I-485 Interview Concerns

[mrpandabear 0]

My wife had her i-485 interview today at 8:45 AM on 8/31. We had everything prepared and the case rep told us that we had insufficient evidence so we had to go back and get more stuff and get it to her office by 2 PM.

Initially, we brought our joint savings account, photos, my life insurance with her as the primary beneficiary, joint car insurance. The case rep said she needed more and requested us to bring our separate checking accounts for 6 months, more photos, and anything else. So we gathered more photos, my past 6 months checking account that I have had for 10+ years with my parent's address and my wife's checking account with our current address, our LA Fitness membership printouts with our current addresses. Any bills such as car payments, water and power, and etc with my name on it but paid out of my wife's account. Our case rep said that she would get an answer to us within a week.

Our issue is my wife is scheduled to go to Korea next Tuesday, 9/4. She does have her advanced parole card so we want to know if she is ok to leave and go to Korea before a decision is made regarding her interview. Now, if she is out of the country and she has been denied, will she able to come back into the US? How likely is it she will approved? Our thought is she will be approved so she can leave next Tuesday and hopefully be approved while she is out of the US. Can anyone give us their opinions? Thank you.

[Chunger 0]

My opinion would be that if she has her I-131 card (advanced parole), she is approved for re-entry into the US so she should be okay.

I would recommend she bring as much evidence pertaining to your marriage, her domicile in the US, anything work related, etc in case she is questioned at the port of entry when she returns back home. Like you've said, the issue is that she is leaving the country so soon after being married? Hopefully she isn't in Korea for too long. Another piece of evidence for her to bring would be the reason for her visiting Korea right now to explain why she is leaving the country (US) so soon.

Best of luck...

[highHopes 17]

My wife had her i-485 interview today at 8:45 AM on 8/31. We had everything prepared and the case rep told us that we had insufficient evidence so we had to go back and get more stuff and get it to her office by 2 PM.

Initially, we brought our joint savings account, photos, my life insurance with her as the primary beneficiary, joint car insurance. The case rep said she needed more and requested us to bring our separate checking accounts for 6 months, more photos, and anything else. So we gathered more photos, my past 6 months checking account that I have had for 10+ years with my parent's address and my wife's checking account with our current address, our LA Fitness membership printouts with our current addresses. Any bills such as car payments, water and power, and etc with my name on it but paid out of my wife's account. Our case rep said that she would get an answer to us within a week.

Our issue is my wife is scheduled to go to Korea next Tuesday, 9/4. She does have her advanced parole card so we want to know if she is ok to leave and go to Korea before a decision is made regarding her interview. Now, if she is out of the country and she has been denied, will she able to come back into the US? How likely is it she will approved? Our thought is she will be approved so she can leave next Tuesday and hopefully be approved while she is out of the US. Can anyone give us their opinions? Thank you.

I agree you bring eveidence with her whiles travelling, honestly i think your rep was really stiff and mean coz with what u said and the rest you added were enough unless she saw something fishy whiles going through thats why she needed more evidence or possible she made the two of you go get the rest of document and maybe you guys were followed to see if truely you will get the documents together at the same house as stated. You just never know immigration officers.

Mine went great had mine tday and it was done and over within 5 mins i got a section 216 notice stating have to take off conditional i have and expect card in 4 to 6 weeks. All we had was pictures, statements and that was it.

[Harpa Timsah 13,258]

If her AOS is denied while she is out of the country, then no, she won't be allowed back in. The AP she has is based off of the I-485, and if the I-485 is denied, the AP and EAD are cancelled.

[mrpandabear 0]

If her AOS is denied while she is out of the country, then no, she won't be allowed back in. The AP she has is based off of the I-485, and if the I-485 is denied, the AP and EAD are cancelled.

Harpa,

If her AOS is denied while she is in Korea, what are her options of coming back in? I was told by the USCIS rep on the phone to call the US Consular in Korea? Any suggestions just in case of the worst scenario?

[Mrs. JHH 3]

My wife had her i-485 interview today at 8:45 AM on 8/31. We had everything prepared and the case rep told us that we had insufficient evidence so we had to go back and get more stuff and get it to her office by 2 PM.

Initially, we brought our joint savings account, photos, my life insurance with her as the primary beneficiary, joint car insurance. The case rep said she needed more and requested us to bring our separate checking accounts for 6 months, more photos, and anything else. So we gathered more photos, my past 6 months checking account that I have had for 10+ years with my parent's address and my wife's checking account with our current address, our LA Fitness membership printouts with our current addresses. Any bills such as car payments, water and power, and etc with my name on it but paid out of my wife's account. Our case rep said that she would get an answer to us within a week.

Our issue is my wife is scheduled to go to Korea next Tuesday, 9/4. She does have her advanced parole card so we want to know if she is ok to leave and go to Korea before a decision is made regarding her interview. Now, if she is out of the country and she has been denied, will she able to come back into the US? How likely is it she will approved? Our thought is she will be approved so she can leave next Tuesday and hopefully be approved while she is out of the US. Can anyone give us their opinions? Thank you.

I can't believe your interviewer asked for MORE evidence! Did anything go wrong during the interview that made your interviewer to ask for more evidences?

Unbelievable!

[Dr Mirage 0]

Do not leave the country without the AP no matter what. If you do you will start all over again and would never forgive yourself for doing this.

Cancel the ticket ... whatever it takes.. Do not leave the contry. Trust me.

I cannot state this anymore... If you get denied... NO AP.. Your EAD.. everything you worked hard for will get flushed down the drain.

