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Immigration Forum / USA Marriage Base / November 2004AOS Can't make it
Hello, I just received an appointment for our adjustment of status. Problem #1. It is Nebraska Service center #2. I can't make it #3. My attorney said if we do not go, our case could be denied. I found that one a little obsured considering I have complied from day one with immigration. Plus the bottom of the letter states to return it if you can not make it. What are the chances of our case being denied because I ask for them to schedule a little later? Reason for rescheduling is because the appointment date is Nov. 23 and I am in school. (not just Gen-ed either) I am in the RN program and the day the interview is scheduled is during a class that is lecture only. I have exams every single week and can not afford to miss this day. Plus 1 day later I have to drive to Chicago to take my son to his father. (This is not the biggest problem) The biggest problem is that I have taken this last week 1/2 off from work because my father is very ill and in the hospital. His heart is not good and needs surgery which he can not have. I have over extended my days off from work and to take to many more additional days off 2 weeks later could land me on the unemployment line. I am fully free from December 15th on and only ask they post pone the date for about 4 weeks until stress levels can decrease and I then will know what we have to do for my father. (He is being referred to another state for experimental procedures) I don't really see this as a problem.. It is all important. But....My attorney has scared me into thinking my husband has to return home because there is far to many things happening right now and we can't make it. Also with it being Nebraska, Are we going to have to wait another year for our interview. We have evidence of our marriage. Small amount but some. Name on checking account, His mail comes here and we both own our home and he is on my medical insurance (as long as I have a job). My kids call him dad and love him and vise versa.. (No pictures lately because everything is basically work and study not much in celebration yet and I am not a camera happy person) I have not changed the utility bills because that does not earn one credit unless you default. (To say his name is on the utility bill is rather redundant) Will they have a problem with us postponing it for a month. (Or what ever time they can)? My attorney has me scared. > Hello, > I just received an appointment for our adjustment of status. [quoted text clipped - 43 lines] > ever time they can)? > My attorney has me scared. Simple answer here is that if USCIS loses your letter for rescheduling the interview you will be denied (as your lawyer stated) and then you will have to appeal it and get the case re-opened. There have been several recent threads here of people rescheduling the interview, it is possible to do BUT iis a risk that one would be advised to avoid. Really if I were you I would attend the interview, the rest of your life in the US hinges on this interview and not attending when you are requested to is not something anyone should do. Personally I would even risk losing my job to attend the interview, it is just WAY too important to mess around with. Just my 2 cents. Patrick  Signatureinquisitive40 > Hello, > I just received an appointment for our adjustment of status. [quoted text clipped - 43 lines] > ever time they can)? > My attorney has me scared. Jewels, I went through immigration during RN school and the instructors worked with me when I had my interview(They had to reschedule a final exam for me for this day). As far as work goes, you will have a different job when you graduate from RN school so if they don't give you the day off for your interview at your present job, you can always get another job while you are still in school. Don't put off your AOS appointment. Listen to your attorney's advice on this one. > Hello, > I just received an appointment for our adjustment of status. [quoted text clipped - 43 lines] > ever time they can)? > My attorney has me scared. I dont know how far you have to travel, but I doubt that the interview will be an all day thing. Good Luck! :)Marnee > Hello, > I just received an appointment for our adjustment of status. [quoted text clipped - 43 lines] > ever time they can)? > My attorney has me scared. Try this... 1) Don't miss your interview. 2) If you're in doubt, read #1. Nothing - not school, not work - is as important as securing your status in the US. Sorry to hear about your dad... mine's in the same situation - a bad heart and surgery isn't an option. Ian > Try this... 1) Don't miss your interview. 