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Immigration interview already? I thought we weren't supposed to have an interview until after two years of being married.

Cedar Rapids, IA |

My spouse and I were expecting to have an interview for her green card after two years of being married. Why is the appointment set for one month from now when we just applied for the residency?

Attorney Answers 5

Posted

Hi hope that you are well. Once you file for the marriage petition even if your marriage is shorter than 2 years, you will get scheduled for an interview before an adjudicating officer. If your petition is granted/approved then you will get your conditional residency. That will be good for two year. You will have to file to remove those conditions 3 months before your conditional residency expires. There is some probability that at that point you may be called back for another interview. Hope this helps. Good Luck.

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Asker

Posted

So are you saying that both interviews are to determine legitimacy of our marriage?

Norma Lorenzo

Norma Lorenzo

Posted

yes. you will first be interviewed with the initial petition and after two years you will be interviewed again (some times). if you divorce within these two years or separate you should still file to remove the conditions with a waiver. Good luck!

Norma Lorenzo

Norma Lorenzo

Posted

obviously, the interview will also focus on admissibility issues if you submitted a greencard I485 application concurrently. REGARDS.

Asker

Posted

Thank you so much! I hope that things are going great with you too. Thanks for being empathetic, we can use all the luck that we can get :-)

Posted

This is interview towards your adjustment application. Once approved, you will be granted conditional residence for two years. Within the three months of expiration of the two-year residency you will apply for removal of condition.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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Posted

Thank you for responding so quickly. What should I expect at this interview? Do they want to see if my marriage is real at this interview too?

Tripti Sharad Sharma

Tripti Sharad Sharma

Posted

Yes. The burden is on you to show your marriage is bona fide.

Posted

You thought wrong.

Why is the appointment set for one month from now when we just applied for the residency?
Because USCIS' workload allows them to interview you that quickly.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Asker

Posted

So there won't be an interview in two years or there will be one now and one later?

J Charles Ferrari

J Charles Ferrari

Posted

You will have to apply to remove the conditions on the card. Whether there is an interview then will depend on the strength of the evidence submitted with that application. You really need to retain an experienced immigration attorney.

Posted

First interview for the grant of residency comes right away. After that, if married less than 2 years you get a 2 year card. If married more than 2 years by the time of adjustment then you get a 10 year card. 2 year card can turn into 10 year card if you properly file the I-751. USCIS can choose to interview you again in 2 years if the want to do so. Most I-751 s are not interviewed.

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Posted

I agree with my esteem colleagues. All of them.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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