Interview Notice

[maria_b84 0]

Hi... we are trying to buy a ticket to go back to Italy on May 31, max the 1rst week of June to do the analyses for my mom's transplant. But my AOS process is getting kind of screwed up and Im afraid they wont let me go out of the Country, which it will be a very bad thing. My NOA1 was dated April 28 and they gave me the Biometrics appointment on May 11. Yesterday (May 18) I got my interview date for July 14 2006. I mean I dont understand, because I see here a lot of people that say that you get the interview appointment after the I485 gets approved. Like in the online status they sya "this case has bee approved" and only after that you get the appointment. My petition is still being pending and today the case was touched again. They haven't probably finished my background checks and they have already scheduled the interview appointment.

Also, on my Appointment Notice it says: You need to go there for initial interview in order to complete your process. So now....it says "initial interview" does it mean that they alreday know that later we'll have to do another one? Why does it says "Initial Interview"? Does anyone have the same thing (or had) on their Interview Notice? And why does it say initial interview and after that it says "to complete your process?". They couldnt explain that on the phone today! The woman just said " Dont leave the Country". I am either way.

Thanks in advance

Maria

[jula 0]

I-485 are approved at the interview.

I say you are safe to travel as long as you'll return for the interview. And most likely that will be the only interview you'll have for adjustment of status.

Good luck

[tracyandoksana 0]

If You have an AOS interview Your I-485 has not been approved Yet. That would happen after the interview. Both My wifes and Daughters appointment letter said," Initial Interview," Don't sweat it. If You have filed for and recieved Advance Parole there should Not be a problem with leaving and coming back in time for Your interview. Some peopl do approved with out an interview. That is not the case with You though. Your case sounds like it is rite on track and not messed up.

Tracy

[tracyandoksana 0]

OOps I see Your here on a K-3. AP should not be necessary.

[maria_b84 0]

Yeah thank God....AP takes a long time to be approved. But I still don't know how long I can stay outside the US with the K3 Visa. We are planning to leave on may 31 (it depends on the price of the ticket of course) if its too expensive, we'll leave in the first week of June. Being on a K3 Visa, could I stay outside the US from May 31 to July 5? Or thats a long time?

Thanks guys

Maria

[maria_b84 0]

Anyone can help?

Thanks!!!

maria

[tracyandoksana 0]

. Travel Outside of the U.S. While in K-3/K-4 Status

Aliens present in the United States in a K-3/K-4 nonimmigrant

classification may travel outside of the United States and return using

their nonimmigrant K-3/K-4 visa, even if they have filed for adjustment

of status in the United States prior to departure. The Service

recognizes that although the K-3/K-4 status is a nonimmigrant

classification, aliens entering with this status have an intent to stay

in the United States permanently. The definition of a K-3/K-4

nonimmigrant alien does not require that such an alien have a foreign

residence that he or she has no intent of abandoning. Such aliens are

married to a U.S. citizen and are coming to the U.S. to live with their

spouse. Accordingly, the Service will not presume that departure

constitutes abandonment of an adjustment application that has been

filed.

This rule is different for a K-3/K-4 nonimmigrant than for fiances

and their children (K-1/K-2). The Service notes that applicants for

adjustment of status who entered as a K-1 or K-2 nonimmigrant, and who

later filed to adjust status, will continue to be required to obtain

advance parole to avoid abandonment of their adjustment application

upon departure, as provided in 8 CFR 245.2(a)(4). This is the case

because K-1/K-2 aliens have only a 90-day period of admission prior to

being required to marry the citizen petitioner and file for an

adjustment application. Unlike those in K-3/K-4 status, K-1/K-2 aliens

will have no status or visa to fall back on following the filing of

their adjustment application.

No specific alloted times in the CFR's for an outside the US stay. I would say You will be fine but call the USCIS help line and ask them to make sure. Just be sure to make Your interview or they will consider You abandoned Your application

[Debby 0]

I am here on a K-3 visa and my husband and I spent Christmas in Australia with my family last year. Our AOS is pending and we don't have an interview date as yet. Your AOS is not approved till after your interview though but with a K-3 visa you can leave the country and re-enter without any problems as long as it is within the 2 years. So there is no reason why you can't go home and just be back for your interview.

Good luck.

Debby.