Reschedule AOS Inteview or Miss it

[hübsches Mädchen 0]

My friend will have her interview on the 20th June, which is next week. But until now they have not prepared the documents needed for the interview since they are not getting along with her husband now. She does not want to go to the interview if they are not in good terms because she does not want to lie and she is not good in lying. Also, he already bought plane tickets for her to go home on the 24th. the questions are:

1. if she is going to reschedule the interview, will she need to say that they are not getting along with her husband now?

2. if she is going to miss the interview, what will happen to her? will she be deported?

3. if she missed the interview and went home on the 24th, will she be able to come back here on any visa if she plans on going back? can her husband request her for a CR1 or K3 if they worked out?

she wants her marriage to work, but seems like it is not. so she thinks going to the interview is a good thing. she wants to stay here but she admits there's no way to stay here. rather than to be illegal here, she rather wants to go home.

their timeline: jan.28, 2010 - poe

jan.29, 2010 - wedding

feb. 2011 - aos sent

may 2011 - bioemtrics

btw, she came on K1. thanks everyone!

[Casprd 167]

My friend will have her interview on the 20th June, which is next week. But until now they have not prepared the documents needed for the interview since they are not getting along with her husband now. She does not want to go to the interview if they are not in good terms because she does not want to lie and she is not good in lying. Also, he already bought plane tickets for her to go home on the 24th. the questions are:

1. if she is going to reschedule the interview, will she need to say that they are not getting along with her husband now?

2. if she is going to miss the interview, what will happen to her? will she be deported?

3. if she missed the interview and went home on the 24th, will she be able to come back here on any visa if she plans on going back? can her husband request her for a CR1 or K3 if they worked out?

she wants her marriage to work, but seems like it is not. so she thinks going to the interview is a good thing. she wants to stay here but she admits there's no way to stay here. rather than to be illegal here, she rather wants to go home.

their timeline: jan.28, 2010 - poe

jan.29, 2010 - wedding

feb. 2011 - aos sent

may 2011 - bioemtrics

btw, she came on K1. thanks everyone!

Missing the interview isn't an option. She either needs to reschedule or go to the interview as scheduled. Can she get her husband to go to marriage counseling? It is understandable to have problems the first year of marriage especially with the whole visa process and moving to a new country. I don't know whether it would help or hurt to go to the interview and show that you are in marriage counseling. To me it would seem that shows both parties are committed to the relationship and entered in good faith which to my understanding is what they are trying to establish at the interview.

[YuAndDan 153]

1) Rescheduling can be hazordus, in some cases the interviewing officer is not aware of the change and marks then as a NO-SHOW resulting in deportation proceedings.

2) Not showing WILL result in deportation proceedings.

3) Yes can always do a CR-1 visa process at some time later, keep in mind all the $$ spend for the AOS will be lost, and will be starting over with a new I-130 and FEES. Note K-3 was an option for waitin for I-130 approval, however since USCIS has been approving the I-130 prior to sending K-3 petition to NVC, the NVC closes the K-3 and moves on with the CR-1 case. Essentially K-3 is no longer an option.

[hübsches Mädchen 0]

thanks for the answers... her husband is not willing to undergo counseling. also, she plans on going home on the 24th so she can have her school papers squared away.

will she have overstayed here if she missed her interview? what happens if she was deported? will she be able to come back in any visa other than the spouse visa?

[YuAndDan 153]

thanks for the answers... her husband is not willing to undergo counseling. also, she plans on going home on the 24th so she can have her school papers squared away.

will she have overstayed here if she missed her interview? what happens if she was deported? will she be able to come back in any visa other than the spouse visa?

If overstay, typically overstay time starts at the point of AOS decision, if more than 6 months then a bar on reentry happens.

If deported, it can cause problems on future visa applications

[JimVaPhuong 4,863]

thanks for the answers... her husband is not willing to undergo counseling. also, she plans on going home on the 24th so she can have her school papers squared away.

will she have overstayed here if she missed her interview? what happens if she was deported? will she be able to come back in any visa other than the spouse visa?

If she's not going to the interview then she should send a letter to USCIS and withdraw the I-485. She should explain in the letter that the marriage is not working, and she intends to leave the US on the 24th. Yes, she will have overstayed. As long as the total overstay was less than 180 days then it won't result in an automatic ban from the US. Deportation, on the other hand, will result in a ban.

[hübsches Mädchen 0]

If overstay, typically overstay time starts at the point of AOS decision, if more than 6 months then a bar on reentry happens.

If deported, it can cause problems on future visa applications

Does this mean that if she misses her interview on the 20th, and leaves US on the 24th, she has not overstayed?

