January 2010 AOS Filers

[kensue 0]

This option is not available for applications for re-entry permits. Applicants filing for re-entry permits must be physically present in the United States when they file the re-entry permit application. -quote from uscis

You Must be in the United States to apply and receive the AP travel document. If it wasnt for this,.... you could come into the US, apply, and then leave until it was approved..... what would be the point? Or am I not understanding here? When you apply for AOS you CANNOT leave the country until you have either the AP or your greencard.

But it is not re-entry it is advance parole

[AAD... 4EVER!!! 0]

But it is not re-entry it is advance parole

I trust that someone will correct me if I am wrong in what all I say:

But the AP is also known as re-entry......

I think you will need to hire legal help if your spouse has left the country and she has no AP and doesnt have the bio done, Uscis is quite clear about the fact that you CANNOT leave the country until you have your AP

[Danu 19]

Several people have recommended talking to an immigration lawyer or USCIS about whats going on and what your options are because none of us can tell you what to do, why its taking long or how to fix it. Asking us repeatedly won't fix the issue, you are going to have to ask someone else or in a different part of the forum if you want the answers you need, but I seriously think talking to an immigration lawyer is where you need to start. The idea of an AP is so you have permission before you leave to let you come back. The only cases I have seen are people who were already approved or didn't leave until after biometrics and had their spouse mail them the card so I really don't know what will happen in your case, but I fear the worst in that you may have to start your visa journey over.

Edited April 1, 2010 by Danu

[Calypso 464]

Isn't kensue the same guy who once wrote that his lawyer told him it would be all right for his wife to leave the U.S. even before the AP is issued?

[menina 50]

Several people have recommended talking to an immigration lawyer or USCIS about whats going on and what your options are because none of us can tell you what to do, why its taking long or how to fix it. Asking us repeatedly won't fix the issue, you are going to have to ask someone else or in a different part of the forum if you want the answers you need, but I seriously think talking to an immigration lawyer is where you need to start. The idea of an AP is so you have permission before you leave to let you come back. The only cases I have seen are people who were already approved or didn't leave until after biometrics and had their spouse mail them the card so I really don't know what will happen in your case, but I fear the worst in that you may have to start your visa journey over.

I have to agree with what the other posters are saying on here that you must have AP before leaving the country, and it would appear that biometrics are necessary for AP. The link that you posted says that the option of getting AP without biometrics is for refugees. Does your wife fall into that category? It also says that the option is not a guarantee but that it is up to the individual agencies overseas. In addition the instructions for AOS state that you should not leave the country before receiving your AP. Was there a compellign reason for your wife to leave? APs are being approved pretty quickly right now. I am confused by your situation and why she decided to leave now. The best thing you can do is get a lawyer right away or else you will probably have to refile for a spouse visa before she can return to the US.

Isn't kensue the same guy who once wrote that his lawyer told him it would be all right for his wife to leave the U.S. even before the AP is issued?

Yes, I believe you are right.

[AAD... 4EVER!!! 0]

Sorry,... double post. Can I delete it?

Edited April 1, 2010 by AAD... 4EVER!!!

[MI.PI 7]

Hello Everyone...Just got back from a trip and was happy to see my Advance Parole in the mail It was issued March 23. I am also happy to see that several of you have succesfully gone through the interview and some have received their green card already. Congratulations I have a question though for those who had the interview...did you have to turn in the Advance Parole during the interview? We have a scheduled trip in the Philippines on May 4 and I might not be able to receive my green card before then as my interview is on April 12 yet, so I know I would be needing the Advance Parole for the travel. I am wondering if it would be possible for me to keep the Advance Parole until such time that I get my green card (which would probably be after I return from our trip).

Fatima, good luck on your interview tomorrow, and to another member from Michigan also (forgot her name), I hope both of you will have a smooth interview and won't be jerked around about the name change issue. I look forward to reading your review. It would help me in my preparation

[Jack B. Nimble 1]

Hello Everyone...Just got back from a trip and was happy to see my Advance Parole in the mail It was issued March 23. I am also happy to see that several of you have succesfully gone through the interview and some have received their green card already. Congratulations I have a question though for those who had the interview...did you have to turn in the Advance Parole during the interview? We have a scheduled trip in the Philippines on May 4 and I might not be able to receive my green card before then as my interview is on April 12 yet, so I know I would be needing the Advance Parole for the travel. I am wondering if it would be possible for me to keep the Advance Parole until such time that I get my green card (which would probably be after I return from our trip).

