Help: Need i551 Stamped in Passport urgently

[wahound 0]

Hi,

My brother and his wife had their AOS interview on august 26th 2010 at the OMAHA center. She is a US citizen. At the time of the interview, the couple had mentioned to the officer that they will need to be travelling to Jamaica for their honeymoon around oct 22nd and had provided itineries.

The officer took copies and said there should be a response in mail within 2-3 weeks and not to worry about missing out on the honeymoon. After 6 weeks of waiting, their attorney made a infopass appointment (for first week of Oct) and the officers told him to tell my brother to make a infopass appointment in NYC and the officers here will stamp it. (my brother is in NYC for around a month... mother in law had bypass and is on bed rest).

My brother went today to get his I-551 but was in for a rude shock. The NYC center does not show a "approved" status in its computers. All it sees is "pending" because of which it refused to stamp a I-551. The NYC center advised my brother that the OMAHA center hasnt made a decision yet and to wait.

Problem is, our grandmother is at her end and we need to make a urgent emergency trip back home even before he can think about his honeymoon. If he makes a infopass appointment at the Omaha center would they have the same response as to "keep waiting? ?

As far as I know, once the immigration officer has made a succesful AOS interview with your US citizen present you are eligible for a i-551 stamp. Is this not correct ?

Could it be, that since the case was filed in the Omaha center, only Omaha can use its discretion to grant i-551 and not other centers ? Reason I ask is, its around $600 round trip and its money that could be wel spent. Even then, is it safe to travel on a valid passport with expired visa and i-797 notice of action for i-485 stamped ? I hope TSA dosnt give trouble.

[VanessaTony 3,567]

You will need an AP document to travel until the decision is made.

If you did not file for AP at the time of filing your AOS then you COULD file for it now, but seeing you've already had your AOS interview it's likely you'll get your GC approved before your AP is.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to " Working & Traveling During US Immigration" as this is relating to AP**

Edited October 16, 2010 by Vanessa&Tony

[wahound 0]

Vanessa&Tony,

Thanks for your swift reply.

Im still not certain as to how people who show up for the AOS interview are able to get a i-551 stamp the same day after being a little pushy/eager.

is it true that they would have filed a AP concurrently and only then they would have been considered for a i-551 the day of the interbview ?

And if you are explained about the 2 year rule and rules regardign removing of condiontional GC, does it not automatically mean that the party is approved ?

Thanks

Edited October 16, 2010 by wahound

[VanessaTony 3,567]

Vanessa&Tony,

Thanks for your swift reply.

Im still not certain as to how people who show up for the AOS interview are able to get a i-551 stamp the same day after being a little pushy/eager.

is it true that they would have filed a AP concurrently and only then they would have been considered for a i-551 the day of the interbview ?

And if you are explained about the 2 year rule and rules regardign removing of condiontional GC, does it not automatically mean that the party is approved ?

Most recently (last few months) fewer people are being given the I-551 stamp and not told at their interviews that they are approved. Instead they hear "we will let you know". Used to be they'd tell you if you were definitely approved and give you the stamp, but now, not so much.

You normally would have filled AP concurrently but no, doesn't affect the stamp. You just would have been able to leave the country and re-enter using the AP document.

Nothing is certain with USCIS unless you have it in writing (and even then sometimes they stuff that up too). Being told the 2 year rule IS promising, so is taking your I-94 and EAD, but these don't DEFINITELY mean you're approved. Not until you get the approved letter, or email or even GC are you able to breath freely about it.

[wahound 0]

Thanks for your time.

We appreciate it.