Rescheduling AOS interview from K-1 Visa

[Yellowhead 12]

My husband and I are adjusting status from K-1 visa to LPR. I entered the US on April 29, we married on May 2, and we filed the paperwork a few days later. We received our NOA1's for I-131 and I-485. I have had a trip planned previously to go home to my birth city (haven't been there in years, and there is a wedding/reunion there in mid July). I had to apply for an expedite for the I-131 and after making two infopass appointments and spending countless hours at USCIS I was approved for the expedite. The trip falls from July 4-25th (my parents figured if they were paying over a grand to fly me home that I should stay for longer than a couple of days). My husband is also coming with me, so neither of us will be in the USA. Even though USCIS has my travel information on file, they scheduled my interview at the Sacramento USCIS office for July 20th. I am going to have to reschedule this, as I confirmed this flight in advance, have had my ticket for months, even before entry into the US and have obligations in the wedding and festivities (I am the wedding photographer!). I have committed to this and thought all was fine and dandy (figured I would just reschedule) but after perusing the forums here, I realize it is not that simple.

Can I get some help with regard to what COULD happen, what is LIKELY to happen and how to possibly avoid a negative outcome with this? I HAVE to reschedule, but we certainly cannot afford to have this process denied and having to start over. We are relying on parents right now and have pretty much tapped them out with this process.

Please no negative comments (like calling me stupid, etc.). I need all the suggestions I can get. What should I do to be proactive to ensure we don't get a denial?

[JimVaPhuong 4,863]

Too many people on this forum have tried to reschedule their interview and run into problems. Some were not able to get the interview rescheduled. Some never received a response from USCIS. Some received a response and acknowledgment from USCIS that the interview had been rescheduled, but the new interview appointment info never reached the IO who was supposed to conduct the interview.

What has become clear from everyone's experience is that if the IO expects you to show up on a particular date and time and you don't show up then your AOS will be denied. They usually give you 30 days to file a motion to reopen. If you try to enter the US during those 30 days then the CBP officer may parole you into the US so you can file your motion. If they don't then you're screwed. You can't get back into the US on the K1, and you can't refile the AOS unless you're in the US. If you enter as a visitor then you can't file based on the K1.

The conventional wisdom on this forum is to NOT attempt to reschedule the interview, and if you must use the AP to leave then your plans should be flexible enough to allow you to return in time for the interview.

I'll honor your request and not try to lecture you, and instead direct this advice to anyone else reading who might be contemplating the same thing you're doing - don't do it. If you come to the US with a K1 visa then you should expect that your time will not be your own for the first four to six months, and that your schedule will be at the mercy of USCIS. Don't make inflexible plans that require your absence from the US until AFTER you have your green card in hand.

If you want to ensure you don't get denied then I strongly recommend you cut your trip a few days short, and get back to the US in time for the scheduled interview.

[Harpa Timsah 13,258]

You might pm user marriedtomrg about their experience. I remember they had to reschedule their interview because she was giving birth! Good luck.

[Adil & Jeanne 296]

You asked them to expediate your case and you were lucky, as they did. You should now respect this and keep the appointment. This is not negative but you got special treatment and so many of us wait over a year. so, please, keep apointment. If you don't, it makes it hard on the next person who asks.

My husband and I are adjusting status from K-1 visa to LPR. I entered the US on April 29, we married on May 2, and we filed the paperwork a few days later. We received our NOA1's for I-131 and I-485. I have had a trip planned previously to go home to my birth city (haven't been there in years, and there is a wedding/reunion there in mid July). I had to apply for an expedite for the I-131 and after making two infopass appointments and spending countless hours at USCIS I was approved for the expedite. The trip falls from July 4-25th (my parents figured if they were paying over a grand to fly me home that I should stay for longer than a couple of days). My husband is also coming with me, so neither of us will be in the USA. Even though USCIS has my travel information on file, they scheduled my interview at the Sacramento USCIS office for July 20th. I am going to have to reschedule this, as I confirmed this flight in advance, have had my ticket for months, even before entry into the US and have obligations in the wedding and festivities (I am the wedding photographer!). I have committed to this and thought all was fine and dandy (figured I would just reschedule) but after perusing the forums here, I realize it is not that simple.

Can I get some help with regard to what COULD happen, what is LIKELY to happen and how to possibly avoid a negative outcome with this? I HAVE to reschedule, but we certainly cannot afford to have this process denied and having to start over. We are relying on parents right now and have pretty much tapped them out with this process.

