gramercygreen

I will play, where are they?

You could have this friend (that you're renting from) provide a notarized statement / affidavit regarding the current situation.

And if you AOS is denied,  your current unexpired EAD card would be automatically cancelled as well

@ra0010 in that part I would have said "NO" and then find a good way to respond when I will be in front of them... 
@Johnny6751 When filing your forms, you have to be very cautious. Even if you did something, always said you did not especially in PART 8... when you said YES, it makes your case more difficult than it is. Your only affirmative answer should be about violating your non immigrant status in that part.

Of course not. I was just responding to the thread because somebody quoted me to prove than more categories than K1 visas were being waived. I know my status😂😂😂

You’re still under the F1 status (unless you’ve violated its terms).

You have to get the birth certificate that was issued from the hospital.
 
If the hospital doesn't have it or if it's gone (my husband's case) then the Household Registration Office (戶政事務所) should have a copy from the hospital.
 
My in-laws still live in Taiwan so it was easy for them to get. They took it next to a local translator and had it translated and certified.
 
USCIS accepted it after a few weeks.

Has anyone with the "AOS from marriage" category had their interview waived?     So far almost all the waivers are K-1 and one F-1.    

There seems to be two questions here: what happens if OP doesn’t go to the interview (in title), and can OP go back to their home country (in post).
 
(1) I assume that if you don’t go to your interview, the USCIS will deny your case. You will probably have to leave the country if your visa has already expired. That being said, I don’t think they’ll place a ban on you unless they found proof of some kind of foul play.
 
(2) You should be able to go to your home country and return to the US on the AP, as long as your AOS case is pending.

As long as you filed before your J-1 status expired, you have 0 days of unlawful presence accumulated. So when you leave the US, there is no ban.
That said, I'm unsure why that conflicts with the lawyer's advice...likely either they had different information than what was presented here or there is a misunderstanding. But there are no days of unlawful presence accumulated while there is a pending I-485, and the first ban starts at 180 days of unlawful presence accumulated.
 
1) Yes, they will deny the case if either one don't go to the interview (only very limited exceptions are available for the petitioner not to attend, like being deployed abroad).
While it does not sound like there is a ban in the OP's case due to the timing of the I-485 being filed, there absolutely can be a ban w/o any foul play. An overstay ban is statutory, not discretionary. Say somebody comes on a B-2 (tourist) visa and stayed 2 years then married a USC and filed for AOS. There would still be a 10 year ban upon exit (if they do not complete AOS), even if the marriage was legit.
 
2) Yes, they can return as long as AP remains valid. AP is revoked when the pending I-485 is denied.
Side note: No ban applies in that case even if they did have enough days of overstay, per Matter of Arrabally, due to it not being considered a "departure" while in possession of a valid AP document.

I don’t completely agree with this statement. My partner and I sent only the IRS tax transcripts (nothing else), and did not receive an RFE.
 
You may respond with more supporting documentation and an explanation, but I would also recommend obtaining a joint sponsor if that’s feasible.

The only way to self-sponsor would be via VAWA (or via being a victim of human trafficking, or in certain cases to aid with law enforcement for criminal activities). Nothing about "extreme abuse" has been claimed, so VAWA doesn't appear to apply.
Other than the above provision, there is no way to do AOS via a K class visa except via the support of the original petitioner. K visas have this extra provision built into them.
 
K -1 visas use an I-129F, not an I-130. The I-129F would have already been approved just to get the K-1 visa.

I think the bigger issue is that the I-485 cannot be processed without an I-130. If the petitioning spouse doesn’t want to submit / wants to withdraw, the beneficiary cannot proceed.
 
One solution may be to switch to VAWA, but it’s unclear if the beneficiary is a victim of abuse.

I don't have any experience but all I'd say is answer everything truthfully so that you dont get into any trouble

Employment authorization and advance parole were approved for my husband on January 13th - yay!!! This is 3.5 months after they received our AOS packet. Card is in the mail. Now just waiting for a coveted NYC interview date lol. 

I've tried plenty of times. I even emailed both their email addresses, and nothing.

We’re really getting into the nitty gritty of things here... but I remember in some other thread about the Matter of Cavazos and the Matter of Ibrahim?
 
Intent to immigrate alone is not grounds to deny AOS for immediate relatives. It’s misrepresentation to the USCIS that’s the problem.
 
So I guess if OP re-enters and is *never* explicitly asked, then there is no misrepresentation even though the intent was present.
 
However, if OP *is* explicitly asked, then that’s where the problem starts: be honest and risk denial of entry, or be dishonest and commit immigration fraud.

And you are absolutely not trapped here. You can withdraw your AOS application and simply refile in the future.
 
Or, as the poster pointed out previously, you can go the CR-1 route (or IR-1 if your spouse ends up staying longer for the job in Canada).
 
The only thing in your way is the price tag, really. And maybe some ego. I dunno.

Okay, this is going to sound harsh, OP, but I have to point it out:
 
I’m under the impression that your spouse is a US citizen currently working in Canada, and that this opportunity presented itself while you were applying for the K-1 visa. From my point of view, it seems like you applied for AOS in December 2019 knowing that you would not be able to spend time with your spouse who works in Canada until the USCIS granted you advance parole.
 
And now you’re proceeding to complain about how stupid the process is, even though you knew this would have been the case since the beginning.
 
Perhaps delaying the AOS until your spouse returned to the US with stable employment was the better way to go.

And you are absolutely not trapped here. You can withdraw your AOS application and simply refile in the future.
 
Or, as the poster pointed out previously, you can go the CR-1 route (or IR-1 if your spouse ends up staying longer for the job in Canada).
 
The only thing in your way is the price tag, really. And maybe some ego. I dunno.

Okay, this is going to sound harsh, OP, but I have to point it out:
 
I’m under the impression that your spouse is a US citizen currently working in Canada, and that this opportunity presented itself while you were applying for the K-1 visa. From my point of view, it seems like you applied for AOS in December 2019 knowing that you would not be able to spend time with your spouse who works in Canada until the USCIS granted you advance parole.
 
And now you’re proceeding to complain about how stupid the process is, even though you knew this would have been the case since the beginning.
 
Perhaps delaying the AOS until your spouse returned to the US with stable employment was the better way to go.

And you are absolutely not trapped here. You can withdraw your AOS application and simply refile in the future.
 
Or, as the poster pointed out previously, you can go the CR-1 route (or IR-1 if your spouse ends up staying longer for the job in Canada).
 
The only thing in your way is the price tag, really. And maybe some ego. I dunno.

And you are absolutely not trapped here. You can withdraw your AOS application and simply refile in the future.
 
Or, as the poster pointed out previously, you can go the CR-1 route (or IR-1 if your spouse ends up staying longer for the job in Canada).
 
The only thing in your way is the price tag, really. And maybe some ego. I dunno.

Okay, this is going to sound harsh, OP, but I have to point it out:
 
I’m under the impression that your spouse is a US citizen currently working in Canada, and that this opportunity presented itself while you were applying for the K-1 visa. From my point of view, it seems like you applied for AOS in December 2019 knowing that you would not be able to spend time with your spouse who works in Canada until the USCIS granted you advance parole.
 
And now you’re proceeding to complain about how stupid the process is, even though you knew this would have been the case since the beginning.
 
Perhaps delaying the AOS until your spouse returned to the US with stable employment was the better way to go.