Is it TRUE or just a HOAX

[nhameed83]

* I am married to US citizen and we are planning to file I-130 & I485 at the cleveland service centre. I was told if we go and file personally there is a possibility my work authorization (I-765) will be approved immediatly. Can some one tell me if it is true or just a hoax.

* I am a student currently residing in Toledo, OH and will graduate by Dec. 2006. I am plannning to apply for adjustment of status somewhere arround Oct. 2006. In order to find a job I might have to move out of OHIO while my I485 app. will still be under process. I dont want to move my file to the other place I goto because this might elongate the process. In this case what do I do?
I plan to give my in-laws address in C/O section so that they keep recieving all the letters from USCIS and forward them to us. I dont mind flying to cleveland for interview or any thing of that sort

[curiousone]

* I am married to US citizen and we are planning to file I-130 & I485 at the cleveland service centre. I was told if we go and file personally there is a possibility my work authorization (I-765) will be approved immediatly. Can some one tell me if it is true or just a hoax.

* I am a student currently residing in Toledo, OH and will graduate by Dec. 2006. I am plannning to apply for adjustment of status somewhere arround Oct. 2006. In order to find a job I might have to move out of OHIO while my I485 app. will still be under process. I dont want to move my file to the other place I goto because this might elongate the process. In this case what do I do?
I plan to give my in-laws address in C/O section so that they keep recieving all the letters from USCIS and forward them to us. I dont mind flying to cleveland for interview or any thing of that sort

No, theres no provision which allows for immediate approval.
If you move youre required to change your address. Its the law. Also, where you live together during the marriage will be asked at the interview. You both will have to also show your drivers licenses...and possibly answer questions about where you live....don't make it any more complicated . Change your address even if it adds a few weeks or months...and it might now......the reverse might also be true..... It might seem trivial now but in my opinion its just not worth risking anyhting.

[nhameed83]

Thanx a lot sir
I really appreciate ur efforts and ur advice have been of great help
A few more issues have popped up, if you could have a look at them and help me out, it would just be great



*"Change your address even if it adds a few weeks or months."

You mean find a job settle down and than apply for adjustment of status?

*>My wife goes to college in Washington DC and currently we arent livin togather We will graduate in december and start living togather than. As I planned I would apply for adjustment of status in Oct. 2006 and three months later get work permit and in march 2007 appear for an interview for my GC. By than we would have lived togather for three months and would have been married for almost 2 years.

What do you suggest? IS this plan sound enough or should I be a little more patient?

*>I talked to one of the immigration services lady a few minutes ago and she said you will not get your work authorization until both of you appear for an interview. As far as I understand You get ur work permit first within three months and arround three months later I485 is approved and you have to appear for an interview. Is that correct?

[curiousone]

Thanx a lot sir
I really appreciate ur efforts and ur advice have been of great help
A few more issues have popped up, if you could have a look at them and help me out, it would just be great



*"Change your address even if it adds a few weeks or months."

You mean find a job settle down and than apply for adjustment of status?

*>My wife goes to college in Washington DC and currently we arent livin togather We will graduate in december and start living togather than. As I planned I would apply for adjustment of status in Oct. 2006 and three months later get work permit and in march 2007 appear for an interview for my GC. By than we would have lived togather for three months and would have been married for almost 2 years.

What do you suggest? IS this plan sound enough or should I be a little more patient?

*>I talked to one of the immigration services lady a few minutes ago and she said you will not get your work authorization until both of you appear for an interview. As far as I understand You get ur work permit first within three months and arround three months later I485 is approved and you have to appear for an interview. Is that correct?

You get your work permit within three months of applying for it. Th einterview is for the Green Crda, not the work permit. You can apply now for the I-130 and I-485. You don't have to live together to do that. Because your'e in school in adifferent state doesnt affect the application at all. You will not be able to control when the interview will be........it could be in March as you predict and it could be as far away as October 2007

[nhameed83]

I know its frustating but immigration laws and my situation are so complex
that it is very hard to adsorb all instruction and advice
I ll be glad if you could please go over this summary and give you concluding comments.

To sum it all up

Situation: Married in JULY 2005 to US cittizen - Currently an International student- Wife n husband goto different colleges in different states( will start living togather from DEC. 2006)- Might have to move out of state to find a job- need work permit befor december (OPT dosent help land a job for international students in most cases)

Desired Action: WANT to file I130 485 and work permit authorizations by OCT. 2006 so that work permit application is approved by DEC. 2006( date of graduation) - If I asssume that processing time is 6 motnhs from time of app. I might appear for an interview in may 2007( so me n wife would have lived togather for atleast 3 months before interview) ( a few ppl think INS would find this fishy).

Do you think this course of action is appropriate. If not what alternative should i adopt.

[curiousone]

I know its frustating but immigration laws and my situation are so complex
that it is very hard to adsorb all instruction and advice
I ll be glad if you could please go over this summary and give you concluding comments.

To sum it all up

Situation: Married in JULY 2005 to US cittizen - Currently an International student- Wife n husband goto different colleges in different states( will start living togather from DEC. 2006)- Might have to move out of state to find a job- need work permit befor december (OPT dosent help land a job for international students in most cases)

Desired Action: WANT to file I130 485 and work permit authorizations by OCT. 2006 so that work permit application is approved by DEC. 2006( date of graduation) - If I asssume that processing time is 6 motnhs from time of app. I might appear for an interview in may 2007( so me n wife would have lived togather for atleast 3 months before interview) ( a few ppl think INS would find this fishy).

Do you think this course of action is appropriate. If not what alternative should i adopt.

As I said , you do not have to live together to file the applications. USCIS looks at the totality of all the circumstances of the marriage. If you were already a student before you got married, and living in a different state, then theres nothing fishy about remaining there another year until you graduate. They will instead look at how often you saw each other, how often you communicated, etc. What would be the value, for immigration purposes, of living together for three months as opposed to 6 or 12 or whatever under these circumstances? None really.
If when you graduate, there is no effort to live together , then thats a different story. Its perfectly reasonable, under the circumstances, to wait until you graduate and start working before start living together, even if its a month before the interview.
File the papers now and live together when its practical to do so. In the interim, make as many viists to each other as you both can and keep proof of those visits as well as your telephone records. Your interview might be six months after but it might be a year too. Be hopeful but patient and if its a year wait, it put syou in a better position as you wont have a conditional green card. Just go ahead now and file the papers. The Service Center where you will send them will be the one for where you and not your wife live.