Please no negative comments (like calling me stupid, etc.). I need all the suggestions I can get. What should I do to be proactive to ensure we don't get a denial?

[Yellowhead 12]

You asked them to expediate your case and you were lucky, as they did. You should now respect this and keep the appointment. This is not negative but you got special treatment and so many of us wait over a year. so, please, keep apointment. If you don't, it makes it hard on the next person who asks.

I understand, I WAS really lucky to have gotten the AP document in time. Especially not for an emergency situation. However, I am not sure why they would approve AP and then schedule my interview during the trip that caused the expedite in the first place. It just seems so unprofessional to me. All my dealings with USCIS have been unprofessional. I scheduled an infopass for my AP expedite (2 appointments actually) and brought supporting documentation. This is the office where my interview is to take place, so I think I will schedule another infopass and go speak with the same officer as before. He knows my situation, he approved my case, so maybe he can assist. I cannot change my trip dates or I will lose the money we paid for the trip for both myself and my husband (over $2000 in total). I am fine with delaying my AOS case, we are doing fine without the benefits of the green card right now so a few more months doesn't worry me. I just don't want a mishap to occur where their is a denial. I will try to get as much information to confirm the change (if he approves it) in writing to take with me to the border as necessary. I will also get direct contact information for the USCIS office to ensure I have a point of contact if needed at the border if a mishap occurs. I have had many a problem since I began this process and the AP expedite was my first happy moment after many problems at the border, with my I-94, and case in general. I will make a decision about the trip when I find out more from the local office. I am not trying to abuse the system, but I have trouble respecting a system that is very incompetent, especially when people's lives and futures are at stake. Let's hope they prove me wrong this time.

[KayDeeCee 4,891]

I understand, I WAS really lucky to have gotten the AP document in time. Especially not for an emergency situation. However, I am not sure why they would approve AP and then schedule my interview during the trip that caused the expedite in the first place. It just seems so unprofessional to me. All my dealings with USCIS have been unprofessional. I scheduled an infopass for my AP expedite (2 appointments actually) and brought supporting documentation. This is the office where my interview is to take place, so I think I will schedule another infopass and go speak with the same officer as before. He knows my situation, he approved my case, so maybe he can assist. I cannot change my trip dates or I will lose the money we paid for the trip for both myself and my husband (over $2000 in total). I am fine with delaying my AOS case, we are doing fine without the benefits of the green card right now so a few more months doesn't worry me. I just don't want a mishap to occur where their is a denial. I will try to get as much information to confirm the change (if he approves it) in writing to take with me to the border as necessary. I will also get direct contact information for the USCIS office to ensure I have a point of contact if needed at the border if a mishap occurs. I have had many a problem since I began this process and the AP expedite was my first happy moment after many problems at the border, with my I-94, and case in general. I will make a decision about the trip when I find out more from the local office. I am not trying to abuse the system, but I have trouble respecting a system that is very incompetent, especially when people's lives and futures are at stake. Let's hope they prove me wrong this time.

There were a couple people in this thread that were successful by sending a written letter to their local USCIS office, and going to an InfoPass about it. http://www.visajourney.com/forums/topic/174638-reschedule-initial-adjustment-of-status-interview/

Recently, the VJ member, BirdyGirl85, needed to reschedule so she and her husband did not lose out on thousands of dollars they had paid for their honeymoon. They were successful at canceling their interview without a denial, but are still waiting for a new interview date. You could maybe send them a private message about it.

[Yellowhead 12]

There were a couple people in this thread that were successful by sending a written letter to their local USCIS office, and going to an InfoPass about it. http://www.visajourney.com/forums/topic/174638-reschedule-initial-adjustment-of-status-interview/

Recently, the VJ member, BirdyGirl85, needed to reschedule so she and her husband did not lose out on thousands of dollars they had paid for their honeymoon. They were successful at canceling their interview without a denial, but are still waiting for a new interview date. You could maybe send them a private message about it.

Thanks so much! I brought a written letter to my infopass appointment. Luckily I got the same guy who handled my AP expedite and he knew my case already. He said because my I-131 reason was valid for them, the reschedule would also be a valid reason, so he took a copy of the appointment letter, my letter to USCIS and told me to come back in a week and he would have something for me in writing saying that it has been rescheduled, or at least cancelled and pending reschedule date allotment. I am going to keep my fingers crossed as June 29, my next infopass appt, is 5 days before I leave for my trip. I have been warned by many to get proof of the reschedule from the office and I will do just that and hope for the best. He said either way I will be taking a gamble with reschedule, including having my case postponed further - which I expected anyway).

Fingers crossed!