stressed! help!

[whiskers 0]

Hi,

When my husband and I married a year ago, he was on a student Visa. So we filed an adjustment of status for him. We received our interview notice October 2008. However, because the date conflicted with our trip to Hong Kong, we decided to write to the USCIS requesting a rescheduling. In the same month, our request was granted and a notice arrived saying that we should receive our new interview time within 30-60 days. It's been 90 days now, but we still have not heard from the USCIS (despite a letter from us, kindly urging them to follow up on our case). Our problem is that my husband's F-1 student Visa has expired and we are unsure whether he is allowed to stay in the US by virtue of his "in progress" application.

Also, in our first interview notice, there was a list of items in which we must bring to the interview (and it's confusing!). I was so dumb not to photocopy the application in which I sent to the USCIS. Are we required to bring a copy? Furthermore, only I had a job so during the time we filed our application, [being a student myself] our family income are below the poverty line. But we had sufficient income in our bank accounts to support us. However, we no longer have that much money. Do they require to update your proof of financial support??

Thanks so much!!

Any help is greatly appreciated.

Edited January 12, 2009 by whiskers

[KyngSilva 0]

Hi,

When my husband and I married a year ago, he was on a student Visa. So we filed an adjustment of status for him. We received our interview notice October 2008. However, because the date conflicted with our trip to Hong Kong, we decided to write to the USCIS requesting a rescheduling. In the same month, our request was granted and a notice arrived saying that we should receive our new interview time within 30-60 days. It's been 90 days now, but we still have not heard from the USCIS (despite a letter from us, kindly urging them to follow up on our case). Our problem is that my husband's F-1 student Visa has expired and we are unsure whether he is allowed to stay in the US by virtue of his "in progress" application.

Also, in our first interview notice, there was a list of items in which we must bring to the interview (and it's confusing!). I was so dumb not to photocopy the application in which I sent to the USCIS. Are we required to bring a copy? Furthermore, only I had a job so during the time we filed our application, [being a student myself] our family income are below the poverty line. But we had sufficient income in our bank accounts to support us. However, we no longer have that much money. Do they require to update your proof of financial support??

Thanks so much!!

Any help is greatly appreciated.

Setup an infopass appointment. Don't change plans with USCIS, it's always a pain to get them moving again. It's always better to change the plans you have made so that you can get the immigration status fixed. Oh and writing letters does not usually help, they don't really know what to do with letters that come to them. Best to make an appointment and go see what's going on with your file. Don't stress yourself, it will all work out, it usually does. As long as your hubby entered the country legally, I wouldnt worry about him leaving. Your papers are filed and your trying to adjust his status. Now if he entered illegally thats another question. Good luck on your journey!

[Dakine 26]

THey went over my finances at the AOS. I suggest you get a co sponsor!

Do the infopass as Kyngsilva mentioned. As you found out it's not a good idea to reschedule!

[Kathryn41 3,205]

Bring copies of the letters you sent advising them of your request to reschedule to the Infopass as well - don't assume that they have access to that letter and you may need to prove your position. Yes, plan on getting a co-sponsor. If you use assets you need to have either 3 or 5 times the poverty level rate if you don't meet the income level (I don't recall which amount it is).

For the interview, you should try to put together a copy of what you did submit - from memory if you have to - and bring those originals with you. Put together additional evidence you have collected since then to reinforce the validity of your marriage and bring those along too.

You might want to read over the guides at the top of this forum right now to give yourself a clearer understanding of what to expect.

Edited January 12, 2009 by Kathryn41