AOS for K-1 Visa Questions

[Oscar and Natalie 0]

Hello VJ,

My wife (Peruvian citizen) and I recently got married on 06/18/2011 (after she entered POE Ft. Lauderdale on 06/15/2011). We sent the full packet (I-485, I-131, and I-765) on 10 July 2011. NOA1 was received confirmed for each of the aforementioned applications on 2 Aug 2011 (Each NOA1 dated 29 July 2011). We received our biometrics appointment on or around 02 Aug 2011 (scheduled for 30 Aug 2011). We have since completed the biometrics appointment and are awaiting further processing.

I'm fairly sure that we have included each and every necessary item to accompany the packet, which in most cases decreases the chances of receiving an RFE, but as is the mantra with this process: "You never know". I have kept an open mind throughout this process, and have always been thorough and calculated with everything that has been submitted for my wife.

Today, we reviewed our case on "check my case status" on www.uscis.gov, and today showed the following message:

On September 7, 2011, we transferred this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our CALIFORNIA SERVICE CENTER location for processing and sent you a notice explaining this action. Please follow any instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

As I understand it, this application was at the Midwest Service Center in Missouri, but as of today has been forwarded to the California Service Center for further processing (IE background checks, etc.), and it's possible it was transferred there due to a backlog of applications at the MSC.

Additionally, I am in the Armed Forces, and submitted a request from my boss to expedite the review of the case due to an upcoming deployment which would be in the best interest of my branch of service, and therefore the US Govt. This of course is based on the fact that I (the US citizen, Armed Forces member) would endure great hardship deploying while this process is running it's course. After all I would be in a deployed environment worrying about my wife here at home, who is still experiencing the culture shock of living in a new country. This of course only being the second time she has been to the US (previously on a J-1 Visa). Our plan was to have her travel back to her native peru after receiving the green card in the mail (ideal scenario: she receives her GC, and then travels before I ship out).

My question, what is the likelihood that this application would be expedited due to the circumstances stated? What is the next step? How soon could we expect to see a notification of appointment for an interview at our local USCIS office? Any help, or opinions, or comments is greatly appreciated.

Thanks,

Oscar and Natalie

[JimVaPhuong 4,863]

You will probably not be scheduled for an interview because your case was transferred to CSC. Most cases that go to CSC are adjudicated without an interview. Many people get two transfer notices - the first saying it was transferred to CSC and then a generic notice saying it was transferred to a local office. Don't worry - this is normal.

The chances of getting an expedite are good if you're actually being deployed soon. That may have contributed to your case being sent to CSC. My guess is you'll probably be approved soon.

After your wife gets her green card make sure she doesn't leave the US for more than one year without first getting a reentry permit.

[Oscar and Natalie 0]

She will just be traveling and will be gone for less than 6 months. Which is the length of my deployment. Is it really possible to get approved for a marriage based AOS (Entered as K-1, then married American citizen) without having to go through an interview? It was always my understanding that all went through an interview prior to issuance of green card. Then again, I guess some interviews are required after initial review may turn up some fraud indicators and/or concerns regarding the intending immigrants situation.

Thanks for the reply! I'm learning everyday with this process.

[JimVaPhuong 4,863]

She will just be traveling and will be gone for less than 6 months. Which is the length of my deployment. Is it really possible to get approved for a marriage based AOS (Entered as K-1, then married American citizen) without having to go through an interview? It was always my understanding that all went through an interview prior to issuance of green card. Then again, I guess some interviews are required after initial review may turn up some fraud indicators and/or concerns regarding the intending immigrants situation.

Thanks for the reply! I'm learning everyday with this process.

K1's often don't have a green card interview. There is a presumption by USCIS that the relationship was properly vetted by the consulate before the visa was issued.