Edited September 2, 2012 by Dr Mirage

[mrpandabear 0]

Thank you everyone for all the help! My wife and I just checked our updated status online and she was approved! Her card will be produced and sent to her in 30 days! Therefore, she will be able to go to Korea without any problems! We are so happy!

[KayDeeCee 4,892]

Thank you everyone for all the help! My wife and I just checked our updated status online and she was approved! Her card will be produced and sent to her in 30 days! Therefore, she will be able to go to Korea without any problems! We are so happy!

First of all.. Congrats!

You said your wife was going to Korea this Tues though. She will not have her green card by then. Technically the AP is no longer valid once the green card is approved. I do not know if CBP would let her back in with the AP without problems. I have read about cases where the green card is approved while the person is already out of the country and are allowed to use the AP to re-enter, but your wife got her approval before she is scheduled to leave. You may want to push back the date of the trip until she has her green card. It usually only takes 7-10 days to receive it instead of the 30. You could also make an infopass appointment to get a temporary stamp in her passport since she was approved and needs to travel. However, it is a holiday tomorrow and she is supposed to leave Tues. Again, you might want to push back her departure date by a week or 2 if possible.

[mrpandabear 0]

First of all.. Congrats!

You said your wife was going to Korea this Tues though. She will not have her green card by then. Technically the AP is no longer valid once the green card is approved. I do not know if CBP would let her back in with the AP without problems. I have read about cases where the green card is approved while the person is already out of the country and are allowed to use the AP to re-enter, but your wife got her approval before she is scheduled to leave. You may want to push back the date of the trip until she has her green card. It usually only takes 7-10 days to receive it instead of the 30. You could also make an infopass appointment to get a temporary stamp in her passport since she was approved and needs to travel. However, it is a holiday tomorrow and she is supposed to leave Tues. Again, you might want to push back her departure date by a week or 2 if possible.

Jay,

Couldn't I just mail her green card to her parent's place in Korea when I receive it here in America? Would that be an option?

[ceadsearc 516]

There is some dispute on legality of mailing a green card - not entirely sure if is legal. Also, if it gets lost - big problem. When on the 4th does she leave? I would make an Infopass or just show up if you can't get one that morning and ask for an I-551 stamp.

[Mrs. JHH 3]

Get an I-551 stamp and have peace of mind. I would NEVER EVER leave the country without green card in hands or I-551 stamp in my passport! Seriously!

[Dave&Judy 3]

Get an I-551 stamp and have peace of mind. I would NEVER EVER leave the country without green card in hands or I-551 stamp in my passport! Seriously!

Agree 100 %

And do you think its' worth taking risk when its' just wait for 1 or 2 weeks most?

I won't

[Dave&Roza 748]

My wife had her i-485 interview today at 8:45 AM on 8/31. We had everything prepared and the case rep told us that we had insufficient evidence so we had to go back and get more stuff and get it to her office by 2 PM.

Initially, we brought our joint savings account, photos, my life insurance with her as the primary beneficiary, joint car insurance. The case rep said she needed more and requested us to bring our separate checking accounts for 6 months, more photos, and anything else. So we gathered more photos, my past 6 months checking account that I have had for 10+ years with my parent's address and my wife's checking account with our current address, our LA Fitness membership printouts with our current addresses. Any bills such as car payments, water and power, and etc with my name on it but paid out of my wife's account. Our case rep said that she would get an answer to us within a week.

Our issue is my wife is scheduled to go to Korea next Tuesday, 9/4. She does have her advanced parole card so we want to know if she is ok to leave and go to Korea before a decision is made regarding her interview. Now, if she is out of the country and she has been denied, will she able to come back into the US? How likely is it she will approved? Our thought is she will be approved so she can leave next Tuesday and hopefully be approved while she is out of the US. Can anyone give us their opinions? Thank you.

Which is cheaper, changing the air travel date or filing for a spousal visa? Let's say you send her her GC to Korea and it gets lost or delayed and she has to enter the US before receiving the GC. How is she going to do that? Now she is outside the US with no document that allows her to re-enter. I suppose you could file for a replacement GC and wait for it to arrive and then hand deliver it to her since sending it to her caused problems the first time. $250 to reschedule the travel date is cheaper than the $450 for a replacement GC. If all that does not work out than you are stuck filing for a spousal visa and waiting with your wife in Korea.

I would make certain you either have the GC in hand or get an I-551 stamp in the passport BEFORE leaving the US. It took 2 days to receive the GC after approval for us. Our interview was on Thursday and the GC arrived on Saturday. Since they use Priority Mail, the GC may make it by the 4th, but I would bet on the 5th or 6th. I would still change my departure date if possible. Life is full of choices: choose wisely as this will have consquences that may last for a long time.

Good luck,

Dave

Edited September 3, 2012 by Dave&Roza

[loveoneanother 0]

Which is cheaper, changing the air travel date or filing for a spousal visa? Let's say you send her her GC to Korea and it gets lost or delayed and she has to enter the US before receiving the GC. How is she going to do that? Now she is outside the US with no document that allows her to re-enter. I suppose you could file for a replacement GC and wait for it to arrive and then hand deliver it to her since sending it to her caused problems the first time. $250 to reschedule the travel date is cheaper than the $450 for a replacement GC. If all that does not work out than you are stuck filing for a spousal visa and waiting with your wife in Korea.

I would make certain you either have the GC in hand or get an I-551 stamp in the passport BEFORE leaving the US. It took 2 days to receive the GC after approval for us. Our interview was on Thursday and the GC arrived on Saturday. Since they use Priority Mail, the GC may make it by the 4th, but I would bet on the 5th or 6th. I would still change my departure date if possible. Life is full of choices: choose wisely as this will have consquences that may last for a long time.

Good luck,

Dave