British Expatriate Network

I'm in the process of permenant residency, and I just got my letter to go and get my finger prints taken, can anyone tell me how near I am to completion, is the finger prints the last thing before the interview?
I'm just trying to work out how much longer I have to wait.
Thanks.

I think I did my fingerprints a short time AFTER that but I can't remember. Anyhow, it was pretty much near the end. Then after the 2 years, you'll have to apply for removal of conditions which will then lead to another interview followed by a 10 year card.

It was about a month between fingerprints and interview for me so I would guess your interview is imminent.

Assuming this is marriage based? We did our fingerprints two years ago and are still waiting, but do not expect to be interviewed as it it work-based.

Yes it's marrage based, it's already been just over 2 years since we filed.
I'm hoping this is it!

Ours was work based and ours was completed about 18 months after fingerprinting. We didnt have an interview. Got our Green cards early this year.
Mandy

The thing about marriage based when mine was processed was this

INS (as was) had to grant full, permanent residency if you were approved (attended and passed interview for marriage based application) and it was more than two years since you were married.

I got married here in April 1998. The application for adjustment of status went in late summer of 1998. September of 1998 I got a work permit and travel permit and then nothing happened until March 2000 (obviously I had to get the work permit renewed after a year).

In March of 2000, I was called for fingerprinting and then about 3 weeks later I had my interview. I was then given conditional permanent residency for two years which was later to prove problematic but is dealt with now.

It was pointed out at my interview that I was only about 8 days shy of not needing conditions applied. It is my belief that they "flag" events like this, so that it isn't allowed to slip through the cracks. I suppose if you just waited two years and then applied, the conditions would not be applied but that's no use if you are wanting to work legally and settle in.

I filed in Aug of 2001, so to date, it's been 2 years 4 months, from what you say, you were 8 days shy, so surely I'm way over that, right?

I'm not the most knowledgable about all this, but I thought the conditions were already on you from when you first file, can anyone enlighten me?

This is what the BCIS says:

Your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or receive adjustment of status. Your permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States.

If you are in the US on a fiancé visa or as a tourist, you have to file AOS before the three months is up; you don't have to apply for an EAD or AP if you don't need to use them.

It's just bad luck if you have your AOS interview just before the 2 year point. I don't think they are clever enough to flag your file to make the interview for a specific date.

You don't have a green card yet, right? You are still in the AOS phase, and this can take anything from 0 - 4 years depending on the BCIS office. When the interview takes place after your 2nd wedding anniversary, the green card you get does not have any conditions attached and you are done with the BCIS. If the AOS interview takes place anytime before your 2nd anniversary, the permanent residency status you get is conditional and the green card expires 2 years later. You have to go through a similar interview to remove the conditions just under 2 years later.

Wow thanks for the info, since I've been married over two years, I fall into the latter. To follow up, to make it clear.......I'm planning on going over to the UK for a visit around March/April, providing things are completed immigration wise, so once I'm finger printed and given my card, I can go with no troubles? or is there still something I have to file, this will be important, because time will not be on my side, and March is the only time of year when it's best for us.
thanks for any help.

At your AOS interview, all being well, you will receive the I-551 stamp in your passport. This is the same as a green card, and will be good for a year or until you receive your green card, so you will be able to travel from then.

If your interview still hasn't come through, you can get Advance Parole ($100 or so), that will allow you to travel. You would need to check the AP issuing procedures at your local BCIS office, as some places take a month to issue this, although there are usually always emergencies procedures too - and it always has to be picked up in person, I believe.

If your AOS is taking a lot longer than the time projected in the NOA you received shortly after filing, you have a right to query your case status, and to involve your congressman.

I planned to go this year, and filed the advance parole form, paid up and got it but later found out that between coming over and filing for AOS, I was here 'illegally' for a few days (and I really do mean a few days, less than a week, a silly error on our behalf), which they said would give me problems getting back into the states, thats why I'm pinning my hopes on completion before March/April. As things stand right now, I pretty much can't leave.