i130

[Colin Archer 0]

I'm sorry, I can't help you then. Maybe someone else can try.

Normally, a person with an in-country spouse will file Adjustment of Status with a concurrent I-130/I-485 petition. They file a whole slew of forms, including affidavit of support and a medical. The process takes a few months and there is a joint interview at the end.

People with spouses out of country will file a stand-alone I-130. The petition takes about 5 months to be approved and then it will go to the National Visa Center, where the petitioner will send in an Affidavit of Support. Then once that is approved the packet goes to the US embassy in the spouses country and the spouse does a medical and an interview.

Sometimes, when USCIS suspects fraud with a stand-alone I-130 petition, they will schedule a pre-interview with the petitioner, and scrutinize the marriage to decide if they should approve the petition. This appears to be what you are doing now, which is totally the wrong process, and why some people here think you are suspected of fraud. You think you are supposed to submit an affidavit of support at this interview you are having. Something is seriously wrong here. You say you have been waiting 14 months. That alone is a major problem. I tend to think there are serious details you are leaving out, or that you do not understand which has jeopardized the process.

People have asked you here about your case, and you appear sarcastic. We still don't know what you filed, how your spouse previously abandoned PR status, how she got back in the country, etc. These important details will help us help you.

You can bring a horse to water, but you can't force it to drink.

I do appreciate your help and i apologize if i came across as sarcastic,it was not my intention,my only concern in my first post was that this was taking a long time for some reason,however now that i have the news of the interview all is well,i would say i just submitted the wrong form for my situation or not enough forms.I can assure you and anyone else who may have been reading my posts their is nothing sinister or fraudulent in any of my dealings with the uscis or anybody for that matter,once again thanks for your time

[gtess01 0]

The processing time is WAY off, but the interview is very normal.

when I started the process it has been almost 1 year, and now

My wife has been waiting for 4 months to be schedule for interview...are you saying it is normal....NVC is saying the US emabssy at Addis Ababa is busy and can not able to schedule for interview we are right now very very frustrated about it...please why they are so late to schedule for interview...if you know it. thanks.

Edited August 26, 2011 by gtess01

[CC90 90]

There is nothing wrong or incorrect about submitting a stand-alone I-130 even if the immediate relative beneficiary is in the United States and plans on adjusting status. It is just simply very inefficient considering that USCIS allows you to file the I-485 concurrently. The OP could have saved a good 5 months.

The OP's interview is the normal bona-fide marriage interview, but only that relationship will be in question--and not the beneficiary's admissibility to the US as with the I-485. Once the I-130 is approved, he will send in the I-485 by itself. After this, there will likely (not always) be another interview just for the applicant (i.e. the beneficiary of the I-485) to determine admissability only--not the marriage. The interview notice the OP received is not a fraud interview; it is the normal joint bona-fide marriage interview since his wife is in the US.

Edited August 26, 2011 by CC90

[gtess01 0]

Please contact your local senator/congressman as 14 months is VERY abnormal. FOUR months is normal, 7 even, but not 14... i'd say they've lost your packet... these things do expire.. hope it hasn't.

question for you my wife has been waiting for interview for 4 months..I do NOT know if it is normal..but do you think local senator/congressman can do somtiong about it...If you do know something please let me know or you can email to me girma870@hotmail.com

thanks we are really frustrated about it especally her....thanks for you help.

Edited August 26, 2011 by gtess01

[CC90 90]

question for you my wife has been waiting for interview for 4 months..I do NOT know if it is normal..but do you think local senator/congressman can do somtiong about it...If you do know something please let me know or you can email to me girma870@hotmail.com

thanks we are really frustrated about it especally her....thanks for you help.

Post a new thread. We don't even know what visa you're applying for.

[Colin Archer 0]

There is nothing wrong or incorrect about submitting a stand-alone I-130 even if the immediate relative beneficiary is in the United States and plans on adjusting status. It is just simply very inefficient considering that USCIS allows you to file the I-485 concurrently. The OP could have saved a good 5 months.

The OP's interview is the normal bona-fide marriage interview, but only that relationship will be in question--and not the beneficiary's admissibility to the US as with the I-485. Once the I-130 is approved, he will send in the I-485 by itself. After this, there will likely (not always) be another interview just for the applicant (i.e. the beneficiary of the I-485) to determine admissability only--not the marriage. The interview notice the OP received is not a fraud interview; it is the normal joint bona-fide marriage interview since his wife is in the US.

Thanks for that,like i have said im very happy just to have heard something from them,something that seems to be moving forward at that.

[CC90 90]

Why it took 14 months, however, is another matter. You may have checked an incorrect box that misrouted it within the bureaucracy. Alternatively, there could be some questions about the relationship.

[Colin Archer 0]

Why it took 14 months, however, is another matter. You may have checked an incorrect box that misrouted it within the bureaucracy. Alternatively, there could be some questions about the relationship.

I have no idea why it took so long if there are any questions about the relationship we will answer them at the interview.I first filled two weeks after we got married but did not include any evidence to back up co habitation as i mistakenly did not think that was required at that stage.My app was promptly denied and rather than appealing the decision i just filed again but this time with all the required evidence and more.Maybe that had something to do with the delay

[CC90 90]

I have no idea why it took so long if there are any questions about the relationship we will answer them at the interview.I first filled two weeks after we got married but did not include any evidence to back up co habitation as i mistakenly did not think that was required at that stage.My app was promptly denied and rather than appealing the decision i just filed again but this time with all the required evidence and more.Maybe that had something to do with the delay

Why didn't you tell us this??

It's unlikely that it was denied just because you didn't include something. What were the exact reasons for the denial? Was it without prejudice?

[Colin Archer 0]

Why didn't you tell us this??

It's unlikely that it was denied just because you didn't include something. What were the exact reasons for the denial? Was it without prejudice?

yes,it said lack of evidence,which was correct as i did not provide any evidence other than the marriage cert

[CC90 90]

yes,it said lack of evidence,which was correct as i did not provide any evidence other than the marriage cert

Was it "rejected" or "denied"? There's a big difference. If it was denied, was it with or without prejudice?

[Colin Archer 0]

Was it "rejected" or "denied"? There's a big difference. If it was denied, was it with or without prejudice?

oh i cant remember to be honest,what is the difference and what do you mean with or without prejudice

[Colin Archer 0]

oh i cant remember to be honest,what is the difference and what do you mean with or without prejudice

ok i just looked it up.I doubt very much if it was denied with prejudice just for not submitting evidence of co habitation,that seems a bit harsh.

[CC90 90]

oh i cant remember to be honest,what is the difference and what do you mean with or without prejudice

You can't remember? What did you do with the papers?

[milimelo 4,467]

Moving to AOS from tourist, student, work visa as it doesn't appear OP's wife came in on K1 visa.