Jump to content
TonyDanza

What if my US Wife leaves the country while we wait to Adjust Status for me?

 Share

6 posts in this topic

Recommended Posts

Filed: AOS (pnd) Country: Canada
Timeline

Hey all.

Question. I am on a tourist visa which then unplanned became a marriage and AOS filing. Every person and lawyer then said, DO NOT leave the country until after it is approved or denied. So as you can see by my timeline, I am in that process and waiting for biometrics next.

But, I had promised to take a trip on my wife's month off work in Feb to Europe. I realize now I cannot. She found a girlfriend she wants to go with if I can go, and I still want her to go and have fun. She is 24 and can still get the youth rate on Eurail but only till March so I figure what the hell, get out there and experience stuff. I am fine to stay around the house for a month, although not happy. ;)

I am wondering if USCIS will ask or frown on this when interview time comes around. Like the fact that she took a month holiday and I was stuck here. Or will they not even ask about her. What do you all think? Tnx.

03/04/2007 Entered as Canadian Visitor (no i-94 issued)

07/23/2008 Married in Las Vegas, NV.

10/03/2008 Mailed i-130, i-485, EAD to Chicago.

10/10/2008 AOS packet accepted & signed for.

11/02/2008 Received 2 NOA's, one for each application.

11/29/2008 Received a Yellow RFE regarding i-485. (Need additional Tax Info.)

12/10/2008 Mailed back RFE with required material from sponsor and joint sponsor. Sent Priority.

01/14/2009 Received ASC Biometrics Appointment Notice.

01/01/2009 ASC Biometrics Appointment Completed.

Link to comment
Share on other sites

Hey all.

Question. I am on a tourist visa which then unplanned became a marriage and AOS filing. Every person and lawyer then said, DO NOT leave the country until after it is approved or denied. So as you can see by my timeline, I am in that process and waiting for biometrics next.

But, I had promised to take a trip on my wife's month off work in Feb to Europe. I realize now I cannot. She found a girlfriend she wants to go with if I can go, and I still want her to go and have fun. She is 24 and can still get the youth rate on Eurail but only till March so I figure what the hell, get out there and experience stuff. I am fine to stay around the house for a month, although not happy. ;)

I am wondering if USCIS will ask or frown on this when interview time comes around. Like the fact that she took a month holiday and I was stuck here. Or will they not even ask about her. What do you all think? Tnx.

There are no restrictions on (or issues arising from) the traveling of a USC (inside or outside the US). :thumbs:

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline

I don't know how fast Boston is with AOS interviews, but if they're fast, and if your AOS interview is scheduled for when your wife is out of the country, that could be a problem. Both of you have to be at the interview. An interview less than 4 months after sending in your AOS package probably isn't too likely, but I don't know.

K-1, AOS, ROC
2007, 2009, 2011

Naturalization

2016-05-17 - N-400 package sent

2016-05-21 - NOA1 (IOE receipt number)

2016-06-15 - Biometrics

2016-11-08 - Citizenship interview in Detroit: approved
2016-12-16 - Oath ceremony

Link to comment
Share on other sites

Filed: Lift. Cond. (pnd) Country: Wales
Timeline

The interview would be the only thing I would worry about, as like vanee said, your wife must attend with you. You are only allowed to reschedule if it is a life/death situation for you or a close relative, and even then people have been denied as the USCIS office simply said they didn't appear for the interview, even though they had tried to reschedule. I had my interview (also adjusting from tourist) almost exactly 4 months after applying, so it's not impossible (though I don't know about the timings for your office). As long as your wife is prepared to maybe cut the trip short and come back if necessary, that should be fine, you just can't miss the interview. If it even comes up at the interview that she left and you didn't, just explain the truth and I don't see why it should be a problem.

Removing conditions:

10/9/10 - Package sent to Vermont

10/13/10 - NOA1 date, received 10/18

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Canada
Timeline

Thanks all.

Let me quickly clarify my concern.

It is not so much about her (wife) not being there for an interview, or travelling against regulations. I am really just concerned with how it may look to the USCIS official when the interview actually comes about. I mean, what if they ask, when did she leave the country last or similar. And she says a month in Feb.

I dont want it to look odd that I sent/let/waiting/separated (whatever term) from my wife for a full month without me going. I am thinking will she/he take this as a sign we dont love each other or some scam is going on.

Am I over worrying? Obviously I would be going with her if I could but as it stands, I cant leave the country till this goes through or gets denied. Kind of trapped here and I really want her to take this trip before she turns 25 and it costs a ton more. Not to mention a good time slot has opened up for her allowing this.

So, worry or dont worry?

Thanks all. Worry wort. ;)

03/04/2007 Entered as Canadian Visitor (no i-94 issued)

07/23/2008 Married in Las Vegas, NV.

10/03/2008 Mailed i-130, i-485, EAD to Chicago.

10/10/2008 AOS packet accepted & signed for.

11/02/2008 Received 2 NOA's, one for each application.

11/29/2008 Received a Yellow RFE regarding i-485. (Need additional Tax Info.)

12/10/2008 Mailed back RFE with required material from sponsor and joint sponsor. Sent Priority.

01/14/2009 Received ASC Biometrics Appointment Notice.

01/01/2009 ASC Biometrics Appointment Completed.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...