Jump to content

5 posts in this topic

Recommended Posts

Filed: Country: Japan
Timeline

question for you experienced folks...not sure if there is any help for my problem.

My wife came over on fiance visa..got here in November, married in December, filed AOS in late January, and travel authorization came in April. We got fingerprints done in March. Finally appt letter came and appt was on May 26. Of course I am supposed to be in Tokyo for summer internship that week...flight already bought and need to be at work then. I called April 23 to get it changed..either up or in September when we would be back and they tell me a letter will be sent. After not hearing anything for 2 weeks I make and infopass appointment for May 13. So we go and the woman there [this is in Detroit BTW] tells me to write a letter which i do while we are there and she takes it and says we will get a new date. I specified in the letter that we wouldn't be back from Japan until late August so could we have an appt in September?

We can't forward the mail to my parents in another state because the immigration office finally the landlord gets the letters and of course they rescheduled for June 16...which we missed. The next letter says the petition has been abandoned and I guess we start over?

What are our options? I read somewhere that we have 30 days to explain why we missed the interview? Is this true and to whom is the letter sent? Would and attorney be able to help with this? Do we have any grounds to complain that the interview was scheduled for a time we TOLD them we would be gone [overseas?]

Anybody know a good immigration attorney in or around Detroit?

Thanks for the help

Share this post


Link to post
Share on other sites

Maybe you can do an infopass again at that local office you wrote that letter to. But I had read some posts here back then that some people missed the interview because they didn't get the notice on time, they wrote a letter or some sort. I think you'll have to send it to USCIS. I'm sorry I couldn't be of much help. Hopefully some more people chime in especially those who had this experience.


Luke 18:27 Jesus said" what is impossible to men is possible with God."

Philippians 4:13 I can do everything through Him who gives me strength.

03/02/09-k-1 visa starts

09/09/09-K-1 visa approved

10/24/09 - WEDDING

11/09/09 - AOS

02/25/10-GC approved

08/26/10-319B n400 starts

11-09-10 Interview 10 AM >Approved

11-09-10 oath 2 PM Fairfax, VA

All glory, praises, thanksgiving and admiration belong only to God.

Jeremiah 29:11 "for i know the plans i have for you", declares the Lord, "plans to prosper you¬ harm you, plans to give you hope & a future"

Share this post


Link to post
Share on other sites
Filed: Country: Japan
Timeline

Maybe you can do an infopass again at that local office you wrote that letter to. But I had read some posts here back then that some people missed the interview because they didn't get the notice on time, they wrote a letter or some sort. I think you'll have to send it to USCIS. I'm sorry I couldn't be of much help. Hopefully some more people chime in especially those who had this experience.

Thanks for the reply. I have written a letter and contacted an attorney..so hopefully we can do something about this mess.

FF

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Vietnam
Timeline

So, you're still out of the US now, and your wife left with only her AP?

Unfortunately, her AP is only valid while her AOS petition was pending. When her AOS petition was closed because it was considered abandoned, her period of authorized stay ended. She has no status in the US to return to, so the AP document is useless.

USCIS is usually reasonable about rescheduling AOS interviews when they conflict with some other urgent matter, but to ask that the interview be postponed for several months is not something they would usually accommodate. They aren't required to work around your schedule. You asked for the interview to be rescheduled, and they rescheduled it. In their mind, your wife applied for permanent residence when she was not really ready to become a permanent resident yet.

I apologize if this sounded a little harsh, but this process often requires you to rearrange your priorities and put your life on hold, to some degree, while you're dealing with the government.

I think your only hope is to try to get the AOS case reopened. If your attorney manages to do this then your wife's AP should be reinstated. If they schedule an interview then drop whatever you're doing and get back to the US for the interview. If the attorney isn't successful at getting the case reopened then you're going to need to file a petition for a spousal visa.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Share this post


Link to post
Share on other sites
Filed: Country: Japan
Timeline

So, you're still out of the US now, and your wife left with only her AP?

Unfortunately, her AP is only valid while her AOS petition was pending. When her AOS petition was closed because it was considered abandoned, her period of authorized stay ended. She has no status in the US to return to, so the AP document is useless.

USCIS is usually reasonable about rescheduling AOS interviews when they conflict with some other urgent matter, but to ask that the interview be postponed for several months is not something they would usually accommodate. They aren't required to work around your schedule. You asked for the interview to be rescheduled, and they rescheduled it. In their mind, your wife applied for permanent residence when she was not really ready to become a permanent resident yet.

I apologize if this sounded a little harsh, but this process often requires you to rearrange your priorities and put your life on hold, to some degree, while you're dealing with the government.

I think your only hope is to try to get the AOS case reopened. If your attorney manages to do this then your wife's AP should be reinstated. If they schedule an interview then drop whatever you're doing and get back to the US for the interview. If the attorney isn't successful at getting the case reopened then you're going to need to file a petition for a spousal visa.

Yeah that's pretty much what I thought. We'll see what the attorney can do.

We went ahead and left because we did have an infopass appointment at the local office the week before we left where they told us to write the letter requesting a late August appointment, so I thought it would be good. Not sure if I was clear but there were two requests to reschedule..the June 16 date was apparently from the first request [done in April but no notification to us]. The second request was the letter written at the USCIS office on may 13..not sure what happened to that one.

Hopefully we won't have to do the spousal visa from Japan...it makes me sick to think we may have to do this all again.

Thanks for the input.

FF

Share this post


Link to post
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
Sign in to follow this  
- 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...