Fatima, good luck on your interview tomorrow, and to another member from Michigan also (forgot her name), I hope both of you will have a smooth interview and won't be jerked around about the name change issue. I look forward to reading your review. It would help me in my preparation

They didn't ask for it. If they ask for it, inform that you will be travelling before GC is received. They should let you keep it.

[menina 50]

Okay everyone here is our interview review. We arrived maybe 15 minutes early and showed our appointment letter and IDs at the front door. Then we had to go through security which is really tight here. They search your bags and make you take off all belts, shoes, jackets, etc. Very strict, but thanks to other posters on here, I only took a couple of things in my purse. We went upstairs and put our letter in the box. There were maybe 6 other couples waiting there. A man came out and called a name, but no one stood up. He called again, and then he said that was the last call for them and called another name. That couple left with him to another room. Right after that, right at 1 PM our appointment time, another man appeared and called us. I was surprised that we got to go ahead of the other people waiting. He told us that I would be allowed to interpret for my husband and we didn't need to bring our interpreter in with us. I am glad she was there though because you never know how the interviewer will feel. Our interviewer was very kind and made us feel very comfortable. It was like being in someone's home and meeting for the first time. He checked to be sure our addresses and phone numbers had not changed since filing--mostly just verifying the things on the forms. He also asked the standard questions we answered on the forms about being arrested, terrorist activities, etc. He joked with us alot. Then he asked to see our marriage certificate and if I would like to show anything as relationship evidence. I gave him a copy of our rent agreement, joint bank accounts, gym membership, and joint health insurance. He was impressed that my husband already has a SSN and a state ID. Then he asked to see our albums and made lots of nice comments about our pictures. After maybe 10 minutes in the room, he said that all of our paperwork was in order and that our case would be approved later that day. My husband with his limited English expressed how appreciative he was of the kind way in which we were treated. The interviewer looked surprised and said that of course he wanted my husband to feel welcome in the United States and not nervous about the interview. All of the questions felt very natural to us and easy to answer. He seemed genuinely interested in us and not for the purpose of trying to trip us up or anything. It was very relaxing after all of the stress of trying to prepare. All of the reviews and information from VJ have been invaluable to us. Thank you everyone, and good luck to those still waiting!

[Andrelle 1]

We were approved at our interview today!!! I will post a full review later, but everything went smoothly.

Congratulations!!!

[menina 50]

Congratulations!!!

Thank-you everyone for your good wishes! Our review is posted now.

[Noah&Diah 2]

Thank-you everyone for your good wishes! Our review is posted now.

Thanks for the review menina! We have our interview in San Jose tomorrow and I was a little nervous. Looks like yours was pretty easy in San Jose. Thanks

[Calypso 464]

Congratulations once again to you and your husband, Menina!

Thanks for the review menina! We have our interview in San Jose tomorrow and I was a little nervous. Looks like yours was pretty easy in San Jose. Thanks

You have the best of our intentions for your interview.

[F & J 21]

Hi everyone!

We got to the USCIS office about 10-15 minutes before our scheduled appointment (8 AM). We went through security check - had a bit of hold up because of my compact mirror (it was a birthday gift from my brother's fiancee - I guess it beeped because it was made of metal) - even the security personnel were wondering because I had nothing else in my purse; just our passports, my planner, wallet, pens, lip sunscreen and house key. I took out the mirror and they put my purse through the machine again and it cleared. After that we went to the reception desk and we were told to go through the automatic doors and drop our interview notice in the tray in Window 8 and wait for my name to be called. We waited for about 45 minutes. About 4 people who came after us were called before we were. One man was called but his wife wasn't allowed to come in with him. My hubby and I thought that they interviewed couples separately but when the IO called my name, my hubby went up to him and asked if he could come and the IO said, "The more the merrier!" I guess the other man was on a different visa? There was also a family of five who all went in together so I'm not sure. Or maybe it depends on the IO?