2) If you're in doubt, > read #1. [quoted text clipped - 6 lines] > > Ian Just another point to mention here, if you do not attend the interview and USCIS screws up your rescheduling and they think you just didn't turn up, they will deny your application and AUTOMATICALLY as part of that denial they will withdraw your EAD, so regardless you could be on the unemployment line if your boss finds out you have no valid EAD. Sorry about your Dad, my Dad had heart disease for 17 years, started with a major heart attack which he died for several minutes, he too was inoperable and so had no real treatment for him except to monitor him. Go to the interview, as far as I recall you have to give a valid reason for rescheduling also, you could end up at the end of the list for an interview again. Patrick Signatureinquisitive40 > Just another point to mention here, if you do not attend the interview > and USCIS screws up your rescheduling and they think you just didn't [quoted text clipped - 11 lines] > for an interview again. > Patrick Hi Jewels, I'm so sorry to hear about your dad. Believe me, I understand. I have simply one piece of advice for you. Don't reschedule the interview. Knowing how USCIS can screw something up, they could possibly never get the letter (your request for rescheduling has to be in writing), misplace the letter, get the letter too late, etc. If that turns out to be so, the case could be abandoned as a "no-show" and it will be a royal pain to re-open and continue from there. As hard as it may be, I still think your best bet is to attend the interview. It's just one more day, and probably not a whole day at that. Something else...you said it's the Nebraska Service Center? What do you mean? Isn't the interview at your local office in you city or a nearby city? I didn't think the service centers conduct interviews. Take care, hang in there, and be strong. My prayers are with you and your dad. Rene > Hi Jewels, > [quoted text clipped - 18 lines] > > Rene p.s. - it's actually Jewels' husband's interview. He's the alien. Also, although your case could be denied because of no-show, it's not like they're going to come running after him the next day to deport him. If you have proof that you sent your request in writing, and that USCIS received it before your interview date, you can move to re-open the case and reschedule (that is, if USCIS doesn't get your letter). But you and I both know what a pain in the rear it is to deal with USCIS. Best to just avoid that scenario altogether, in my opinion. HUGS, Rene > p.s. - it's actually Jewels' husband's interview. He's the alien. > Also, although your case could be denied because of no-show, it's [quoted text clipped - 7 lines] > > HUGS, Rene Something else on this, can't USCIS deny a rescheduling if the reason is not deemed reasonable? i.e. if you rescheduled for some silly reason. Patrick Signatureinquisitive40 > Something else on this, can't USCIS deny a rescheduling if the reason > is not deemed reasonable? i.e. if you rescheduled for some silly > reason. > Patrick Jewels, Check out this related thread. Same scenario as you. http://britishexpats.com/forum/showthread.php?t=253297&highlight=resche- dule+AOS+interview Best Wishes, Rene > Hello, > I just received an appointment for our adjustment of status. [quoted text clipped - 43 lines] > ever time they can)? > My attorney has me scared. This is what you should be saying about getting your AOS interview date: http://www.britishexpats.com/forum/showthread.php?t=264480 :) > Hello, > I just received an appointment for our adjustment of status. [quoted text clipped - 43 lines] > ever time they can)? > My attorney has me scared. Reschedule your exam, NOT YOUR AOS!! It's wayyy easier to talk to instructors (who you know) rather than immigration officials. > Hello, > I just received an appointment for our adjustment of status. [quoted text clipped - 43 lines] > ever time they can)? > My attorney has me scared. Attend the interview. None of your reasons outweigh the importance of an AOS interview. (1) It is not Nebraska Service Center where your interview is - it is your local office; (2) Your instructor is not going to hold it against you if you miss a lecture because of a USCIS-required interview. Just get one of your classmate's notes or ask the instructor for a copy of his/her notes (I wouldn't hold it against a student if they missed my class for a USCIS appointment - especially if I knew it was a mandatory interview or they would be put in removal proceedings); (3) How is driving to Chicago going to affect you attending an interview the day before? (4) Convey to your employer that you have no choice but to attend the interview. If you do not, you will no longer be able to work for the employer if you are put in removal proceedings and have to leave the country. Besides, you'll have to leave the employer when your EAD expires anyway. You can't get your green card unless you attend the interview. Don't play with fire. Get the AOS interview over with and some of your stress will actually decrease, not increase. The interview is