All you need to know....
Disclaimer: Because people are stupid, I have to state a disclaimer despite trying to help people. As you can see, I’m an informed person and not an attorney. This is not legal advice. I assert that the information provided is true and correct. However, these tips will help you in your efforts.
Like the circle of life, the internet is a constant cycle of information being downloaded and uploaded. If there were more people downloading than uploading, then, the content would always be sparse. I encourage you all to always give back and provide social responsibility. It is you, that will keep this cycle that is the internet always turning.
Here’s my review of my recent immigration interview. In April 2010, we were mailed an appointment to come in and have the dreaded immigration interview in 30 days. I knew this day would come but, it came faster than I thought because I filed in for my husband in December 2009 (See Tip #1). I have to say, they have really stepped things up at the USCIS, or at least in terms of speed and professionalism. I will get into the other issues later. For years, we had been preparing for the immigration interview. We downloaded some potential questions and started practicing them. It was kind of fun because it allowed us to get to know each other even more. After receiving the letter, we went down the checklist and started checking off items the USCIS already had and items they would need from us (See Tip #2).
It was sunny morning when both my husband and I entered the immigration office. We are given a number and sat and waited until it was our turn. We saw various couples who entered separately behind the closed doors that awaited us and thought that’s how they would interview us. When it was our time we both entered and fortunately we were not separated nor questioned individually. The lady that interviewed us has been doing this job for 20 odd years and seemed very friendly and made us feel comfortable. The questions that she asked were as follows:
What is your mother’s first name?
What is your father’s first name?
Where do you live and what is your address?
Have you been living at this address since you arrived?
Whom do you live with?
When did you two meet and where?
How long have the two of you known each other?
Why did it take you so long to start the relationship?
Are you pregnant?
Do you have any children together?
Do you have a degree and what did you study?
Are you working, where and what do you do?
Is that what you wanted to do?
Were you previously married? If so, do you have a copy of the divorce?
Do you have your original birth certificate with you?
How many times have you been to the US?
How many times did your spouse visit you in your country?
Where did you two get married?
Who was present at the wedding?
Do you have any pictures of the wedding?
Do you have any other pictures taken together?
Is there one car between the both of you?
Do you have a credit card?
Do you have any mail coming to you that have on your address?
What is your full name?
What is your date of birth?
Where were you born?
Our file was missing the medical records which were sent to another office (Tip #1). Additionally she told us that my needed to get a background check clearance from the Police Station from the County which we reside and gave us time to leave the office and return because my husband’s finger prints were not registering properly on the digital scanning machine. Upon our return, we were told verbally that my husband’s permanent resident status was approved and she stamped his passport accordingly. She also retained his work authorization card, travel documents and expired I-94 card. We signed some more documents and then we were able to leave.
Tip #1: Always, always make copies of anything you send to USCIS. This includes all of your original filing paperwork. At the interview, they did not have our original paperwork and were somewhat disappointed that we did not have it. You must file the following to start this process: I-130 (marriage), I-485 (Adjust Status), G-325A (Biographical), I-864 (Financial support and must make 125% above the federal poverty guidelines if non-military), I-765 (Work Permit), I-131 (Travel / Advance parole), and the I-693 (Physical/Medical Examination by a qualified U.S. Surgeon General listed on the USCIS website). Always mail any and all documents via certified mail and return receipt so you track if it was delivered. The fees are at the time of this writing:
A) I-130 = $355.00
B) I-485, G325A, I-864, I-765, I-131 = $1010
=$1365.00 (Total. 2 separate checks must be mailed. Checks must be made payable to the Department of Homeland Security.)
C) Medical exams should range anywhere from $300 - $150
You must send a both birth certificates of the petitioner and applicant, 2 passport photos of the applicant, 2 months worth of bank statements (joint account for best results), the last 2 paystubs of the petitioner, and a copy of the applicant’s identification such as an international driver’s license (best choice). There is an unknown caveat as to which tax returns to send. I will show you how to not get any unnecessary delays. If you are filing for your spouse in the months of January – April, you must include the prior year’s tax return. For example, if you file January 20, 2010, you must file your 2009 taxes and mail them in along with your paperwork. You must provide at least 3 years of tax returns if you are following this equation and all of your income on line #22 of the 1040 must be over 125% of the federal poverty level which equals to $18,212.50 for a family of two at the time of this writing. Just a side note on the federal poverty guidelines, if you are slightly below, they will look at your assets and your spouse’s assets as well in order to make a determination. If you do not follow these instructions, a yellow notice from the USCIS will be mailed to you vaguely requesting your latest tax return. I stress the word “vaguely” because it was poorly written and was a very generalized (cookie-cutter) notice. I searched online for the answer and nobody had the freaking answer! Luckily, I had an immigration lawyer friend to run some things by. Ah, lawyer, the perfect segway. Please see tip #3.
Tip #2: The minute you get your appointment, start preparing immediately. Work on the check off list, use my list of questions, and start gathering documents in the first 2 weeks. Always use a classification (medical file) to sort your documents and turn them into the interviewing officer. Remember, this is a government agency and the file folder of choice is a classification file folder. All papers must be hole punched at the top so, that they can fit in this type of file. The more you look prepared, the better for you and your interview will run smoothly. Lastly, divide your classification folder into different sections: (A) Bank Statements (B) Tax returns (C) Emails (D)Phone records (E)Chat logs (F)Photos (note on photos, make sure you put them in a PowerPoint presentation or write a synopsis of each scene) (G)Miscealleous stuff(Divorce papers, child custody papers, pregnancy related items if any) (H)Governmental stuff (Marriage certificates, birth certificates, passport copies, police background check from the county you live in, and original documents sent in with the initial application). Also include a chain of custody sheet and have them sign off that they received these items from you. This is the ONLY way to protect yourself just in case they deny your application despite having a legitimate marriage.
Tip #3: (Lawyers/Attorney) I highly recommend that none of you hire an attorney unless you are too lazy to call the USCIS and read articles like mine. Call this generalizing but, I darn you to prove me wrong: The only people who hire attorneys are people that are too dumb to research this process, it is a fixed marriage, or there is something really wrong with their paperwork such as arriving here illegally. Even, if there is something wrong with your paperwork like being out of status, that’s okay as long as you are filing a spousal petition within a reasonable time. Hiring an attorney is the WRONG choice because I am not the smartest person but, I was able to ask questions, read online, and fill out the paperwork with no problem. Heck, even George W. Bush has better grades in college than me so, that should tell you something. The paperwork to file for a spouse is really, really easy. Just fill in all of the blanks. If it doesn’t apply to you then, write in N/A. You do not need to hire an attorney to help you fill out paperwork or go with you to the immigration interview. The immigration investigators are not asking you what the equation for matter and anit-matter is. They’re asking you, “What side of the bed do you sleep on” and stuff like that. Lastly, although my attorney friend clarified the yellow notice I spoke about earlier, he also gave me some misinformation as well. For example, he told me that it was better to wait 6 months and file my husband’s paperwork. This is simply not true. Don’t believe me, then call USCIS. When the investigator asked me, “why did it take me so long to file?” I answered, “Because my attorney friend said to wait 6 months or the USCIS will think the marriage is suspicious.” She busted out laughing and said I was sorely misinformed. This is so true because if I had file for my husband, it would be less time for him to wait and get his conditional status removed from his green card. I hope I have made my point on this subject.