We went in to the IO's 'office' and my hubby asked, "Should I close the door, sir?" and the IO said that we could leave it open because he was a bit claustrophobic. He was really pleasant! The first thing he asked us was, "So, you got married in Vegas?" and we smiled and said yes. He asked if we had a nice time and we said for sure. He asked if we gambled - my hubby told him about how he placed a bet on the Steelers preseason game and won. The IO asked if my hubby grew up a Steelers fan and Jim said it was hard to be a Lions fan (the Lions being the worst team in the NFL). I said we rooted for the Vikings all year and the IO laughed. Jim added that we just didn't tell anyone about it. LOL. The IO asked us if we had any plans for Easter and my hubby answered that we'd probably go down to my mother-in-law's. I also added that my sister-in-law might have something planned. The IO said he was planning on just watching basketball. My husband asked about how his bracket was and the IO said it went bad fast (same as my husband, after the first round, a lot of his teams were eliminated). I said at least Michigan State made it to the Final Four! The IO said, "There's something to cheer about!" and we all laughed.

At some point during that conversation or maybe after (I can't remember), the IO asked us for my passport and our marriage certificate (I asked if he wanted my husband's too but he just wanted mine). He took my I-94 and punched a hole through it and kept it (with my file? I can't remember either, LOL - Jim said that they even use the same folders that the military uses - all of the papers were fastened together in one brown folder). He asked me my full name, birthdate, country of birth, asked if we had any children. He went through all the questions in the I-485 to which I answered "NO" - I believe at one point, when asked about ever being deported, I added that it was my first time in the U.S. - he encircled all my answers on the I-485 with a red marker. Then he closed the folder, took a yellow post-it, stuck it in front of the folder and wrote I-485 on it. He handed back my passport and our marriage certificate and he said, "Congratulations Fatima, you are now a Permanent Resident!" He said he didn't have anything to give me right then and there that says I'm a permanent resident because it takes them about two weeks but we should have my card in the mail very soon. He didn't ask for my EAD or AP or anything else. He said that since we've been married for less than 2 years, I'll get the 2-year conditional green card and within 90 days of expiry, we have to file another application (I-751). Jim asked if we'd have to go back to the office for another interview for that. The IO said that files get pulled out randomly and lately interviews have been increasing but as long as our marriage looks good on paper (all the stuff we send in for the I-751), we'll be fine.

The name change issue didn't come up but Jim asked anyway. The IO explained that they go by the Birth Certificate. What he could do was use

my first name as in my birth certificate (I have two first names) then drop my middle name completely and just change my last name to my husband's last name - I'd just be one of those people with no middle name. The other option was to keep my middle name from birth (mother's last name) and change my last name to my husband's name. No matter what, I'd still have two first names. The IO said that most people from the Philippines opt for the first one - no middle name but I opted for the 2nd one. The IO put it in the system that I'll be keeping my middle name. He said it's not really a big deal because when they look me up in the system, they'll just look at first name and last name. The middle name isn't really that important. And we can still change it when we file the I-751. Then he and my hubby got to talking about naming conventions for other countries and how it must be difficult. The IO laughed and said, "We manage."

I asked if he needed the certified copy of our Marriage Certificate and he said copies were all they needed. I asked him again if he needed anything else from us and he said, "No, too much paperwork already!" LOL. We had a huge folder with all our documents (copies) and a paperbag with all of the originals as well as 2 photo albums but he didn't ask for anything. I guess we'll save those for the I-751

He walked us out the door, through the hallway and even opened the outer door towards the waiting room for us. His parting words were, "If we don't see you again, that will be a good thing." (something like that) "It was nice to meet you!"

All in all, I'd say the actual interview regarding the I-485 lasted no more than 2, maybe 3 minutes? We were in and out so fast! It was really great experience! ^___^ We had a really nice IO.

Jim and I spent the drive home smiling and laughing. We listened to an audiobook but I fell asleep...LOL. He had to go to work for the afternoon but we'll be celebrating tomorrow night (we rented a movie and plan to just relax at home...) then Saturday, we'll be going to my sister-in-law's. ^___^

Thank you so much for the messages yesterday, wishing us luck and for all the prayers!!! You've all been so wonderful!!!

* About an hour after our interview, I received an email!

On April 1, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.

Edited April 1, 2010 by Fatima and Jim

[Markieboy 104]

Congratulations, Fatima! Wonderful news!