Called by ICE just after I filed my I130 and I485 forms.

[SAT 9,609]

Good luck, and keep in touch.

[Enigma11561 336]

Just trying to be a bit logical here. You overstayed your F1 by 4 months. Not a terrible thing. But you married a USC and filed the proper paperwork. I cannot see how you were entered into the system on the 16th and then got a call on the 17th. The government just does not work that fast. ICE may not have been aware of those filings. So having a lawyer would be a smart move, but my spidey sense tells me that once you present all the other docs things will be better. Let's face it. If they really wanted you, they would have knocked on your front door, not ask you for an appointment when "you are available".

[blankmedia 41]

There obviously was some red flag that got it forwarded to ICE. I'm sure if everything is legit with your application/marriage, they will just clear up some facts and it will be fine. If there is some shady stuff that happened with regards to your marriage/aos application though, I think you probably should be worried.

[Boggy1974 124]

I think your best course of action is to call tomorrow morning, postpone your appointment, then find an attorney, and be guided from there...To me, this appointment is not about you adjusting status.

:thumbs:

[together4evr 360]

Have you been arrested, committed any crimes

[coolmind1414 13]

Wish you Good luck... Hope you get it through it without any issue..

[uzzmet 0]

That's what I was thinking at first. I haven't done anything wrong or illegal other than being overstayed. I haven't been any crime in my life even a bar fight or anything.

Unfortunately I couldn't reach this special agent to reschedule my appt. And haven't heard back from this lawyer. I'm confused because if it was so serious they would pick me up from our home as Enigma mentioned and probably not only me but also my wife if it was about our marriage. So I think it's about my previous visa status. Since I filed everything and it's accepted by USCIS I should be fine.

One more thing, we didn't send original certified copies of documents. I have a replica's of our I130 and I485 forms with all original documents. I do have my reciept numbers from USCIS.

[hmh33 117]

Call another immigration lawyer. You probably can't reach the agent because it's a federal holiday today. I don't think it's a good idea to go to that meeting without an attorney.

[Darnell 8,478]

ya, sorry, today is a federal holiday. whilst you can't reach the ICE officer directly, can you leave a voice mail?

If so, I suggest you call back, leave a voicemail suggesting a date in February.

IMO, you'll need the extra time to secure an immigration attorney.

[LilyR 7]

The ICE agents who came to talk to my husband were very kind and polite and "helpful" and told us we had nothing to worry about. My husband was then detained and deported for his overstay. Not saying that would happen to you, but thought i'd share our situation (Of course, they came to our house so it is quite different.)

[sarahk316 2]

I think it's more serious than I thought. I called a lawyer that I know but couldn't reach him. I'll try to postpone this appointment. Thank you all guys for your quick replies. I'll keep posting about my case.

Did you tell hm you filed i485 and everything? I was in a similar situation, but ice came to my house after I went out of status before we had filed i485 :/ when they came they asked if we had filed the i485..l I think if I had they wouldn't have taken me in, because being out of status is forgiven if you're adjusting. A the time we hadn't filed yet though, so I went through deportation proceedings which was dropped in the end after a long and painful time. I don't think they would cancel your pending i485.

Edited January 21, 2013 by sarahk316

[sarahk316 2]

Also if people keep saying there must be more to the story, don't worry. It happened to me too, but sometimes after you are out of status and it's reported (by school for example) and they can easily find you, then they do just that. Some people never get contacted, and then others get picked up. Even those of us who didn't do anything else wrong other than fall out of status.

[Hypnos 6,576]

They are very hot on F-1s who stop attending school post-9/11, so I'm not surprised that this happened.

Since you have already filed your I-485 and assuming you can prove a good faith marriage then I doubt you will have a problem, unless there is something else going on.

I certainly would not attend an interview without speaking to at least two lawyers, though, and perhaps having one go with you, even if that costs a few hundred dollars.

[Xanax 349]

I agree with everyone else, I would try to postpone the interview and retain a lawyer ASAP. Good luck!

[uzzmet 0]

I just talk to a lawyer and he said there might be something else beside being overstayed or filing AOS. I'll go to his office tomorrow morning and he will reschedule this appointment to next week. During this time we will find out the real issue. I'll keep you guys informed. Thank you for being so helpful with your opinions on this situation.