AOS Interview "Must Be Reviewed" due to issue with i-129f?

[t1m1t 8]

My wife and I just had our AOS Marriage Interview.  The interview went pretty smooth, but at the end of it, the interviewer told us that there is currently an issue with our i-129f not being cleared for her to continue with the process.  She said that those in charge of the i-129f are supposed to have it copied, then shred the originals, but for some reason it's stuck in that position.  Because of that there is a delay.  The Reason for Continuance states:  "Your is being held for review."  She also mentioned that they may ask for more documents, and they might ask us for another interview (she did say that she doesn't think that will happen).

 

Has anyone experienced this?  It wasn't exactly clear what she meant, but I got from it that it isn't an issue with us and that we just need them to clear it.  One big issue is my wife needs to go to back to her home country in about a month.  She does have her EAD/AP card, but from what I've read it is no longer valid since we had our interview.  

[ThomasNC1988 762]

I'm fairly sure EAD is valid until a decision is made on your I-485. Someone will tell us if I am wrong most likely. That is kind of a strange issue.

[clare240 6]

Why do you still have an i-129f if you're already married? They're supposed to shred it after you're married, or? 

[t1m1t 8]

Just now, clare240 said:

Why do you still have an i-129f if you're already married? They're supposed to shred it after you're married, or? 

That’s why I’m confused. She said that it wasn’t shredded yet or a copy for their keeping wasn’t made. She said she wanted to approve us but because of the issue with the i129f, they can’t move forward with the approval...

19 minutes ago, ThomasNC1988 said:

I'm fairly sure EAD is valid until a decision is made on your I-485. Someone will tell us if I am wrong most likely. That is kind of a strange issue.

I hope so... I’ve seen other sites that say it’s invalid while green card is pending...

[geowrian 22,335]

Technically both EAD and AP remain valid until they expire OR the pending AOS application is denied.

When my wife had her AOS interview last year, we explicitly asked the IO about my wife using her existing AP to travel abroad and return if the green card wasn't in her hands yet. She said it was perfectly fine.

If the green card is actually issued before returning, you can use AP to board the plane, but tell the CBP officer that you are now a green card holder. It shouldn't matter, but you want to be admitted as an LPR, not paroled into the country, so it can't hurt to let them know.

[t1m1t 8]

17 hours ago, geowrian said:

Technically both EAD and AP remain valid until they expire OR the pending AOS application is denied.

When my wife had her AOS interview last year, we explicitly asked the IO about my wife using her existing AP to travel abroad and return if the green card wasn't in her hands yet. She said it was perfectly fine.

If the green card is actually issued before returning, you can use AP to board the plane, but tell the CBP officer that you are now a green card holder. It shouldn't matter, but you want to be admitted as an LPR, not paroled into the country, so it can't hurt to let them know.

That's good to hear!  Thank you for the update!! 

 

Just realized we have another issue... The interviewer did mention that there may be a possibility of another interview (but she did say it probably won't happen).  If she were to leave the country, and another interview was issued, she'd have to come back (she has to be gone for about 3 months).  Are second interviews, if given, usually scheduled a distance from when the notifications are sent out?  Our initial interview notification and the actual interview date were spaced out about a month (notification 1/23, interview 2/27)

[geowrian 22,335]

2 minutes ago, t1m1t said:

Just realized we have another issue... The interviewer did mention that there may be a possibility of another interview (but she did say it probably won't happen).  If she were to leave the country, and another interview was issued, she'd have to come back (she has to be gone for about 3 months).  Are second interviews, if given, usually scheduled a distance from when the notifications are sent out?  Our initial interview notification and the actual interview date were spaced out about a month (notification 1/23, interview 2/27)

Interviews are usually scheduled at least a month out and typically in the 1-2 month range. This tends to vary by field office, though. If one were to be requested, expect relatively the same amount of time notice as your first interview.