130 case, is solely to determine the applicant's ability to adjust. China is always a 100% interview country because of the possible ties to totalitarian parties, which is a statutory bar to adjusting status.

[bigduke 0]

Just a follow up. We had our interview on Sept. 27th. The officer did ask for a few more bona fides about the marriage, but it seemed fairly perfunctory. Since this was my wife’s interview, most of the questions where directed at her. It was all pretty straight forward stuff. Every question was something that was on the I-485 form itself.

After going through a few of these now, I can best describe it as what I would imagine an interrogation with a police detective would be. The officer asks questions and pulls on threads to try to get you off guard, and catch people in a lie. In our case, honesty was on our side.

Today we received her “Welcome to the USA letter”, so… see you again in 21 months.

Thanks again for the insight.

Edited October 1, 2011 by bigduke

[VanessaTony 3,567]

Just a follow up. We had our interview on Sept. 27th. The officer did ask for a few more bona fides about the marriage, but it seemed fairly perfunctory. Since this was my wife’s interview, most of the questions where directed at her. It was all pretty straight forward stuff. Every question was something that was on the I-485 form itself.

After going through a few of these now, I can best describe it as what I would imagine an interrogation with a police detective would be. The officer asks questions and pulls on threads to try to get you off guard, and catch people in a lie. In our case, honesty was on our side.

Today we received her “Welcome to the USA letter”, so… see you again in 21 months.

Thanks again for the insight.

Congrats!!

[Penguin_ie 5,996]

***** Moving from AOS from Family... to AOS from Tourist,... as beneficiary came on a B2 *****

[ceadsearc 516]

Anyone adjusting from a B-2 will have an interview at one point or another. Not having an interview is only for people who come on K-1 visas or K-3 visas whose relationship has already been scrutinized earlier in the process. In this case it sounds like the OP already had an interview for the I-130 and ended up with a second one for the 485.

In any case, sounds like OP had their interview and passed, so congratulations!!!

Edited October 2, 2011 by ceadsearc