Interview within US?

[Bochog 10]

We are currently waiting for an interview schedule (DQ: Aug 2020). My wife has a valid tourist visa and can visit anytime. She’s scheduled to be here Christmas this year. Is it possible to request that the interview be held here instead of the embassy? If so, how do I do that?

[HRQX 4,145]

12 minutes ago, Bochog said:

My wife has a valid tourist visa and can visit anytime. She’s scheduled to be here Christmas this year.

Preconceived intent to AOS is illegal.

 

At POE, must be honest with the CBP officer and the officer will deny her entry as inadmissible for being an intending immigrant without a visa that permits immigrant intent; see INA 212(a)(7)(A)(i)(I).

[Lucky2Lucky 2,526]

No. 

[Boiler 45,516]

Nope

[Bochog 10]

42 minutes ago, HRQX said:

Preconceived intent to AOS is illegal.

 

At POE, must be honest with the CBP officer and the officer will deny her entry as inadmissible for being an intending immigrant without a visa that permits immigrant intent; see INA 212(a)(7)(A)(i)(I).

I see.

 

She has actually been here thrice ever since I filed for her petition.  And with the delay that’s going on right now, I just thought of exploring the AOS route. 
 

Thanks for the reply.

[SusieQQQ 11,586]

2 minutes ago, Bochog said:

I see.

 

She has actually been here thrice ever since I filed for her petition.  And with the delay that’s going on right now, I just thought of exploring the AOS route. 
 

Thanks for the reply.

To be clear, she can visit with her visit visa. She cannot use it to AOS..

[Bochog 10]

1 minute ago, SusieQQQ said:

To be clear, she can visit with her visit visa. She cannot use it to AOS..

Yeah.

 

She always discloses that she’s currently waiting for an interview and CBP will just ask her for her return ticket.

 

I guess we’re just tired of waiting.

[SalishSea 17,829]

3 hours ago, Bochog said:

I see.

 

She has actually been here thrice ever since I filed for her petition.  And with the delay that’s going on right now, I just thought of exploring the AOS route. 
 

Thanks for the reply.

Not an option.  That is immigration fraud.

[Bochog 10]

1 hour ago, Jorgedig said:

Not an option.  That is immigration fraud.

Understood. Thanks for answering the question.

[Crazy Cat 41,857]

11 hours ago, Bochog said:

Yeah.

 

She always discloses that she’s currently waiting for an interview and CBP will just ask her for her return ticket.

 

I guess we’re just tired of waiting.

I understand......but, besides the issue of fraud, adjusting status is a long process in itself.  People who adjust status can not work or leave the US for as long as 10 months after applying.  Getting a Social Security number is sometimes a lengthy process, and adjusting status is expensive. Many people don't actually receive a green card for more than a year after applying.  At this stage, I honestly don't think adjusting status is a good idea, anyway.  Stay the course......Good luck.  Hopefully, your spouse will enter the US as a legal immigrant soon.  

[JFH 12,190]

That’s good that she has established a reliable pattern of leaving on time as a visitor. That puts her in good stead for future visits. 
 

If there is still no news of her interview date by Christmas then she absolutely can visit you then (subject to all other conditions of entry being met, such as COVID testing, etc) but it must be just that - a visit with plans to return to her county of residence at the end. 
 

Who knows? Maybe her interview will be scheduled before then anyway. Stay positive! 

[Bochog 10]

4 hours ago, Lucky Cat said:

I understand......but, besides the issue of fraud, adjusting status is a long process in itself.  People who adjust status can not work or leave the US for as long as 10 months after applying.  Getting a Social Security number is sometimes a lengthy process, and adjusting status is expensive. Many people don't actually receive a green card for more than a year after applying.  At this stage, I honestly don't think adjusting status is a good idea, anyway.  Stay the course......Good luck.  Hopefully, your spouse will enter the US as a legal immigrant soon.  

I see.

 

Thank you for letting me know. Fingers crossed that it’ll be scheduled soon.

[Bochog 10]

3 hours ago, JFH said:

That’s good that she has established a reliable pattern of leaving on time as a visitor. That puts her in good stead for future visits. 
 

If there is still no news of her interview date by Christmas then she absolutely can visit you then (subject to all other conditions of entry being met, such as COVID testing, etc) but it must be just that - a visit with plans to return to her county of residence at the end. 
 

Who knows? Maybe her interview will be scheduled before then anyway. Stay positive! 

Yeah. We try to do everything legally.

 

A lot of people actually suggested that she just overstay here (even during her first visit), but we refused to do that to make sure that we go through everything legally and to not encounter any problems in the future.

 

Thank you for the kind words! Take care!

[SusieQQQ 11,586]

20 minutes ago, Bochog said:

Yeah. We try to do everything legally.

 

A lot of people actually suggested that she just overstay here (even during her first visit), but we refused to do that to make sure that we go through everything legally and to not encounter any problems in the future.

 

Thank you for the kind words! Take care!

Luckycat’s warning about it actually ending up taking longer from this stage to get a green card if you do AOS is very valid too.

 

Also remember that as you are a LPR there are things that will bar your wife from AOS, whereas the spouse of a USC would not have problems doing that (overstay is one of these things) so also be very careful about the exact experience of people you get advice from. (We have seen before people here frantic as AOS was denied “but X person did the same thing”, problem was “X person” was spouse of USC so did not have the same restrictions.)

[edsperfect 25]

which embassy is it