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OllieRuxpin

Wife missed I-797C Notice of Action Interview. What next?

By OllieRuxpin in K-1 Fiance(e) Visa Process & Procedures

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OllieRuxpin Newbie

OllieRuxpin   0

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
Posted (edited)

Hi all. My first time to post here. My wife is Canadian and presently in Canada with her family. I'm living in Austin, Texas. We got married on January 5th of this year and had been dealing with complications with USCIS, especially related to her adjustment of status for permanent residency. That was finally settled and USCIS graned her permission to travel and start work and school.

However, she's been in Canada the past few months because of illness. She was granted permission to travel and start work and school and was also given her I-797C Notice of Action to come in for a final interview on September 7th of this year. She forgot to reschedule an appointment and we just missed it.

I'm wondering what do we do next? Will she be able to reschedule an appointment again or will we have to go through the whole process all over again? If she's allowed to reschedule the appointment, will she be able to work and go to school before the interview or will she have to wait until after the interview?

I'm really unclear on this whole process and any help would be appreciated. Thank you.

Edited by OllieRuxpin
amykathleen2005 Proficient

amykathleen2005   441

Posted
Filed: Lift. Cond. (apr) Country: England
 Timeline
Posted

If she missed her Adjustment of Status interview then she is in deep trouble. Your case will have been denied and since it is a month and a half later she is probably been put in some type of removal proceeding. Her permission to come back into the US on the Advanced Parole stopped when she missed the interview so she cannot come back into the US on that. You could try to appeal but as it was your fault you missed the interview (and not some fault of USCIS) you might not get very far. What visa did she originally come in on? Your only option now really would be to find out about any possible removal proceedings and then file for a CR-1 visa while she is still in Canada. I doubt she will be able to return to the US until she is granted a CR-1 which will take several months.

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Aztec&Taino Proficient

Aztec&Taino   144

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
Posted

Hi all. My first time to post here. My wife is Canadian and presently in Canada with her family. I'm living in Austin, Texas. We got married on January 5th of this year and had been dealing with complications with USCIS, especially related to her adjustment of status for permanent residency. That was finally settled and USCIS graned her permission to travel and start work and school.

However, she's been in Canada the past few months because of illness. She was granted permission to travel and start work and school and was also given her I-797C Notice of Action to come in for a final interview on September 7th of this year. She forgot to reschedule an appointment and we just missed it.

I'm wondering what do we do next? Will she be able to reschedule an appointment again or will we have to go through the whole process all over again? If she's allowed to reschedule the appointment, will she be able to work and go to school before the interview or will she have to wait until after the interview?

I'm really unclear on this whole process and any help would be appreciated. Thank you.

Yes, make an InfoPass appointment. You need to find out what is your wife's standing in order to know how to proceed. Yet, missing a scheduled interview is really bad and may have affected your wife's legality in this country. Best wishes!

August 23, 2010 - I-129 F package sent via USPS priority mail with delivery confirmation.

August 30, 2010 - Per Department of Homeland Security (DHS) e-mail, petition received and routed to California Service Center for processing. Check cashed. I-797C Notice of Action by mail (NOA 1) - Received date 08/25/2010. Notice date 08/27/2010.

After 150 days of imposed anxious patience...

January 24, 2011 - Per USCIS website, petition approved and notice mailed.

January 31, 2011 - Approval receipt notice (NOA 2) received by mail. Called NVC, given Santo Domingo case number, and informed that petition was sent same day to consulate.

Called Visa Specialist at the Department of State every day for a case update. Informed of interview date on February, 16 2011. Informed that packet was mailed to fiance on February, 15 2011.

February 21, 2011 - Fiance has not yet received packet. Called 1-877-804-5402 (Visa Information Center of the United States Embassy) to request a duplicate packet in person pick-up at the US consulate in Santo Domingo. Packet can be picked-up by fiance on 02/28.

March 1, 2011 - Medical exam completed at Consultorios de Visa in Santo Domingo.

March 9, 2011 at 6 AM - Interview, approved!

March 18, 2011 - POE together. JFK and O'Hare airports. Legal wedding: May 16, 2011.

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baron555 Veteran

baron555   934

Posted
Filed: AOS (apr) Country: Kenya
 Timeline
Posted (edited)

was also given her I-797C Notice of Action to come in for a final interview on September 7th of this year. She forgot to reschedule an appointment and we just missed it.

Today is not September 8th!!! Do as others have described.....NOW!!!

And did you know you also were required to attend an AOS interview?

Edited by baron555

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

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pushbrk Grand Master

pushbrk   12,979

Posted
Filed: Other Country: China
 Timeline
Posted (edited)

Today is not September 8th!!! Do as others have described.....NOW!!!

And did you know you also were required to attend an AOS interview?

Be prepared to begin a CR1 visa process and for your wife to stay outside the USA for several more months. You'll be using the same I-130 but your I-485 is unlikely to be reinstated.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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