usually just an hour plus your driving times - hardly a huge sacrifice of time. Listen to your attorney. > Attend the interview. None of your reasons outweigh the importance of > an AOS interview. [quoted text clipped - 25 lines] > > Listen to your attorney. As Rene pointed out, the original poster is not the immigrant, it is her husband BUT all your points just outline what everyone has said GO TO THE INTERVIEW. Patrick Signatureinquisitive40 > As Rene pointed out, the original poster is not the immigrant, it is > her husband BUT all your points just outline what everyone has said > GO TO THE INTERVIEW. > Patrick Oh, thanks for pointing that out. Scratch point # 4 then. > Hello, > I just received an appointment for our adjustment of status. [quoted text clipped - 43 lines] > ever time they can)? > My attorney has me scared. Jewels, Nebraska Service Center? The service centers don't do interviews... Other than that, listen to what the other responders have told you. Regards, JEff SignatureOf course, the Internet also tells us that hot naked women want to befriend us, so we can't be 100% sure about everything we read there. (Dave Barry) > Jewels, > [quoted text clipped - 3 lines] > > Regards, JEff You might have filed there but.. after the case is approved it goes to your local office.. isn't that how it works people?? Anyway Good Luck to the OP.. and I hope you father gets better!!! :) > You might have filed there but.. after the case is approved it goes to > your local office.. isn't that how it works people?? > Anyway Good Luck to the OP.. and I hope you father gets better!!! > :) I think JEff and I already commented on that. ;) > I think JEff and I already commented on that. ;) Opps I missed your post!, sorry!! See ya later Mr Woodpecker!:) > Hello, > I just received an appointment for our adjustment of status. [quoted text clipped - 43 lines] > ever time they can)? > My attorney has me scared. Hi again Jewels...I know this is a hard time for you. I know you have a LOT on your plate. I just want to say that according to USCIS, whatever you've complied with before has no bearing on any current event they have on your case. You can comply up till the very end of his naturalization, but at the last minute if something goes wrong, he can still be denied. Past good behavior in USCIS doesn't constitute future leniency, unfortunately. :( Best Wishes, Rene Hi, Thanks for all your advise. I will gather my information and go. After all, legitimate reasons for me are not for others. One last question. Why does immigration ask you for the same information to be gathered that you gathered already for the application for AOS. I have to gather every document that I provided them with 10 months ago? Why can't we just bring proof of continuing income and proof of the relationship? > Hi, > Thanks for all your advise. [quoted text clipped - 7 lines] > Why can't we just bring proof of continuing income and proof of the > relationship? Simple... that's not the way USCIS does things! Never forget that you're dealing with a government bureaucracy - if they were to streamline their efforts, things would slow to a crawl! :) Ian > Hi, > Thanks for all your advise. [quoted text clipped - 7 lines] > Why can't we just bring proof of continuing income and proof of the > relationship? Hi Jewels, I'm glad you're going :) What are they asking for besides ongoing proof and perhaps a new I-864? Our AOS package was pretty small - just copies of NOA, passport, visa, I-94, birth certificate, prior marriage info, the G-325A, and the I-864 and supporting docs. Compared to the paperwork for the K1 interview, the AOS paperwork was much less. I think they're asking you to bring the originals of the stuff you sent copies of for the AOS, plus the ongoing proof since then. I'm excited for you! This is a big step! :) Rene They want us to bring copies of everything we already submitted along with a medical exam AGAIN. Bank statements, I-864, marriage certificate/transaltions, tax transcripts, proof of employment... All the stuff we submitted about 10 months ago. Last step though....I hope. They didn't say bring money....YET. > Hi Jewels, > [quoted text clipped - 9 lines] > > Rene Hey Everyone, I wanted to thank you for your advise. I took it and used it :) We went to our AOS and it took only about 2 minutes of questioning.