Had interview today - Summary and few questions

[MisterEko 1]

Hey guys,

So after a less-than-anticipated wait, we did out interview this morning, here in Atlanta, GA.

My wife and I filed last year in March - she is a permanent resident, and I am a foreigner on F-1.

Anyways, we walked in at 9:00 am, interview was soon after. They called our name, we met our IO, and proceeded to the office.

She was pretty emotionless, which I guess is normal considering the amount of interviews they go through. What surprised me is how short the interview was. All in all, about 15 minutes, together with oaths and the standard "have you committed any crimes" questions. She literally only asked how we met, and then asked for all the evidence, which we gave to her. This included bills, loans, leases, memberships, tickets, hotels, car reservations, pictures, everything. She asked if he had any questions, and my only one was "Did you need anything else from us?" because I felt this was far too short.

She said no, and that we will hear from the within 2-3 weeks, and should they need RFE, we will be notified.

She did take out my I-94 out of the passport right in the middle of the interview, but didn't stamp anything.

Do you think that the shortness of the interview was good or bad, as well as lack of questions?

Why would she mention RFE when she didn't even look over the evidence we provided?

What is the timeline I can expect to see the status change online?

Thanks a lot guys, and ask any questions you may have.

Edited May 20, 2014 by MisterEko

[Newbie608 103]

How were you able to adjust your status if your wife is a LPR?

[Harpa Timsah 13,258]

The brevity of the interview is a good sign. I think the RFE comment was just that the file will be subject to a final (more thorough) review of paperwork. Sounds like your marriage is not in question so you pass on that but that the IO did not thoroughly examine the paperwork yet.

How were you able to adjust your status if your wife is a LPR?

F2A was current recently so they could adjust. Whether or not it can be approved now depends on current priority date.

[MisterEko 1]

The brevity of the interview is a good sign. I think the RFE comment was just that the file will be subject to a final (more thorough) review of paperwork. Sounds like your marriage is not in question so you pass on that but that the IO did not thoroughly examine the paperwork yet.

F2A was current recently so they could adjust. Whether or not it can be approved now depends on current priority date.

Any idea how long this would take?

And also, what do you mean by "Whether or not it can be approved now depends on current priority date." ?

I was under the impression that once the interview was over, I am either approved or not and get the GC or don't?

[Harpa Timsah 13,258]

I think if your priority date is not current at your interview, then you cannot be approved until it is current (and would be pending until then). But, I am not sure, there may be something in place to protect people from retrogression, but I don't see how a GC can be approved when there is no available visa number.

[MisterEko 1]

I think if your priority date is not current at your interview, then you cannot be approved until it is current (and would be pending until then). But, I am not sure, there may be something in place to protect people from retrogression, but I don't see how a GC can be approved when there is no available visa number.

Thing is, it is impossible to get an interview unless your priority date is current. Accord to the lawyers, once you get the interview, dates don't matter - you're past that.

[vkn 1]

Thing is, it is impossible to get an interview unless your priority date is current. Accord to the lawyers, once you get the interview, dates don't matter - you're past that.

This is incorrect. Harpa is right. If your priority date is not current on your interview date, your case is not adjudicated till your PD becomes current. As of now, spouse-based applications (F2A) have unfortunately retrogressed 2 years. If your lawyer told you the above, you might want to consider firing him.

[vkn 1]

Thing is, it is impossible to get an interview unless your priority date is current. Accord to the lawyers, once you get the interview, dates don't matter - you're past that.

I just wanted to add one more thing, if your priority date was before 8th Sept 2013, your PD is current till the end of May (the retrogression doesn't happen till June) and a visa number should be available for you. It seems from your initial post, that this is true, so you should be good.

However, my earlier post still stands. Interviews are regularly conducted even if PDs have retrogressed and PDs matter even after interviews.

[MisterEko 1]

I just wanted to add one more thing, if your priority date was before 8th Sept 2013, your PD is current till the end of May (the retrogression doesn't happen till June) and a visa number should be available for you. It seems from your initial post, that this is true, so you should be good.

However, my earlier post still stands. Interviews are regularly conducted even if PDs have retrogressed and PDs matter even after interviews.

Hi, thanks for answering. My PD is March 2013. So at the time of the interview, it was current. You are saying that in 10 days, my PD won't be current, so if my case isn't approved by then, I will be pushed about 17 months back?

It just seems so unrealistic to be left at the discretion of the IO to get it done in the next 10 days, especially with how uninterested she seemed.

Or does PD only matter at the time of the interview?

Thank you.

[vkn 1]

Hi, thanks for answering. My PD is March 2013. So at the time of the interview, it was current. You are saying that in 10 days, my PD won't be current, so if my case isn't approved by then, I will be pushed about 17 months back?

It just seems so unrealistic to be left at the discretion of the IO to get it done in the next 10 days, especially with how uninterested she seemed.

Or does PD only matter at the time of the interview?

Thank you.

Yes, I believe on the day the IO decides to approve, the PD should be current. I know its a nightmare, but given that your interview was good, barring any missing documentation, you should hear something positive soon! I do doubt that the IOs are sadists who will dilly dally just to put you through an additional wait.

All the best to you. I hope you are approved soon!

[Harpa Timsah 13,258]

And I will add, even if you must wait, you can get EAD and AP renewed for free all the time, and live mostly normally in the US, with I-485 pending.

[MisterEko 1]

And I will add, even if you must wait, you can get EAD and AP renewed for free all the time, and live mostly normally in the US, with I-485 pending.

I do have EAD, but I never applied for AP. Any idea if it would be possible to do so after the decision comes in?

[Harpa Timsah 13,258]

I do have EAD, but I never applied for AP. Any idea if it would be possible to do so after the decision comes in?

Yep, you can apply for AP for free with a copy of your NOA1 for your I-485. But hopefully you'll be approved this month and it won't come to that. Good luck.

[MisterEko 1]

Yep, you can apply for AP for free with a copy of your NOA1 for your I-485. But hopefully you'll be approved this month and it won't come to that. Good luck.

Thank you. I'm starting to wonder if the IO wasn't interested in the interview as soon as she found out my wife is a PR.

[Pitaya 2,576]

~Moved from WST-based AOS to WST-based AOS Progress Forum~

~Commentary about recent AOS interview~

Edited May 21, 2014 by A&B