Question: Reschedule Green Card Interview

[mir5555 0]

I am a US Citizen & My wife came to the US on a Fiance Visa (K1) in June 2018 from Pakistan. We got married in July & sent the adjustment of status application (i485) to USCIS. After the Biometrics she received her Employment Authorization (with approved Advance parole) & was scheduled for an interview on April 22nd, 2019, which is just a few days from now.

 

Unfortunately Her father has been hospitalized with a life threatening prognosis and she wants to visit him immediately & this stay might be a prolonged one. I will also be staying with her in Pakistan while she is there as I can work from home.

 

I will be greatly thankful to anyone who can guide us by answering the following questions:

 

1. Can we reschedule the Interview simply by calling the number listed on the interview letter? (800) 375-5283

2. Can we request the USCIS to Interview us in my wife's home country?

3. If no to question 2 then, Is there a way to withdraw our Adjustment of Status Application & apply for a Green Card for my wife in her home country while we reside there?

 

Thank you,
Al 

Edited April 13, 2019 by mir5555

[Crazy Cat 42,062]

1.  Yes....you can request, but writing is better.

2.  No

3.  Does she have approved advance parole?

Edited April 13, 2019 by missileman

[geowrian 22,338]

1. Follow the instructions on the notice to reschedule.
2. No. AOS interviews are only conducted within the US. AOS is a US-based processed.
3. Yes. She can request to withdraw the I-485. Then you would file an I-130 to start the CR-1/iR-1 visa process. ETA: ~12-16 months on average from I-130 filing to interview. Guide: https://www.visajourney.com/content/i130guide1

[mir5555 0]

1 minute ago, missileman said:

1.  Yes....you can request, but writing is better.

2.  No

3.  Does she have approved advance parole?

Thanks for the quick reply. Yes, she does have an approved advance parols document.

[geowrian 22,338]

Just now, mir5555 said:

Thanks for the quick reply. Yes, she does have an approved advance parols document.

How long is the expected travel abroad? A few months? Years?

[Crazy Cat 42,062]

1 minute ago, mir5555 said:

Thanks for the quick reply. Yes, she does have an approved advance parols document.

She could possibly leave for a time, then return using AP........but if it is going to be an extended stay outside the US, the suggestion by @geowrian is the better solution.

Edited April 13, 2019 by missileman

[mir5555 0]

1 minute ago, geowrian said:

How long is the expected travel abroad? A few months? Years?

Our travel abroad can last up to 8-12 months as her father has a life threatening condition and doesn't have much family support. We dont mind staying out there to care for her father AND waiting 12-18 months for the Green Card process (if needed). My attorney in the US advised us yesterday that if we withdraw the i485 application, my wife will be barred to enter the US for 10 years! is this true?

[geowrian 22,338]

2 minutes ago, missileman said:

She could possibly leave for a time, then return using AP........but if it is going to be an extended stay outside the US, the suggestion by @geowrian is the better solution.

Lots of unknowns at this point...hard to say if doing AOS in the US is still an option. Then possibly by waiting out the green card & doing a re-entry permit. That buys them an easy 2 years to take care of the family member abroad, but does require probably a month or so in the US to do the interview, get the card, file the I-131, and do biometrics. Only then they could leave.

If the timeframe is only like 6 months, she could return for AOS then go back abroad then return via a green card.

If the circumstances require staying abroad for a very long time, or unable to return for AOS/re-entry permit, then starting over with the CR-1 visa abroad is probably best.

[geowrian 22,338]

7 minutes ago, mir5555 said:

Our travel abroad can last up to 8-12 months as her father has a life threatening condition and doesn't have much family support. We dont mind staying out there to care for her father AND waiting 12-18 months for the Green Card process (if needed). My attorney in the US advised us yesterday that if we withdraw the i485 application, my wife will be barred to enter the US for 10 years! is this true?

No bar for overstay exists here. It sounds like AOS was filed while still in the original 90 days so there's no overstay. Even then, no bar exists for those who depart the US with valid AP. See Matter of Arrabally.

Edit: Actually, Matter of Arabally might not quite be the right case here as that's about what is considered a departure. If the I-485 itself is withdrawn/denied, then a departure does seem to occur. But the point remains that no overstay bar should exist.

Edited April 13, 2019 by geowrian

[Crazy Cat 42,062]

4 minutes ago, mir5555 said:

Our travel abroad can last up to 8-12 months as her father has a life threatening condition and doesn't have much family support. We dont mind staying out there to care for her father AND waiting 12-18 months for the Green Card process (if needed). My attorney in the US advised us yesterday that if we withdraw the i485 application, my wife will be barred to enter the US for 10 years! is this true?

Barred for what reason?  She did not overstay her I-94......She was authorized to stay after AOS was filed.......Ask the attorney why there would be a bar.....

[millefleur 5,047]

**Moved from General Immigration-Related Discussion to Adjustment of Status (Green Card) from K1 and K3 Family Based Visas**

[Mike E 11,742]

23 hours ago, mir5555 said:

Our travel abroad can last up to 8-12 months as her father has a life threatening condition and doesn't have much family support. We dont mind staying out there to care for her father AND waiting 12-18 months for the Green Card process (if needed). My attorney in the US advised us yesterday that if we withdraw the i485 application, my wife will be barred to enter the US for 10 years! is this true?

I cannot understand why there would be a ten year ban. But if the travel abroad is going to be for 8-12 months consider that if she already had her green card, surely she would come back within 180 days to maintain her LPR status even if for just a day. 

 

April 22 is 8 days from today,   Her father appears to have at least 8 months left and since the trip itself takes two days, I think you two need to take a deep breath and ask if she really needs to be there by April 16 (if she leaves today) or if April 24 would be acceptable.  

 

Or, leave today, be there for a few days, comeback on April 20 for the interview and go back.