I-485 Interview for Mother

[blackeyedsusan 29]

My mother-in-law has an interview scheduled for her 485 on August 17. Her son is the petitioner. Is he required to be at the interview? The notice states, "If the beneficiary on the I-130 visa petition is NOT your spouse, he or she should appear and must submit supporting documents of relationship." So her son is obviously not her spouse, but he's the petitioner and she's the beneficiary, so i dont know why it's worded this way. We've already submitted proof of relationship, documents pertaining to the 864, etc. Does she need to take copies of everything along with her?

[Lil bear 3,831]

1 hour ago, blackeyedsusan said:

My mother-in-law has an interview scheduled for her 485 on August 17. Her son is the petitioner. Is he required to be at the interview? The notice states, "If the beneficiary on the I-130 visa petition is NOT your spouse, he or she should appear and must submit supporting documents of relationship." So her son is obviously not her spouse, but he's the petitioner and she's the beneficiary, so i dont know why it's worded this way. We've already submitted proof of relationship, documents pertaining to the 864, etc. Does she need to take copies of everything along with her?

Do what it says. It is clear. Beneficiary must appear not petitioner   Take originals of all evidence already submitted with the I 130/485 forms . Dont second guess or try to understand why. 

Edited August 7, 2022 by Lil bear

[powerpuff 5,884]

~~ Topic moved from Bringing Family Members of US Citizens to AOS work/student/tourist visas - this is no longer consular processing ~~

[Queen14 2]

On 8/6/2022 at 10:04 PM, blackeyedsusan said:

My mother-in-law has an interview scheduled for her 485 on August 17. Her son is the petitioner. Is he required to be at the interview? The notice states, "If the beneficiary on the I-130 visa petition is NOT your spouse, he or she should appear and must submit supporting documents of relationship." So her son is obviously not her spouse, but he's the petitioner and she's the beneficiary, so i dont know why it's worded this way. We've already submitted proof of relationship, documents pertaining to the 864, etc. Does she need to take copies of everything along with her?

She need to bring everything with her plus more evidence to show even though that’s  her son. What month was she DQ ? Still waiting interview for my parents .. good luck 

[blackeyedsusan 29]

10 hours ago, Queen14 said:

She need to bring everything with her plus more evidence to show even though that’s  her son. What month was she DQ ? Still waiting interview for my parents .. good luck 

I'm not sure what you mean by DQ, but we applied for her in June of 2021.

[Lil bear 3,831]

10 hours ago, Queen14 said:

She need to bring everything with her plus more evidence to show even though that’s  her son. What month was she DQ ? Still waiting interview for my parents .. good luck 

DQ documentary qualified ,.  does not apply to the AOS process.. only consular processing where the beneficiary is overseas and the approved I130 is sent to the NVC for the immigrant visa document submission    

[blackeyedsusan 29]

On 8/8/2022 at 11:07 PM, Lil bear said:

DQ documentary qualified ,.  does not apply to the AOS process.. only consular processing where the beneficiary is overseas and the approved I130 is sent to the NVC for the immigrant visa document submission    

She's already in the US so we went straight to AOS.

[Family 3,463]

Petitioner /son must go with his mom to the interview. 
Just carry the ordinals of documents you filed AOS with ( example Birth Certificate, etc ). 

If she doesn’t speak English, taking along someone ( other than Petitioner) to translate is wise.

[blackeyedsusan 29]

So I have one vote for petitioner to go along, and one vote that he doesn't need to. Could somebody else also weigh in? Or how do I find out? We are on Maryland and the interview is on Miami, so it's a big deal for him to go along. 

[Family 3,463]

2 hours ago, blackeyedsusan said:

So I have one vote for petitioner to go along, and one vote that he doesn't need to. Could somebody else also weigh in? Or how do I find out? We are on Maryland and the interview is on Miami, so it's a big deal for him to go along. 

I am not guessing.
Perhaps if you read the notice again , it will be clearer to you . You can consult an immigration attorney , rather than make a decision based on “ votes” / responses. 

It’s a bit surprising they did not waive the interview altogether since majority of IR parents are waived. 
 

 

For family-based applications, USCIS generally requires the Form I-130 petitioner to appear for the interview with the principal adjustment of status applicant. In addition, derivatives are also required to appear regardless of the filing category.

 

[blackeyedsusan 29]

9 hours ago, Family said:

I am not guessing.
Perhaps if you read the notice again , it will be clearer to you . You can consult an immigration attorney , rather than make a decision based on “ votes” / responses. 

It’s a bit surprising they did not waive the interview altogether since majority of IR parents are waived. 
 

 

For family-based applications, USCIS generally requires the Form I-130 petitioner to appear for the interview with the principal adjustment of status applicant. In addition, derivatives are also required to appear regardless of the filing category.

 

I didn't mean to question your knowledge and I'm sorry if it came off that way. We were told early on in the process that he wouldn't need to be at the interview, so that's another reason I just wanted to be clear. We just booked his plane ticket so it's all fine. He'll be there with her. 

[Family 3,463]

3 minutes ago, blackeyedsusan said:

didn't mean to question your knowledge and I'm sorry if it came off that way. We were told early on in the process that he wouldn't need to be at the interview, so that's another reason I just wanted to be clear. We just booked his plane ticket so it's all fine. He'll be there with her. 

Good decision . Good luck and keep posting