[hübsches Mädchen 0]

If she's not going to the interview then she should send a letter to USCIS and withdraw the I-485. She should explain in the letter that the marriage is not working, and she intends to leave the US on the 24th. Yes, she will have overstayed. As long as the total overstay was less than 180 days then it won't result in an automatic ban from the US. Deportation, on the other hand, will result in a ban.

So if she misses her aos interview, she is automatically overstaying the day of interview?

what happens if you miss aos interview? i mean the process... uscis sends a letter that you are a "no show" and starts your deportation?

[Delaw 0]

If she misses the interview without informing the USCIS and leaves the country...the has abandoned her change of status...and that come with a great consequence...What is the problem...Can't the husband go to the Interview with her?

[hübsches Mädchen 0]

If she misses the interview without informing the USCIS and leaves the country...the has abandoned her change of status...and that come with a great consequence...What is the problem...Can't the husband go to the Interview with her?

no, he doesn't wanna go. plus, she doesn't want to lie about their situation now. what consequences are those?

[JimVaPhuong 4,863]

So if she misses her aos interview, she is automatically overstaying the day of interview?

what happens if you miss aos interview? i mean the process... uscis sends a letter that you are a "no show" and starts your deportation?

USCIS would send a letter notifying the applicant that their AOS has been denied, and that they have 30 days (usually) to file a motion to reopen the case. If they submitted the I-485 before the I-94 had expired then overstay would begin on the day USCIS denied the AOS. If they submitted the I-485 after the I-94 expired then they already have some overstay time - the number of days between the expiration of the I-94 and the day the I-485 was accepted by USCIS - and overstay would resume accumulating on the day the AOS was denied. In either case, it's a virtual certainty that a K1 who files for AOS will be out of status and accumulating overstay beginning the day the AOS is denied.

Again, the overstay doesn't come with an automatic ban from the US unless they've accumulated more than 180 days of overstay.

She's going to be complicating things if she just leaves without notifying USCIS. It could be a long time before they become aware that she's left, or they may never become aware of it. They might send the denial letter, and then 30 days letter start removal proceedings, and maybe even eventually deport her in absentia. This would be a huge mess to try to explain later if she decides to apply for a tourist visa. It would be much better if she withdraws the I-485 and explains that she will be leaving on the 24th. This may result in a few more days of overstay, but it should avoid the whole deportation mess.

[Delaw 0]

I always want to help in this kind of situation. I am worried because a lot of us don't understand marriage...and I do not want any of them to have an impression that one is being favored by one...It is hard to believe that after spending money getting ur wife over to the US, then u decide to take her back to her country...Something is wrong! Is either ur wife refused to hear simple instructions given to her by u or the man in question is a monster and a looser!

The consequence is that even when they have her back to the US again with another visa, she will never get passed change of status...unless....

[YuAndDan 153]

Does this mean that if she misses her interview on the 20th, and leaves US on the 24th, she has not overstayed?

Correct, unless there was an overstay prior to filing the I-485, then that period counts.

[hübsches Mädchen 0]

USCIS would send a letter notifying the applicant that their AOS has been denied, and that they have 30 days (usually) to file a motion to reopen the case. If they submitted the I-485 before the I-94 had expired then overstay would begin on the day USCIS denied the AOS. If they submitted the I-485 after the I-94 expired then they already have some overstay time - the number of days between the expiration of the I-94 and the day the I-485 was accepted by USCIS - and overstay would resume accumulating on the day the AOS was denied. In either case, it's a virtual certainty that a K1 who files for AOS will be out of status and accumulating overstay beginning the day the AOS is denied.

Again, the overstay doesn't come with an automatic ban from the US unless they've accumulated more than 180 days of overstay.

She's going to be complicating things if she just leaves without notifying USCIS. It could be a long time before they become aware that she's left, or they may never become aware of it. They might send the denial letter, and then 30 days letter start removal proceedings, and maybe even eventually deport her in absentia. This would be a huge mess to try to explain later if she decides to apply for a tourist visa. It would be much better if she withdraws the I-485 and explains that she will be leaving on the 24th. This may result in a few more days of overstay, but it should avoid the whole deportation mess.

thank you very much... well, she will have overstayed then by 10months then because the I-94 expired April 2010 as she said and they sent AOS February 2011. does it mean she can't enter US by 10 years? seems like her only option now is for them to go to the aos interview.

[YuAndDan 153]

thank you very much... well, she will have overstayed then by 10months then because the I-94 expired April 2010 as she said and they sent AOS February 2011. does it mean she can't enter US by 10 years? seems like her only option now is for them to go to the aos interview.

Yep, the period of overstay prior to filing the AOS counts, and should cause a bar on future visas and entries to the USA.

Best thing to do is to go through with the AOS to get the overstay forgiven.