Help: Waiting 2+ years for AOS interview

[jwilson2468 2]

My husband and I were married on 3/1/2019 and have been waiting since then for his I-485 AOS interview. This is partially due to our initial interview being cancelled due to COVID-19, and also due to a glitch in the system where they sent our interview notice to an old address, which we haven't lived at for 2 years. (Note: we have received correspondence from USCIS to our current address, and it was confirmed by a Tier 2 agent that it was updated, and must have been a system error). 

 

I have a few questions:

1. Is there anything we can do to expedite this? My husband is now applying for his EAD/AP for the third time.
2. Should we file a request to expedite?
3. Since we've been married for 2+ years, will we skip the 2 year green card and go straight to the 10 year?
4. Should we hire a lawyer?

 

Here's a timeline of our events so far:

• 03/15/2019: Sent I-485, I-131 and I-765 package
• 05/08/2019: Fingerprints reviewed
• 09/27/2019: Request to change address approved
• 02/03/2020: I-485 interview scheduled
• 03/18/2020: I-485 interview cancelled (due to COVID-19)
• 03/19/2020: I-485 interview ready to be scheduled
• 07/23/2020: I-485 interview scheduled
• *08/06/2020: Interview (we missed it, as we hadn't received the interview letter, despite our address being updated and confirmed on 09/27/2019. Please note at this time the USPS in NYC was also barely operating, so all mail was delayed by 2+ weeks. If it had gone to the correct address, we probably still wouldn't have received it in time.)
• 08/25/2020: Request to reschedule interview approved

 

It's now 05/05/2021, and we have not heard anything. We have tried calling USCIS dozens of times, and are unable to get through to an officer who can actually help us.

 

Our current case status is "Interview was scheduled. On July 23, 2020, we scheduled an interview for your Form I-485, Application to Register Permanent Residence...".

 

Would appreciate any and all advice. Thanks so much!

[K1visaHopeful 2,649]

1. No. Just renew your I765/I131.

2. There is no such thing as an I485 expedite. That's what I765 and I131 are for.

3. If your IO makes no mistakes, yes.

4. They won't be able to do much.

[Mike E 11,722]

1. Try getting a tier 2 officer.  People have reported success by saying Info Pass to the automated attendant.  
2. It won’t hurt but I’m not sure on what basis.  
3. Yes it will be a 10 year green card. Also start thinking about filing N-400.  
4. A consult  with a lawyer might expose other options or advice.  
    

Start getting in the habit of checking your case online each week.  That way of their mailings due to you, you will notice they are missed.  
 

set USPS informed delivery.  

Edited May 5, 2021 by Mike E

[igoyougoduke 1,604]

51 minutes ago, jwilson2468 said:

My husband and I were married on 3/1/2019 and have been waiting since then for his I-485 AOS interview. This is partially due to our initial interview being cancelled due to COVID-19, and also due to a glitch in the system where they sent our interview notice to an old address, which we haven't lived at for 2 years. (Note: we have received correspondence from USCIS to our current address, and it was confirmed by a Tier 2 agent that it was updated, and must have been a system error). 

 

I have a few questions:

1. Is there anything we can do to expedite this? My husband is now applying for his EAD/AP for the third time.
2. Should we file a request to expedite?
3. Since we've been married for 2+ years, will we skip the 2 year green card and go straight to the 10 year?
4. Should we hire a lawyer?

 

Here's a timeline of our events so far:

• 03/15/2019: Sent I-485, I-131 and I-765 package
• 05/08/2019: Fingerprints reviewed
• 09/27/2019: Request to change address approved
• 02/03/2020: I-485 interview scheduled
• 03/18/2020: I-485 interview cancelled (due to COVID-19)
• 03/19/2020: I-485 interview ready to be scheduled
• 07/23/2020: I-485 interview scheduled
• *08/06/2020: Interview (we missed it, as we hadn't received the interview letter, despite our address being updated and confirmed on 09/27/2019. Please note at this time the USPS in NYC was also barely operating, so all mail was delayed by 2+ weeks. If it had gone to the correct address, we probably still wouldn't have received it in time.)
• 08/25/2020: Request to reschedule interview approved

 

It's now 05/05/2021, and we have not heard anything. We have tried calling USCIS dozens of times, and are unable to get through to an officer who can actually help us.

 

Our current case status is "Interview was scheduled. On July 23, 2020, we scheduled an interview for your Form I-485, Application to Register Permanent Residence...".

 

Would appreciate any and all advice. Thanks so much!

you should file a Writ of Mandamus in a judicial court with a lawyer, asking a judge to step and get you a decision. 2 years is a long time to wait.

[K1visaHopeful 2,649]

PS. I485 processing times at the local field office in NYC are currently 14.5 to 39 months.

You're only eligible to place an outside of normal processing times enquiry if you filed before Feb 17th, 2018 as of today.

Your timeline is completely normal.

Check out the website.

