Summer travel on AP prior to interview:

[NYC-KK 0]

My wife received her Advance Parole travel document at the New York City Field Office on April 19. We explained that she needs to attend her sister's wedding on May 8 and to finish her Masters thesis at Khon Kaen University. Rather than travel back and forth at great expense, we had originally planned that she would leave on May 5 and stay the whole summer. But I would join her in Thailand at the start of my summer break on June 30 and we would return to New York together on August 31. So we would be apart for about two months and then together in Thailand July and August.

However, I was not fully aware of the process and was caught off guard when the Supervisor asked us "What's going to happen if she is called for her interview in the summer?" I had mistakenly thought that the interview would occur about two years from now just before having the conditions on the green card removed, so I was just learning that the interview would likely come much sooner and probably during the summer. I replied to him after missing only one beat that we would "get her back to New York for the interview." He said, "Fair enough," and he approved our I-131 and granted a travel document on the spot. But the lower ranking Immigration Officer who saw us said, "This does not look good for you as a couple. She is going to spend more time in Thailand than in the US. It looks like this is not a real marraige and that she just wants a green card." I think this person was out of line and was expressing her own prejudices against us. Still, we feel vulnerable to this kind of perception and concerned that it could hurt her chances of getting the green card.

We have two concerns: (1) Is it possible to delay the interview until September? and (2) Would it be unwise to delay the interview until September--that is, would this increase the risk of her green card being denied?

Your thoughtful responses (input, discussion, advice, etc.) will be greatly appreciated. Thanks once again.

[thongd4me 69]

My wife received her Advance Parole travel document at the New York City Field Office on April 19. We explained that she needs to attend her sister's wedding on May 8 and to finish her Masters thesis at Khon Kaen University. Rather than travel back and forth at great expense, we had originally planned that she would leave on May 5 and stay the whole summer. But I would join her in Thailand at the start of my summer break on June 30 and we would return to New York together on August 31. So we would be apart for about two months and then together in Thailand July and August.

However, I was not fully aware of the process and was caught off guard when the Supervisor asked us "What's going to happen if she is called for her interview in the summer?"* I had mistakenly thought that the interview would occur about two years from now just before having the conditions on the green card removed, so I was just learning that the interview would likely come much sooner and probably during the summer. I replied to him after missing only one beat that we would "get her back to New York for the interview." He said, "Fair enough," and he approved our I-131 and granted a travel document on the spot. But the lower ranking Immigration Officer who saw us said, "This does not look good for you as a couple. She is going to spend more time in Thailand than in the US. It looks like this is not a real marraige and that she just wants a green card." I think this person was out of line and was expressing her own prejudices against us. Still, we feel vulnerable to this kind of perception and concerned that it could hurt her chances of getting the green card.

We have two concerns: (1) Is it possible to delay the interview until September? and (2) Would it be unwise to delay the interview until September--that is, would this increase the risk of her green card being denied?

Your thoughtful responses (input, discussion, advice, etc.) will be greatly appreciated. Thanks once again.

(1) Don't know - I would think it was but if the supervisor had doubts you have more checking to do.

(2) If you told the supervisor (I-131) that you would get her back to NY for the interview,

he's holding you to your word. It would be better to delay it to September if you can - only someone

with actual experience there could tell you that, but you might want to squeeze the info out of an

authorized USCIS source.

*That would have been a good question for the supervisor - shouldn't he know if an interview could be postponed?

Since she will be involved in getting the degree in Thailand and you will be with her for a great deal of that time,

I also think the lower ranking officer was, if not out of line, just trying to test you and put on a little pressure.

It's not his job to grant every application that comes to him, but to sniff out possible fraud, even if none exists.

With 20-20 hindsight, you might have delayed her interview in BKK and given her the full 3 months to come to

NY, as the AOS process seems to be structured in a way not to anticipate your unique needs. They would say

that plans such as these could have been arranged in a way not to disrupt the process. To you it's an inconvenience

to have your schedule upset but to them it looks like "rocking the boat" if they make accommodations for it.

Also be prepared for a question re: if she is taking advantage of you to pay for her travel back & forth

when she should be staying with you and being your wife. This may come as a shock but that is their intent,

to shock and interpret your reaction as fraud.