(Seriously) She asked us to swear in and then the first question was, Are you still living together? She then asked if we get along well and then she asked for proof of our living together as a couple. I gave her copies of the mortgage... But I was missing about 5 of the papers that were signed by my husband but I told her she could pull the title of the house if she wanted and could see he is co-owner of our home. I gave her medical documentation to show we were both on the same medical plan and then showed he was on the bank account. I fell short of the income guideline for a family of 6 (WOW) by 300 annually but she did not care. I think she took into consideration my husband was not working and if he did, 300 is nothing to make up. My husband is now a "Legal Premanent Resident of the United States" I would say from start to finish with stamping his book, we were there for a whole 5-7 minutes. Waiting in the lobby of the Nebraska center was a different story. That was about 45 minutes :) Happy Turkey Day Rene!!!!!!!!!!!! Last question. So what comes next? I know this is immigration and it can't be the end. > > Hi Jewels, > > [quoted text clipped - 41 lines] > Last question. So what comes next? I know this is immigration and it > can't be the end. First of all congratulations. :) What comes next depends on if you were married for less than 2 years on the day your hubby got his PR status. If it's less, then in 2 years minus 90 days you have to file for removal of conditions. Otherwise, in 3 years minus 90 days he's allowed to apply for naturalisation but this is up to him. Until one of these events you're done with the USCIS! I think more congratulations are in order! :D Elaine :) > First of all congratulations. :) > [quoted text clipped - 8 lines] > > Elaine :) Happy Turkey Day to you, too, Jewels! Congratulations!! I believe you've been married more than 2 years, so the only next step is if your hubby wants to become a citizen, which he can apply for in 3 years (I think). I'm so very happy for you guys!! You've come a longggg way :) Best Wishes! Rene > > > Hi Jewels, > > > [quoted text clipped - 51 lines] > > I think more congratulations are in order! :D > Elaine :) WAHOOOOOOO!!!!!! Then we are done :) We have been married for 2 years + 7 1/2 months. Well I should say we are done. Now we have to apply for his son but I think that is the easier part. Thanks again everyone... This board has helped me through alot! It is the place to come when things get frustrating with the wait. Through this board you can get an idea of your true time frame. I'll be back and in the mean time, if anyone ever has any questions for me, Just email me. > Hi, > Thanks for all your advise. [quoted text clipped - 7 lines] > Why can't we just bring proof of continuing income and proof of the > relationship? Simple! You should have sent copies only and should bring originals to the interview. Also you have or should have additional proofs gathered from the last ten months to substaniate your claim of an ongoing and valid marriage. Also, note, that everything should have been kept in one file for easy access and believe me when I say you will be using all of them again when you remove conditions. Perhaps I am just very organized but if I had a wish it would be that everyone going through the immigration processing retain a binder of the exact mailing of any and all petitions, from the start to the finish. I found it invaluable to have this and a great timesaver and made for peace of mind. SignatureI'm not an attorney. This disclaimer is valid in NYS! > Simple! You should have sent copies only and should bring originals > to the interview. Also you have or should have additional proofs [quoted text clipped - 7 lines] > found it invaluable to have this and a great timesaver and made for > peace of mind. Rete, Based on posts I have read here, and your posts in particular, I have done just this. I am still very early in the process of filing for the K-1, but I have begun keeping a binder. I have also told my fiance to keep copies (at least one, but two is better) of everything he will file with the embassy when the time comes. After reading experiences it certainly makes sense to me to keep copies of everything. Thanks for sharing with us, it's made my life a little easier. I also realize I'm not the only one to plan for "loss" of information, by making copies. :-) Betsy > Rete, > [quoted text clipped - 9 lines] > > Betsy I had to laugh when I read that. Before I became organized, I was like most everyone here. I would put the papers in big envelopes, draw them in a draw and when the time came for our AOS interview, I dumped everything on the diningroom table and sorted through it all making up my piles of originals, copies, separated K-1 documentation from AOS paperwork and threw out the junk and kept the folders for the AOS to take to the office to make up my copies. Well got to the office and you got it, it was not the right paperwork. Went home that night and looked through everything ... no originals. Went nuts looking. Then thought .. garbage. I must have thrown them away in the box I took down to the garbage area. Ran down, there was the box, and yes, in the box was our paperwork. Phew. Saved. And thus the binder concept was borne in the Wilson household and everything is safely tucked away. Rete SignatureI'm not an attorney. This disclaimer is valid in NYS! |
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