Embassy Interview while I'm stuck in the US

[FamilyS 2]

Hello any advice or insight are appreciated.

 

My husband (USC) got a job in the US, so we filed for I-130 and I and our children (USC) came together to the States WITH the intent of us (I and the children) returning to my country in December before my Esta expired.

We wanted to establish one of our child's medical care here as she has a rare disease and also here to help my husband get settled and getting ourselves used to the US.

I have my house and car (both still paying mortgage and loan....) are in my country. And I asked children's schools to keep their seats as we are away for a few months and will return.

However, the omicron hit and my country restricted people coming from overseas and  it was hard to go back. My flight was cancelled.

We consulted with a lawyer and she suggested an Adjustment of Status. She said I could stay here legally but my case which moved up to the NVC will be void automatically.

It was a hard decision (financially and emotionally) but we did the adjustment in time, and decided to do the much longer wait here.

Now, I just heard from the Embassy that they got my case from the NVC and ready for interview.

I knew it will be simpler and easier through the Embassy.

But unfortunately, I am in the US and have to cancel the interview.

 I'm wondering because the lawyer said that my case in NVC will be void automatically but clearly my previous case was still active.

 I will write to the embassy to cancel my interview.

 

My questions and concerns are:

1. Will this affects my current and future petition ?

2. Is there anything I should know before contacting them ?

 

I just want to do the right thing.

 

 

 

[pushbrk 12,898]

What have you actually done about adjusting status from within the USA?

[Redro 4,611]

4 hours ago, FamilyS said:

Hello any advice or insight are appreciated.

 

My husband (USC) got a job in the US, so we filed for I-130 and I and our children (USC) came together to the States WITH the intent of us (I and the children) returning to my country in December before my Esta expired.

We wanted to establish one of our child's medical care here as she has a rare disease and also here to help my husband get settled and getting ourselves used to the US.

I have my house and car (both still paying mortgage and loan....) are in my country. And I asked children's schools to keep their seats as we are away for a few months and will return.

However, the omicron hit and my country restricted people coming from overseas and  it was hard to go back. My flight was cancelled.

We consulted with a lawyer and she suggested an Adjustment of Status. She said I could stay here legally but my case which moved up to the NVC will be void automatically.

It was a hard decision (financially and emotionally) but we did the adjustment in time, and decided to do the much longer wait here.

Now, I just heard from the Embassy that they got my case from the NVC and ready for interview.

I knew it will be simpler and easier through the Embassy.

But unfortunately, I am in the US and have to cancel the interview.

 I'm wondering because the lawyer said that my case in NVC will be void automatically but clearly my previous case was still active.

 I will write to the embassy to cancel my interview.

 

My questions and concerns are:

1. Will this affects my current and future petition ?

2. Is there anything I should know before contacting them ?

 

I just want to do the right thing.

 

 

 

Before you traveled to the US did you submit all your documents to NVC and  were you DQed?

Also

Did you file an I-485 and request to move your file from NVC to USCIS? 

 

Edited March 6, 2022 by Kor2USA

[FamilyS 2]

4 hours ago, pushbrk said:

What have you actually done about adjusting status from within the USA?

We have filed G28, I485, I765, I131 as well as the copy of approved I130 through a lawyer.

[Redro 4,611]

4 minutes ago, FamilyS said:

We have filed G28, I485, I765, I131 as well as the copy of approved I130 through a lawyer.

Did you file an I824? 

 

[FamilyS 2]

2 minutes ago, Kor2USA said:

Before you traveled to the US did you submit all your documents to NVC and  were you DQed?

Also

Did you file an I-485 and request to move your file from NVC to USCIS? 

 

We submitted all documents to NVC while in the US. And that time, it was around October and I was hoping to get an interview at the embassy around spring back home... 

[Redro 4,611]

5 minutes ago, FamilyS said:

We submitted all documents to NVC while in the US. And that time, it was around October and I was hoping to get an interview at the embassy around spring back home... 

Is it impossible to return to Japan or is it a case of missing the interview date  due to quarantine requirements? 

Who needs to attend the interview? Just you or some of your children? 

 

Edited March 6, 2022 by Kor2USA

[FamilyS 2]

8 minutes ago, Kor2USA said:

Did you file an I824? 

 

I864 is submitted but no, not I824.

 

I, a mom, need to attend the interview. But im confused as I was told this previous petition will revert/void when submitting the AOS.

I have 3 small children so I need to bring them with me to go back as my husband is working here.

I know I have at least a year of waiting time here for the interview.

As Im waiting for the approval of travel (I131) am I authorized to travel??

[Redro 4,611]

1 minute ago, FamilyS said:

I864 is submitted but no, not I824.

 

I, a mom, need to attend the interview. But im confused as I was told this previous petition will revert/void when submitting the AOS.

I have 3 small children so I need to bring them with me to go back as my husband is working here.

I know I have at least a year of waiting time here for the interview.

As Im waiting for the approval of travel (I131) am I authorized to travel??

Has your initial i-94 expired? When did you arrive to the US?  

You are confusing immigration. 

You've applied for AOS but also submitted documents to NVC for consular processing.

Generally people file a form (I believe its the I824) to move the case. 

Check out this form. 

Page 2 Part 2 1.c 

You needed to fill out this form when you filed adjustment of status. 

This would have stopped Japan from scheduling an appointment for you. 

https://www.uscis.gov/sites/default/files/document/forms/i-824.pdf

 

[FamilyS 2]

9 minutes ago, Kor2USA said:

Has your initial i-94 expired? When did you arrive to the US?  

You are confusing immigration. 

You've applied for AOS but also submitted documents to NVC for consular processing.

Generally people file a form (I believe its the I824) to move the case. 

Check out this form. 

Page 2 Part 2 1.c 

You needed to fill out this form when you filed adjustment of status. 

This would have stopped Japan from scheduling an appointment for you. 

https://www.uscis.gov/sites/default/files/document/forms/i-824.pdf

 

Thank you!  I will check these. Arrived in early October and then heard from the NVC so filed the process of course as that time I intended to go back. 

Not sure why the lawyer  did not do the I824. Thank you again.

[Redro 4,611]

3 minutes ago, FamilyS said:

Thank you!  I will check these. Arrived in early October and then heard from the NVC so filed the process of course as that time I intended to go back. 

Not sure why the lawyer  did not do the I824. Thank you again.

Good luck! 

Hopefully other members can confirm what I've said. 

But just to confirm you want to adjust status and not go through consular processing, correct? 

[FamilyS 2]

1 minute ago, Kor2USA said:

Good luck! 

Hopefully other members can confirm what I've said. 

But just to confirm you want to adjust status and not go through consular processing, correct? 

Yes. Correct.

[Boiler 45,525]

Takes time, or can take time for things to catch up and you are some way off your interview in the US.

[pushbrk 12,898]

8 hours ago, FamilyS said:

We have filed G28, I485, I765, I131 as well as the copy of approved I130 through a lawyer.

If you have filed a G28, then you have a lawyer.  Why aren't you asking these questions to your lawyer, who already knows everything about your case?

[Boiler 45,525]

1 minute ago, pushbrk said:

If you have filed a G28, then you have a lawyer.  Why aren't you asking these questions to your lawyer, who already knows everything about your case?

This is free?