Hi all,

Don't know if anybody here is an expert on this but it seems the most applicable forum.

We filed our I-130 and AOS concurrently, and just got an interview notice for June 3rd. I'm very excited, but slightly annoyed at the timing, as our second wedding anniversary is less than two months later so my understanding is that if my AOS gets approved on the spot I'd get a 2-year greencard and have to go through another round to remove conditions whereas if it gets approved a few weeks later I'd get a 10-year card right away. I could have filed later but needed to get out of my H-1B by the summer so I can switch jobs.

In your experience, do applicants usually get approved during the interview and is that the operative date for getting the 2-year or 10-year card? Is there any point in asking the interviewer to delay approval until after the wedding date or is that a risky strategy? My EAD has been approved and I should be getting AP around the time of the interview so as far as I'm concerned I can work and travel and it shouldn't be a problem to wait a few more weeks for the actual greencard. I guess I could try to reschedule the interview but without a very good reason that seems problematic.

I don't mean to be whiny-- I'd rather get the approval and have to go through some hassle in two years than run into the obstacles some others have encountered, but it would be nice to avoid the removal step if there is an easy and legitimate way to do it.

What date is your interview? Are you sure you don't already have something planned for that day and might need to reschedule the interview for a later date?

[quote name='carpe diem' date='Apr 23 2008, 10:48 AM' post='1781746']

exactly, aren't you going to be on an extended holiday until the end of July...

Removal of conditions is a stupid, pointless, and costly process, and I would strongly suggest you find a good reason for continuing your interview date for another two months.

You have my complete sympathy! if you are able to re-schedule your interview date, go for it. My AOS was approved without an interview 3 weeks before our 2nd anniversary and now, after nearly 4 years of marriage, I am applying to remove conditions.

Removal of conditions is a totally useless and costly process that only punishes the law-abiding because those who engage in fraud still find a way to beat the system somehow. This process started for since I got married in 2003. Our case was pretty straightforward - no previous marriages, no criminal records, no RFE's - no issues whatsoever. Sadly, my case gets stuck in the system at every stage for no particular reason. On this last step, it's been 10 months since I applied for removal of conditions - and I am still waiting. I can't tell you what to do, but if I could do things over, I definitely would have found a way to postpone my AOS interview rather than happily showing up at the immigration office a couple of weeks before my second year anniversary.

lol...

Yeah, I agree...he has a dentist appointment that day to have a nagging tooth pulled.

Dentist appointment might not help-might get rescheduled for a few weeks later-check how busy your office. I bet USCIS people are not stupid and understand this game too. I would still try to re-schedule. Once I did-prepared a letter, but have not sent it by mail-just went to USCIS office a week in advance (info pass). They stamped my copy and took original (info officer recomended-she said "let me stamp your copy, so, you would have proof that you have been here"). I cited medical reasons in other city (which were half true-but I still kept my doctor appointments). But I needed to postpone interview for any other day (even next day)-not for 2 months like you- because my husband had important meetings that day and could not come along.

Thanks all for your responses and sorry to hear the removal is such a painful process for some of you!

I am a bit hesitant about requesting a different date (I don't want to lie, also it would make it look like I'm playing games and they may just schedule it a few weeks later in which case I wouldn't achieve anything and the new date could actually interfere with vacation plans). I might just go but bring it up and ask if it would be possible for them to delay approval until after the wedding date. If the person is a stereotypical New Yorker he/she may just say something rude but if I have an understanding officer maybe the person will do something, if there is any way. Who knows, I might get stuck in FBI name check for the next two years (my husband's family hails from one of the "axis of evil" countries)-- be careful what you wish for!

Russian-Armenian-- your post makes me wonder if I should schedule an Info-pass and bring it up there, although I'm not sure whether these guys have the authority to actually set a new date or exercise some control over when the interview will take place (everything seems very computerized so far). Also even though I have no basis for this, my sense is that the Infopass folks would be bound by the policies and not be able to reschedule unless I provide a reason the USCIS deems compelling whereas the officer who takes the interview may have a bit more discretion and choose to leave the application at the bottom of a pile for a few weeks.

Oh well. The one good thing is I'd have a reason to return to VJ in two years.

I went to office where my interview were scheduled (it was in Baltimore). Infoofficer (who took my letter) did not have any right to re-schedule. But she had to deliver my letter to the officer who were handling my case and re-schedule according to his workload. She did something in a computer, but I do not know what. In my case it was just a week (a bit less) when we had learnd that my husband cannot make it that day. His presense was not 100% required but lawer said that he must come along jsut in case. What could we do in such situation? I scheduled doctors appointment-my doctors were in other city-and brought letter to office. But, you see, I did not care about the re-scheduling day (i could be happy if it is even the same day but early morning). About your case, I doubt that officer has right to postpone your approval and approve you right away with 10y card. They do everything by guidlines. On your place, I would try to reschedule-it is a common practice. You said NY-so, maybe your interview will be in 2 months. I-751 application is not complicated-but it would save you $680 and many inconviniences (at work, travel, etc).

How about making a Infopass and tell them you would like to reschedule because you not wanting to have to go thru removing conditions!
Who knows? They may be real people afterall.
I can't see USCIS would take offense by your intelligent action!!!

There has been people on here who have had to reschedule their appointment for their interview and all thy got was a denial of AOS for failing to show up for their interview.....

It would be much better to go to the interview and explain that you were hoping to avoid removal of conditions and could they delay your approval until after your 2nd wedding anniversary...

Kez

Thanks all for your guidance... I'll probably follow Kezzie's advice (better safe than sorry, although I might turn out to be safe and sorry after all, hehehe).

Best of luck to everyone!

Whatever you do, don't just call and ask to reschedule. A friend of mine who didn't know about VJ did that because they were going to be on vacation in her country and already had tickets. The office told them that wasn't a problem, they could just call when they got back and reschedule. They got denied for not showing up to the interview and it took several months to get that worked out.

If you do reschedule make sure you get something in writing from them, don't just go on verbal.

Good luck, whatever you do.

I agree.....AOS.....and then removal of conditions just 2 years later is really cruel and unusual punishment. So costly for bascially nothing. They could do it all so much easier.

I feel sorry for these people. Makes me think that I should spend some time reading forums on VJ. This is just for people that going to read this tread (since Carpe Diem has decided already)-lawer said to me at that time (it was a few years back), if you want to re-schedule, the reason has to be important. So, vacation etc should not be used.