Help Please

[19wheels 2]

I can't believe that I'm in this situation, and it was completely avoidable. Now I'm scared and could use words of wisdom more than anything. And perhaps others can learn from my mistakes.

My wife had her interview for her I-485 scheduled for mid March of this year. She is from Colombia, and does not speak english well, but my spanish is pretty good, and she's learning. However the day before the interview I got a migraine headache that took me out of commission, and, long story short, we missed the interview. I called when I was able (after the fact) and later got a letter saying that our case was reopened, and later another letter came with the new interview date. There was no way that we were going to miss this one.

We arrived at the interview and waited, and then were called back into the office. The officer asked if we had an interpreter, and I said that we did not. I told her that I could speak to my wife, as I always did, and explain things to her. It was my impression that USCIS had interpreters there for people that needed them. At this point though, I did not yet know this was not the case. My misunderstanding was further strengthened when the agent told me "we don't have anyone here that can do that for you today", as if we had just caught them on an off day. To her credit, she let me continue after being sworn in. Eventually she stopped the interview, explaining that the questions only got more technical as the interview went on. This was disappointing. She scheduled a new date and told us to come back. She printed out a list of things to bring, including the last page of the medical forms. For some reason, and she said that she she's it often, the page that shows the immunization records was not included in her materials. An important thing to note: I noticed on my wife's application papers a large stamp that said DENIED on it. I asked about it, and she said that when you don't show up for an interview you are automatically denied, and that we were lucky it was reopened. Of course I felt extremely luck.

We went to the doctor and got what was needed, and returned a couple of weeks later. And this is where the ultimate problem began.

I was still under the impression that an interpreter would be provided. When I found out that it was our responsibility I was in shock, and heartbroken. The agent of course explained that was not the case, and briefly stepped out to consult the agent who gave the first interview. He came back and said that we would try it again, with me as the interpreter, and swore me in. We continued through the interview, getting to the questions where of course they are just a series of "no" responses (Have you ever done bad things, etc). I can't remember the question that tripped me up, but whatever it was, I just did not know the proper words for it, and being an honest rule following person, had to say that I just didn't know how to say it. At that point, he stopped the interview and said that they would let us know within a couple of weeks what their decision was. To say he was not warm, understanding or encouraging is a bit of an understatement. Of course I understand the mistake was ours, but all it was was a mistake, albeit a big one. If I had understood that we needed to bring a translator of course I would have brought one. We have done everything else successfully to this point, I certainly wouldn't have stopped at that.

So now we wait, and I am scared. I have read that an appeal is tough to win. I have read that nobody gets denied twice and is allowed an appeal. I will tell you that my wife and I have ample proof of our relationship. We got married in my mother's backyard in September (with photos). We had a miscarriage in October (with hospital bills). We are 21 weeks pregnant now (with photos.) And any grey area in between we have color photos documenting our relationship. So absolutely none of that is an issue, and has never been questioned.

I looked back at the first letter for the interview (the missed interview) as well as the second. Both say to bring an interpreter if you do not speak english. I understood that, but felt I was qualified to do it. But when the pressure was on, I just wasn't. But I looked at the letter that we left the original interview with (which was the second interview date due to missing the first) and NOWHERE on it does it say to bring an interpreter. It listed a lot of other things, specific to our case, to bring. We brought all of those things. I am not trying to prove that I'm right, only point out why I was under the impression that an interpreter would be provided.

Needless to say, I love my wife very much, and she loves me. We will have a boy in November and I can't imagine not being with her.

To further complicate things, she was planning on returning to Colombia for a few weeks in late June. She has was approved for advance parole, but I have no idea IF she is denied if that means that traveling is a bad idea.

I think that is most, if not all, of the pertinent information. If any experts out there have any advice, please pass it along.

I am very grateful to this community already. Thank you.

[EM_Vandaveer 2,364]

Do not let her travel right now because if the denial comes through while she is abroad she will be stuck there and the spousal visa takes a year to get. If you are denied (likely), do not appeal, but re-file. File another I-485. You have every right to do this. And obviously bring an interpreter other than yourself to the next interview.

Edited June 19, 2016 by EM_Vandaveer

[Ebunoluwa 6,136]

Do not let her travel right now because if the denial comes through while she is abroad she will be stuck there and the spousal visa takes a year to get. If you are denied (likely), do not appeal, but re-file. File another I-485. You have every right to do this. And obviously bring an interpreter other than yourself to the next interview.

^^ This.

[19wheels 2]

Well, we just got back from a One Pass appointment that I requested to find out what our status was. Turns out we've got an interview scheduled for next Friday. I will share this lesson: Never assume that just because they had your correct mailing address before that they will continue to use it. We live in an apartment. Our address has never changed. When we were there today we found out that they had left the apartment number off of the address that they sent the latest interview date information to. had we not requested the One Pass appointment today we would have unknowingly missed that third chance they were giving us. By the way, we'll be bringing an interpreter to this one FOR SURE!