The issue of the sister's wedding is meaningless to them and they would say that you knew of the master's

schedule well in advance. It seems ironic that they grant the travel document but warn that the permission

they are granting could result in her losing her immigration status at a time when you are living happily

as a couple and working toward your common future. I think the notion of "finishing a higher degree"

as a basis for immigration fraud is absurd, as the degree will enable the family income to be higher

and since the husband is part of the family he will benefit too.

As for the interview and questions about her summer travel going against you, maybe others who

have already had their interview would better answer that. If she was leaving NY in May and

separated from you until September, I could see them questioning the relationship because

the purpose of the interview is to document your life in the US as a couple since her POE,

in order to grant the extension of her stay with a 2-year GC. Since you will be together for

most of the summer, you should document that BUT check with the USCIS if there is a problem

that this time together was in Thailand and not NY. You don't want them coming back and

using that against you after the fact.

If they need to see X number of days together in the US, you might want to postpone

the interview to October or November. I don't know if the system can accommodate

a POE to interview time being 6 months when the typical time is 3 months.

Check your VJ timelines to see how many members had long stretches

between the POE and AOS interview.

[Nik+Heather 121]

I think the timing here is important.

It is quite likely that if there is an interview for the green card it will be when she is in Thailand, so I would start planning for that ticket now. Also, if your case goes by quickly and with no bumps, then it could also be scheduled at the time when she is there but you aren't. I have to agree, that this does look quite bad. The general perception would be that newly weds who just worked so hard to be together wouldn't then want to spend months apart!

Regarding the interview. The date and time and location are assigned to you. Many members on VJ have had bad experiences of what happens when they miss their assigned interview - it usually leads to an automatic denial. Furthermore, frequently requests for a schedule change seem to go through alright when they get asked for, but then the original date comes and goes, and the denial letter follows shortly! The attitude is that only in life or death emergencies should your AOS interview be skipped/rescheduled. The USCIS expects that this is your top priority.

[NYC-KK 0]

I think the timing here is important.

It is quite likely that if there is an interview for the green card it will be when she is in Thailand, so I would start planning for that ticket now. Also, if your case goes by quickly and with no bumps, then it could also be scheduled at the time when she is there but you aren't. I have to agree, that this does look quite bad. The general perception would be that newly weds who just worked so hard to be together wouldn't then want to spend months apart!

Regarding the interview. The date and time and location are assigned to you. Many members on VJ have had bad experiences of what happens when they miss their assigned interview - it usually leads to an automatic denial. Furthermore, frequently requests for a schedule change seem to go through alright when they get asked for, but then the original date comes and goes, and the denial letter follows shortly! The attitude is that only in life or death emergencies should your AOS interview be skipped/rescheduled. The USCIS expects that this is your top priority.

[NYC-KK 0]

There is even a chance that she will not be asked to interview in the event that our case is sent to the central processing center. Therefore, the best course seems to be for me to remain here and wait for an interview letter in the mail and for her to travel as planned on May 5. If I receive an interview letter, then I will book another round trip flight to New York for her immediately so she can interview and then we can travel to Thailand together afterwards for the rest of the summer. If we do not receive a letter by late June, however, then I will make an infopass appointment and try to get some information about our case. If I learn that it is being processed at the central processing center and that there will not be an interview, then I will join her in Thailand sooner and we can save one roundtrip flight.

[NYC-KK 0]

Maybe this looks bad from a suspicious, cynical point of view if one reads into it the notion that a green card is of such great value to a Thai woman that she would do anything for it. Actually, her family does not want to lose her and asked me if I could move to Thailand instead of taking her to live in New York. She too, is quite ambivalent about giving up her job as a school teacher and about not being able to take care of her parents as they age. Thus, I agreed that we would spend each summer July and August in Thailand, since my job as a school psychologist is permits this.

We can explain at the interview and we can document her work on her Masters thesis in Thailand during the period when we are apart. Actually, it is my fault that we married faster than we probably should have. I did not want to wait until after her sister's wedding date (which was not yet announced at the time we applied for the K-1) and until after her Masters degree was completed. After the wedding date was announced, I still wanted her to come here during her vacation from her teaching job (late March through mid May) so that we make make our final decision about getting married here after she had a chance to meet my family and react to being in New York (before actually quitting her job in Thailand). Also, it is my fault because I was not aware that she would be required to interview before receiving the conditional permanent resident card. I had thought that the interview would come before having the conditions removed two years from now. Live is complicated and people are imperfect, so perhaps we do not appear to be the "ideal" couple from the narrow point of view of immigration authorities who are looking for people that easily fit into their schema.