Edited May 5, 2021 by K1visaHopeful

[jwilson2468 2]

21 minutes ago, Mike E said:

1. Try getting a tier 2 officer.  People have reported success by saying Info Pass to the automated attendant.  
2. It won’t hurt but I’m not sure on what basis.  
3. Yes it will be a 10 year green card. Also start thinking about filing N-400.  
4. A consult  with a lawyer might expose other options or advice.  
    

Start getting in the habit of checking your case online each week.  That way of their mailings due to you, you will notice they are missed.  
 

set USPS informed delivery.  

 

Thank you! I thought you needed to have a green card for 3 years to file N-400. Is that not the case? 

[Chancy 6,233]

40 minutes ago, jwilson2468 said:

I thought you needed to have a green card for 3 years to file N-400. Is that not the case? 

 

You are correct -- one requirement for filing N-400 based on marriage to a USC is being an LPR for at least 3 years (technically, 2 years and 9 months).

 

[Crazy Cat 39,136]

6 hours ago, jwilson2468 said:

 

Thank you! I thought you needed to have a green card for 3 years to file N-400. Is that not the case? 

You do.  (Two years minus 90 days to be exact)

Edited May 5, 2021 by Lucky Cat

[Mike E 11,722]

5 hours ago, jwilson2468 said:

 

Thank you! I thought you needed to have a green card for 3 years to file N-400. Is that not the case? 

Yes that is the case.  

[Scandi 3,970]

5 hours ago, Chancy said:

 

You are correct -- one requirement for filing N-400 based on marriage to a USC is being an LPR for at least 3 years (technically, 2 years and 9 months).

 

Actually, it's 3 years minus 90 days, not 2 years and 9 months. Never file too early, even if it's just one day. 

[Chancy 6,233]

3 minutes ago, Scandi said:

Actually, it's 3 years minus 90 days, not 2 years and 9 months. Never file too early, even if it's just one day. 

 

Yup, you're right.

 

[SalishSea 16,718]

7 hours ago, igoyougoduke said:

you should file a Writ of Mandamus in a judicial court with a lawyer, asking a judge to step and get you a decision. 2 years is a long time to wait.

Force a decision without having had an interview?   Bad advice.

[Huckleberry&Koala 184]

9 hours ago, jwilson2468 said:

My husband and I were married on 3/1/2019 and have been waiting since then for his I-485 AOS interview. This is partially due to our initial interview being cancelled due to COVID-19, and also due to a glitch in the system where they sent our interview notice to an old address, which we haven't lived at for 2 years. (Note: we have received correspondence from USCIS to our current address, and it was confirmed by a Tier 2 agent that it was updated, and must have been a system error). 

 

I have a few questions:

1. Is there anything we can do to expedite this? My husband is now applying for his EAD/AP for the third time.
2. Should we file a request to expedite?
3. Since we've been married for 2+ years, will we skip the 2 year green card and go straight to the 10 year?
4. Should we hire a lawyer?

 

Here's a timeline of our events so far:

• 03/15/2019: Sent I-485, I-131 and I-765 package
• 05/08/2019: Fingerprints reviewed
• 09/27/2019: Request to change address approved
• 02/03/2020: I-485 interview scheduled
• 03/18/2020: I-485 interview cancelled (due to COVID-19)
• 03/19/2020: I-485 interview ready to be scheduled
• 07/23/2020: I-485 interview scheduled
• *08/06/2020: Interview (we missed it, as we hadn't received the interview letter, despite our address being updated and confirmed on 09/27/2019. Please note at this time the USPS in NYC was also barely operating, so all mail was delayed by 2+ weeks. If it had gone to the correct address, we probably still wouldn't have received it in time.)
• 08/25/2020: Request to reschedule interview approved

 

It's now 05/05/2021, and we have not heard anything. We have tried calling USCIS dozens of times, and are unable to get through to an officer who can actually help us.

 

Our current case status is "Interview was scheduled. On July 23, 2020, we scheduled an interview for your Form I-485, Application to Register Permanent Residence...".

 

Would appreciate any and all advice. Thanks so much!

If it was their error to send the notice to your old address even if you had changed your address and confirmation email, then you could reach out your congressman to solve this. We have been thru the similar issue. We had updated address and also saved confirmation page and also confirmed with agent as well, they had sent the notice to our old address and they had scheduled it based on our old address. I reached out to congressman, and he was able to transfer my case directly from one local office to the other one and they expedited the interview. I had the interview in a month after i reached out my congressman. 

[igoyougoduke 1,604]

On 5/5/2021 at 3:28 PM, Jorgedig said:

Force a decision without having had an interview?   Bad advice.

Bad advice .. huh.. There is a reason courts exists. If only USCIS did its job correctly following what congress mandated in immigration law 

[Scandi 3,970]

1 hour ago, igoyougoduke said:

Bad advice .. huh.. There is a reason courts exists. If only USCIS did its job correctly following what congress mandated in immigration law 

But you do realize that forcing them to make a decision when he hasn't even had an interview yet will only result in a denial, right? USCIS can't approve without an interview, so a denial is the only outcome of what you advice them to do. 

Edited May 9, 2021 by Scandi