Thanks for the invaluable information once again. Now for my next question. ASSUMING my wife passes the AOS interview next week, is she free to leave the country and return, using the same Advance Parole document as before? It won't expire by date, only expire possibly by the fact that her status would I guess no longer technically be "pending".

thank you all.

[Dashinka 23,198]

Well, we just got back from a One Pass appointment that I requested to find out what our status was. Turns out we've got an interview scheduled for next Friday. I will share this lesson: Never assume that just because they had your correct mailing address before that they will continue to use it. We live in an apartment. Our address has never changed. When we were there today we found out that they had left the apartment number off of the address that they sent the latest interview date information to. had we not requested the One Pass appointment today we would have unknowingly missed that third chance they were giving us. By the way, we'll be bringing an interpreter to this one FOR SURE!

Thanks for the invaluable information once again. Now for my next question. ASSUMING my wife passes the AOS interview next week, is she free to leave the country and return, using the same Advance Parole document as before? It won't expire by date, only expire possibly by the fact that her status would I guess no longer technically be "pending".

thank you all.

You are relatively lucky. I would worry about the interview coming right now, but yes, if you get an approval on the spot at this interview she should be fine traveling on the AP. However, if you do not get an answer while there, I would wait for the official word.

Good Luck!

[19wheels 2]

yes, I feel very fortunate. I feel confident about the interview, as we have all of the documents and then some, and she has no criminal record or plans to join any anti-government groups. But I understand the chicken hatching/counting process. I guess I was really only asking "in theory". thanks for the reply.

[EM_Vandaveer 2,364]

Good news! Keep us updated about how it goes.

[19wheels 2]

OK. We had the interview today and were approved. It is a huge sigh of relief. I am not looking to press my our luck, but I will ask the same question and hopefully will get the same answer? If she leaves the country before she has her green card in hand, but I am able to bring it to her before she returns to the United States is she technically doing anything wrong? I understand that practically anything granted to you can be revoked (for example Advanced Parole doesn't grant you the right to automatically re-enter the country). But as I think this through, the Green Card is what lets her re-enter. Her Advance Parole allows her to travel to and from while her status is pending. He status changes the day that her green card is in effect, so there isn't a time within there that she was unable to leave and return to the country. So she should be good, right?

thank you so much

[KayDeeCee 4,891]

If you had travel plans and she needed to leave before the green card could be mailed to her, why did you not ask the IO about getting a temporary I-551 stamp since she was approved?

If she absolutely must leave, and there is no time to make an Infopass to get the I-551 stamp, then I suppose you could hand carry her green card to her so she could re-enter the US when she needs to return. I personally would not want to leave without the stamp or green card in my hand, but that is just me and liking to be safe. Does she have an approval notice, document of any kind stating her US permanent residency is approved?

[19wheels 2]

no, she doesn't have anything say that it was approved, but wasn't going to be returning until I receive it, and I was going to bring it to her, and we would return together.

[EM_Vandaveer 2,364]

I'd wait until at least the text/e-mail confirmation that they are producing the GC.

[FherJess 15]

Is it possible for you to return to your USCIS office where you had your interview and request the I-551 stamp in her passport? Can't they look up the info and see she was approved even though you don't have the NOA2 ?

[19wheels 2]

we went back today and were able to talk to an officer, who understood our situation and gave us an I-551 stamp. Our situation is that my wife is 6 months pregnant, and hasn't been home to see her family since December. Not the longest of times, but in October we had a miscarriage, and have been told that she should avoid flying later in the pregnancy. And now seats are filling up on planes, so having the option to purchase a ticket for the near future with confidence is a big relief for everyone. Btw, yesterday I was able to look on the USCIS site and see that her green card was granted, which inspired us to go to the USCIS office today in hopes of getting the stamp. Thank you all for your input and inspiration.

[FherJess 15]

we went back today and were able to talk to an officer, who understood our situation and gave us an I-551 stamp. Our situation is that my wife is 6 months pregnant, and hasn't been home to see her family since December. Not the longest of times, but in October we had a miscarriage, and have been told that she should avoid flying later in the pregnancy. And now seats are filling up on planes, so having the option to purchase a ticket for the near future with confidence is a big relief for everyone. Btw, yesterday I was able to look on the USCIS site and see that her green card was granted, which inspired us to go to the USCIS office today in hopes of getting the stamp. Thank you all for your input and inspiration.

That's great news! I'm glad to see you were able to get the stamp and that the GC was approved!!

Best wishes to you & your family ?

[19wheels 2]

Thank you so much.

just an additional follow up. The green card showed up in USPS tracking as having been delivered on July 23rd, but we live in a condo, and it was not in our mailbox. I've contacted the USPS and they are trying to figure out where it is. Because we've got the stamp, I'm not too worried. I put this information here as a cautionary tale for others. I was able to tell that it was delivered by looking up our case number on the USCIS website, which provided delivery tracking information. Very helpful.