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junglejao

Can't make interview- what to do?

By junglejao in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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LeeFisher3 Rookie

LeeFisher3   0

Posted
Filed: K-1 Visa Country: China
 Timeline
Posted
USCIS will consider your I-485 petition "abandoned" when you don't attend the appointment. USCIS will send a notice of denial of I-485 to your address.

Unfortunately, I-485 denials can't be appealed. if a denial, a qualified immigration atty must be hired to file a MTR (motion to re-open) the 485.

Not quite true, they can be appealed and an attorney is not required or needed if you are able to present a reasonable case. Appeal The Denial Of My Petition Or Application?

It takes time, but there is an appeal process.

-- K1 Timeline --

12-06-2004.... I-129F to NSC

09-29-2005.....Interview

11-19-2005.....Filed for AOS to Chicago

06-22-2006.....Green Card Arrived

02-16-2008.....Mailed I-751 to remove conditions to NSC

02-18-2008.....I-751 delivered by USPS

02-19-2008.....I-751 receipt date

02-22-2008.....Check cleared bank

02-25-2008.....I-797 mailed from CSC

02-27-2008.....I-797 received from CSC

03-18-2008.....Biometrics

07-17-2008.....10 year Green Card received

--------------------

-- K2 Timeline -- Follow-to-Join

02-18-2006.....Mailed request for GZ to begin processing K-2 for son (included complete P3 info)

05-23-2006.....Original Interview Date - Rescheduled by request

06-29-2006.....Interview Date - Approved

08-25-2006.....AOS application sent

01-27-2007.....Green Card Arrived

05-10-2007.....Adoption complete

07-01-2008.....US Citizen (Child Citizenship Act)

08-19-2008.....US Passport Issue Date

DanielParul Proficient

DanielParul   50

Posted
Filed: Timeline
Posted
USCIS will consider your I-485 petition "abandoned" when you don't attend the appointment. USCIS will send a notice of denial of I-485 to your address.

Unfortunately, I-485 denials can't be appealed. if a denial, a qualified immigration atty must be hired to file a MTR (motion to re-open) the 485.

Not quite true, they can be appealed and an attorney is not required or needed if you are able to present a reasonable case. Appeal The Denial Of My Petition Or Application?

It takes time, but there is an appeal process.

Yes there is. If the OP wants to go that way. We are just trying to tell them if the situation can be avoided, its a lot easier to change travel plans than to appeal later.

Steph0814 Community Regular

Steph0814   1

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Hi There! Here are my 2 cents, have him change his travel plans! I was supposed to be at my family reunion on the date I have my interview date and made an Infopass to see about changing it and was not able too. So I changed my plans!

Like DanielParul said: its easier to change your travel plans than risk getting rejected for not being at the interview.

AOS

APRIL 24 2008 - Filed AOS Packet APRIL 28 2008 - Package received and signed for by CHYBA

MAY 6 2008 ( Day 1) - Notice USCIS received MAY 10 2008 (Day 4) -Rec'd all 4 NOA's & Status of all 4 online

MAY 12 2008 (Day 6) - Received Biometrics letter MAY 14 2008 (Day 8) - Biometrics done early.

OCTOBER 22 2008 (DAY 170)- I-765:Card Production Ordered/I-131: Approval notice sent

OCTOBER 27 2008 (Day 175)- AP Received

OCTOBER 30 2008 (Day 178)- EAD Approval Notice Sent OCTOBER 31 2008 (Day 179)- EAD Received

NOVEMBER 4 2008- Applied for SSN / NOVEMBER 24 2008- SSN Received

JANUARY 15 2009- INTERVIEW-APPROVED!!

JANUARY 31 2009- GC RECEIVED_No more USCIS for 10 Months[/color]

ROC

October 27- I-751 Sent

October 30- I-751 Received

April 10-10 YR GC Received

Kathryn41 Grand Master

Kathryn41   3,205

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Good decision:-). USCIS does not consider travel plans to be a valid reason to reschedule an interview.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

xxYou Apprentice

xxYou   0

Posted
Filed: AOS (apr) Country: Ecuador
 Timeline
Posted
We changed the ticket. Thanks all for the advice.

This is what my wife and I ended up doing. We had tickets to visit her family, the interview notice came and it was right in the middle of our trip. We did what you decided to do and postpone our trip, then 2 months later my wife has her greencard, even before she got back from her trip.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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