I-485 Interview ?

[tuesdaysgone 0]

Hey all, I've not been on here for a while as there has not been an update regarding my case until now.

Back ground: June 09 filed I-130, I-485, I-765. The I-765 was approved. We attended the I-130 interview and wasnt given a decision due to confusion regarding my wifes prevous divorce.

Were were told it was pending from Sept 09-Feb 02. In Feb 02 we made an infopass appointment and after trying to get information from the uscis clerk, we were told we would have to come back for a second interview. A month later we receive notice of intent to deny the I-130 regarding the waiting times of my wifes previous divorce papers. I appealed this and supplied new evidence to support my case. This is being handled by the board of immigration appeals and is ongoing.

My I-765 is due for renewal.

Today the senator's office called and advised that my renewed EAD card has been ordered and that we are going to receive an interview notice for the I-485, they also advised the I-130 is still pending.

I'm totally confused,

1. Why would we be interviewed for the I-485 when the I-130 is going through an appeals case?

2. What is the purpose of the I-485 interview? What can we expect to be asked?

3. What happens if the I-485 is approved and the I-130 is denied? Is it possible for the I-485 to remain on file, I go back to my home country and file a CR-1 visa using the original I-485?

Edited August 17, 2010 by tuesdaysgone

[JimVaPhuong 4,863]

In order for an I-485 to be approved you must be eligible for an immigrant visa, and there must be an immigrant visa immediately available. An approved or approvable I-130 confirms your eligibility. USCIS has already come to the conclusion that your I-130 is not approvable, so they can't approve your I-485, at least not until your I-130 has been approved.

1. Your I-130 and I-485 cases can proceed independent of each other, with the caveat that your I-485 is dependent on your I-130 being approved or approvable. USCIS has apparently decided to move forward with your I-485 case, in spite of the fact that they can't approve it. Perhaps they'll put the I-485 on hold after the interview, pending the outcome of your I-130 appeal. Perhaps they'll deny it outright, terminate your period of authorized stay, and begin removal proceedings. I guess you'll find out after the interview.

2. The purpose of the I-485 interview is to determine if you meet the requirements for adjustment of status, and if you have a bona fide marital relationship. If the interview is easy, you'll be asked one or two dozen fairly simple questions. If it's difficult, you could each be grilled for an hour or more. The tough tactics are usually reserved for cases where they suspect the marriage is a sham to get a green card.

3. As I mentioned above, the I-485 cannot be approved without an approved or approvable I-130. They could put the I-485 on hold pending your I-130 appeal. The I-485 cannot be used to apply for a CR1. The I-485 is an AOS petition - for people to adjust to immigrant status while living in the United States. The I-130 is the immigrant visa petition. You need an approved I-130 in order to be eligible to apply for a CR1 visa.

[seanyb719 1]

I can speak for the purpose of the I485 interview since I had mine yesterday. It's basically the interview you have when adjusting your status. You attend with your spouse and the officer asks very simple questions like how you met etc and determines if they feel the marriage is non fraudulent. I was in and out within 10 minutes. Providing you have a proper marriage you have nothing to worry about regarding this. Good luck

[tuesdaysgone 0]

Many thanks to you both.

[juliava 80]

Hi there!!!

There is no grounds for an I-485 interview approval if the I-130 is pending or denied. They shouldn't schedule an interview from the very beginning in such case, that's why it's getting kind of confusing. Wait until you actually get the interview letter. I guess you will have to prepare yourself the same way you did at your previous interview.

Keep us posted and good luck!!!