Rescheduling AOS initial interview

[sandhya 0]

Rescheduling AOS initial interview

It would be great if somebody can advice me on my present situation:

I just received my notice for I485 initial interview, which is scheduled on Dec 8th. My husband is the primary applicant and he received his GC about a year ago. I somehow have got my interview only now and both of us have to be present at the interview.

My issue is that we have planned a vacation to India to attend my husband’s brother’s wedding, which is also on Dec 8th. So we will not be in the US to attend the interview. I was planning to travel on Advance Parole.

My questions are:

Will INS reschedule my appointment for this reason? (Out of country to attend brother-in -law’s wedding?)

I see people saying that “even if it is rescheduled don’t be surprised if you get a denial letter”. So if my I-485 is denied when I am out of the country, will I still be able to re-enter with the Advance Parole?

Thanks in advance for your time and interest.

[YuAndDan 153]

What you have read is true, in many cases persons end up dealing with a denied AOS when they assume that the appointment is rescheduled.

If I-485 is denied while out of the country this also invalidates the AP and you will have a problem trying to re-enter the USA.

What was the basis of your adjustment of status?? You say husband just got green-card just over a year ago?? I assume the AOS is NOT based on marriage to a GREEN-CARD holder, because the I-130 filed by green-card holder will not result in an immediate visa number assigned.

Edited November 7, 2008 by YuAndDan

[Minya's wife 25]

I would scrap the visit to India and go to your AOS interview. Rescheduling, whether initiated by you or by USCIS has and can go wrong...you'll be left with a denied AOS and having to start over from scratch....and I'm not sure if you would not have problems at POE trying to return if your I-485 gets denied while you're out of country.

-P

[sandhya 0]

What you have read is true, in many cases persons end up dealing with a denied AOS when they assume that the appointment is rescheduled.

If I-485 is denied while out of the country this also invalidates the AP and you will have a problem trying to re-enter the USA.

What was the basis of your adjustment of status?? You say husband just got green-card just over a year ago?? I assume the AOS is NOT based on marriage to a GREEN-CARD holder, because the I-130 filed by green-card holder will not result in an immediate visa number assigned.

Thanks for your reply.

My GC is family based through marriage. As you say I did NOT marry a green card holder. He was on H1 and I was on H4 when I entered the US. When he filed his i485 he added me along with his. Somehow only his case was approved and it's been a year waiting for mine to be approved.

Is there no hope here? We've been waiting for this marriage for long and really want to make it .....

[Old Dominion 26]

Rescheduling AOS initial interview

It would be great if somebody can advice me on my present situation:

I just received my notice for I485 initial interview, which is scheduled on Dec 8th. My husband is the primary applicant and he received his GC about a year ago. I somehow have got my interview only now and both of us have to be present at the interview.

My issue is that we have planned a vacation to India to attend my husband’s brother’s wedding, which is also on Dec 8th. So we will not be in the US to attend the interview. I was planning to travel on Advance Parole.

My questions are:

Will INS reschedule my appointment for this reason? (Out of country to attend brother-in -law’s wedding?)

I see people saying that “even if it is rescheduled don’t be surprised if you get a denial letter”. So if my I-485 is denied when I am out of the country, will I still be able to re-enter with the Advance Parole?

Thanks in advance for your time and interest.

It seems everyone is saying that this trip may be the last trip you ever take together.

[Jon&Lindsey 0]

If it were me, I would go to the interview and only make a trip abroad with GC in hand. Is it really worth a denial for something like this?

[Steph0814 1]

I agree with everyone here! You should make the Interview, its more important right? I mean this could mean you having to start from scratch and risking not being able to return to the US at all. I am sure your brother will understand.

If it makes you feel any better, my family planned a family reunion in London for December in hopes that I would be able to make it, I still do not even have an interview date! I have not seen my family in 15 years, I have an AP but am not risking it at all and yes its very very sad and difficult for me to deal especially becuase I filed 8 months ago.

[YuAndDan 153]

If it were me, I would go to the interview and only make a trip abroad with GC in hand. Is it really worth a denial for something like this?

Yep and in the OP's case they adjusted from a work type visa, and husband is GC holder. If a visa were to be needed to be filed due to a missed AOS interview, they will be facing a LONG wait for a visa number to get issued on an F-2A spousal visa (ABOUT 4 YEARS for India), NOT the typical 1 year wait like a CR-1 or IR-1 spousal visa applied for by a US Citizen.

http://travel.state.gov/visa/frvi/bulletin...letin_4384.html

Truly NOT worth the risk.

[sandhya 0]

If it were me, I would go to the interview and only make a trip abroad with GC in hand. Is it really worth a denial for something like this?

Yep and in the OP's case they adjusted from a work type visa, and husband is GC holder. If a visa were to be needed to be filed due to a missed AOS interview, they will be facing a LONG wait for a visa number to get issued on an F-2A spousal visa (ABOUT 4 YEARS for India), NOT the typical 1 year wait like a CR-1 or IR-1 spousal visa applied for by a US Citizen.

http://travel.state.gov/visa/frvi/bulletin...letin_4384.html

Truly NOT worth the risk.

Thanks so much for all your replies and interest in helping others!!!!! Yes, my husband got an employment based Green card and mine was filed along with his as dependent.

[unforgettable fire 2]

I'm sorry to say you better make the interview if you do not want to encounter problems in the future. I know it sucks but maybe you guys can plan a visit to India once you have the GC in hand. Just my two cents....