Green card questions

[mari]

My dear friends: today Qisheng reminded me that he's been in USA for 4 months now. So far, so good......... even though married life is not a piece of cake, especially in our case where there are so many differences in the way we react to some situations (latin vs chinese culture). But despite this, I feel so proud of him: he already got his drivers permit, got a good job at a medical equipment company, repairs equipment in his spare time and now we're looking into opening a business, and he is a great husband and has a great sense of humor, which is one of the characteristics that I most admire in a human being. We always try to go to bed with all pending arguments resolved, this has been our little secret for success.... Recently his mom was admitted to the hospital for a heart condition and we were very scared as we did not applied for Travel Authorization at the time we filed for AOS. Luckily she is now home and feeling better, and I wonder if we should apply for travel authorization or just wait until he gets his temporary residence. I got some questions to ask: 1-) What's the purpose of the AOS interview, issue the temporary or the permanent residence? If it's the temporary, is there any other interview needed for the permanent residence?

2-) When does the person receive the stamp in the passport, when temporary residence is granted?

3-) Does it allow the person to travel to China without travel authorization?

4-) When is the permanent green card issued?

Thanks for the help.

Edited October 6, 2005 by mari (see edit history)

[frank1538]

I'll take a stab at this.

 

The principal purpose of the AOS invertivew is to validate the marriage as bona fide. Upon the successful conclusion of the interview, the alien's passport will likely be stamped with an I-551 stamp indicating the he/she is now a legal permanent resident. The actual green card will arrive in the mail later - hopefully before the stamp expires (If I recall, the stamp is good for a year). Depending on the length of marriage at the time of the AOS interview, the actual green card will be either a 2 year or 10 year card. If the green card is of the 2 year variety, your spouse will have to file to remove the conditions 90 days prior to the expiration of the card. I don't think a second interview is required. Once the conditions are removed, your spouse will receive a 10 year green card.

 

The I-551 stamp, the 2 year green card, and the 10 year green card are all evidence of being a legal permanent resident of the United States. As such, your spouse will be able to travel outside of the US and return without the need for any advance parole or other document. And, as a legal permanent resident, your spouse will no longer need an EAD.

[mari]

Thanks Frank and Don, why consult a lawyer when you guys are there? For what you posted I conclude that the couples who get the interview close to the end of the second year of marriage should get the 10 year green card. I guess that most of us will get the interview faster than that and get the I-551 stamp instead, right? Do most people have their security checks done when the AOS interview comes up? If it's not done, then what's the purpose of the interview if you will not get a stamp at the time??? My point is that they should not schedule an interview without the security check being done. What are the requirements to remove conditions, that the couple is still married?

[Stats]

You pretty much got it, Frank. I'd only take exception that: the I-551 stamp after the interview is only possible if the security check has been completed, a 50/50 chance; and the interview for removal of conditions is more likely than not.

158873[/snapback]

I agree with you Don. I am in the security check black hole since a July interview. A friend has been in it since January.

 

I tried an inquiry today @ 1-800- WAIT & SEE. We'll see what happens, actually their inquires have helped in the past.

 

At any rate, Don is right, the stamp at the interview is a "roll of the dice". Maybe it is because the last name is Chen, only of few hundred million of them in the world.

[mari]

CHEN!!!!!!!!!!!!!!!!!! Oh, no..... this is our last name. Not the security check black hole again... please, please.......

 

Don mentioned a 21 month period to remove conditions after card issuance, this is scary. I thought it was 21 month after marriage.

Edited October 9, 2005 by mari (see edit history)