Just received AP!! YAAA!

[LuvMyPortuGAL 1]

Hi,

As the subject says, we just received AP (we are thrilled) and my fiance, for several good reasons, needs to leave the country ASAP (Sunday).

We will be getting married (religiously) in her country in mid May so she needs to be out of the country for at least two months. Is there a problem with that? Is there a time limit? The AP is good for a year.

One mentioned to me that it could be a problem with the interview, and we should be prepared to come back to the US at a moments notice for the interview date that immigration decideds to give us. First, I am not sure we will be required to interview as our records were transferred from Chicago to California, which I understand is an indication or pissibility that no interview will be required. Also, if we were to ask for a reschedule of the interview (if we were to need one) until Mid June, what kinds of problems would that cause?

I am not sure we need to be concerned with the length of time it takes to get our AOS. Should we be???? To us, the AP was the most important thing.

Any advice would be appreciated.

Thanks

Paul

[HeatDeath 430]

My AOS case was transferred to CSC. My AOS was approved quite quickly, and my Green card arrived only 22 days after my AP documents did.

If the CSC decides you need an interview, they will notify you by mail that the case is being transferred back to your local USCIS field office. You will then receive an interview notice in the mail which should provide a couple of weeks warning.

In all likelihood, you will not need an interview. However, one of two things WILL [almost certainly] happen within the next two months, while you are away:

A ) Your Green card will show up in the mail.

OR

B ) You will receive a transfer notice and/or an interview notice in the mail.

Either way, you need someone VERY dependable and trustworthy collecting your mail for you, who can telephone you INSTANTLY if something shows up from USCIS. I would not recommend you have the Post Office hold your mail, as they might return any USCIS mail back to USCIS, and even if they don't, they certainly won't open it up and phone to tell you when you have to be back for a possible interview or biometrics re-do [which sometimes happens].

As long as your mail is being collected by someone you trust, so that the Green card will be kept safe and/or you can respond quickly to an interview notice (either by flying back or by rescheduling), being out of the country for two months (with no intention of permanently residing abroad) is no problem at all. As you said, the AP is good for one year. So that part is fine.

I have no idea how flexible USCIS are about rescheduling interviews, but I can't imagine that the mere request would be held against you. Worst case scenario: they refuse to reschedule, you have to fly back special for the interview, and they may ask you to go into some detail about the circumstances of the ceremony at the interview. No big deal.

And as I said, since you are currently at CSC, it is overwhelmingly likely (in excess of 80%) that you won't have an interview anyways. Then you just need someone dependable to collect your mail to keep the GC safe when it arrives. If it is lost, it's a $390 bill to replace.

Edited March 19, 2010 by HeatDeath

[LuvMyPortuGAL 1]

Thanks a lot. I have a reliable mail checker and I am in town for at least 45 days past our AP receipt. I hope before I leave that I get the GC or at least an interview schedule that I can postpone.

[besaangel 18]

CONGRATS and all the best