How strong is my case

[ontheway 0]

I am an F-1 student. My wife is a US citizen, we have a 1.5 year old boy. I met my wife in 2008 and we got married about 5 months afterward in March 2009, i was in school then, untill August 2011. I have been in the US since Nov. 2004, and have been in good academic standing, in status. I filed for AOS in OCT 2011. We received three letters from USCIS a week later, one for biometrics appointment and two receipts for EAD and AOS. I have been through the biometrics on NOV 4th 2011.

I do not have a Social Security Number.

My questions are as follows.

1. I applied for AOS, more than two and a half years after being married to a USC, while being in the US legally and in status, does that affect my case? Primarily because i just didnt have the money for it, i could pay a semester's worth of tuition with it, which i did, and when school ended and i had to pay no fee, i decided to apply for AOS.

2. My wife does not currently work, but my uncle is a co-sponsor with $85k a year salary, does her not working cause an issue, will they ask how we're paying our bills and rent? I have largely been supported by my family through the years and some times people dont believe that we can support ourselves without working unauthorized.

3. When i receive EAD, can i immediately start working and supporting our family? And is it true that working unauthorized while married to a USC is forgiven?

4. My wife received Medicaid while she was pregnant, does her being on medicaid affect the case?

5. Lastly, we've been living at the same address for the past three years, we have car insurance, bills, bank statement, photos. We did have a formal wedding, only her parents were there, because mine were back at home at that time, but we did have a small reception where my parents and most of her family were there. Is there proof enough to get us through.

I talked to my consultant and she seems on the up and up about my case but i am jittery over it.

[CC90 90]

Your consultant (?) is right; absolutely none of what you said is a problem. In fact, being married over two years will entitle you to condition-free status.

Your wife, as a US citizen, is 100% entitled to Medicaid; it has absolutely nothing to do with your case. And certainly don't bring it up at risk of confusing them.

If you worked illegally, it will not prevent you from adjusting.

The only thing I didn't get from your post is if you also filed an I-130. If so, look forward to being a permanent resident in the near future.

[Bobby+Umit 161]

If you worked illegally, it will not prevent you from adjusting.

I would be very careful in this statement - it really depends on the way a person worked "illegally"

If he used another persons SSN or claim to be an USC - this could stop the process or introduce some significant delays.

[CC90 90]

Yes, that would be an issue. However, using someone else's SSN is not part of working illegally; rather, it would fall under the CIMT inadmissibility for aggravated identity theft and perjury. That is, it doesn't have anything to with having worked.

[Soapz 14]

1. Like cc90 said, you have been married for over 2 years, which will mean that any green-card issued will be for 10 years instead of 2, no application to lift conditions necessary.

2. You have a co-sponsor with sufficient income - he will be the one held responsible for your financial needs. (when you go to the interview you might want to take anything that shows the support of your family - it can't hurt to have a few papers that show these transactions).

3. Unauthorized working will be forgiven if there is no "Crime involving moral turpitude" - or CIMT involved - details can be found here: CIMT. If you haven't done any of this - no sweat. If you did, consult a lawyer - that's something I don't know about - or wait for someone else to answer.

4. Medicaid: Your wife is the qualifying recipient - it has nothing to do with you. As a foreigner you are not entitled to receive this kind of benefit and you didn't. If you are not asked about it, don't mention it - it's irrelevant.

5. In regards to the interview go with: "better safe than sorry." Bring pictures, invitations, RSVPs, e-mails, bills, invoices, insurance papers, whatever you can think of. I assume most people bring way more than what is actually needed on the off-chance that they ask something inexpected.

I've been collecting everything imaginable, put it in folders, tagged everything to make the upcoming interview as painless as possible. You do want to bring a whole set of copies of your application and everything you submitted with it. Also, bring originals of documents like wedding license, birth-certificates, driver's license, passports, and so on.

Don't run yourself ragged over this. Stay calm, have your stuff put together so you know where everything is, treat it like a job-interview (kind of... ;-))