Immigration is delaying interview I130

[Dumbolina 0]

A friend of mine married a US citizen around December 2022 and applied for I 130 around April 2023. He has received his work permit and advanced parole. They had an interview scheduled for December 2023 a week before christmas unfortunately INS postponed the interview. 11 months has passed and they have not rescheduled the interview. When asked Immigration is saying the interview is going to scheduled soon.

 

He is considering separating or getting divorced. Does he need to wait until December 2024 or until April 2025 to get around the 2 year issue with immigration. He has lived together with his wife for 5 years however they could not get married because he could not legally divorce his ex-wife quickly. He is not sure if the 2 year start from date of marriage or date of I 130 application.

[milimelo 4,475]

So many questions. 

What's friend's country of origin?

How did he get to the US? Sounds like he came on some sort of visa - which one?

Where did he meet his USC spouse? Is the USC spouse from the same country originally? How did they meet?

Was the friend married previously? When did he get married to USC? When did he divorce his origin country spouse?

 

BTW, it hasn't been INS since 2001...

 

[pushbrk 12,865]

The "two years" begins on the marriage date.  The interview will be a joint interview, and the status will be adjusted based on the marriage being bona fide, in the present tense, on the day of the interview.  The two years does not impact adjusting status.  It impacts whether a later process of removing conditions is avoided.  

[powerpuff 6,674]

Unrelated hijack post removed.

 

VJ Moderation 

[Wavez24 20]

A friend of yours? Sounds like there is no friend and this is your situation. Otherwise why are you getting involved in their personal stuff?

[Dumbolina 0]

Lawyers advice is to wait until April and if they still have not called for an interview, go to court to force Immigration to issue the green card. I know one person who did that and it took 3 years so I am hoping thats not the case here. Usually they waive the interview if they thought the marriage is real. He has prior marriages and his current wife's income is low so it likely got flagged for an interview. He already has work permit and advanced parole so in a good working marriage, he could wait for years. Unfortunately if they flag you for an interview and they never call you you can stay in limbo forever. Marriage issue is due to wife having mental issues and not taking medication on time. It seems like he is running out of patience. 

 

I am US born citizen happily married with 3 kids. I looked into sponsoring him for my business and his personality is a good fit unfortunately he would not meet US immigration employment  guidelines for sponsorship. I advised him few years ago to go to Canada and try his luck there, he decided to get married and have a real relationship. I respect his decision. May be I should advise him to talk to another attorney.

 

 

[pushbrk 12,865]

13 minutes ago, Dumbolina said:

Lawyers advice is to wait until April and if they still have not called for an interview, go to court to force Immigration to issue the green card. I know one person who did that and it took 3 years so I am hoping thats not the case here. Usually they waive the interview if they thought the marriage is real. He has prior marriages and his current wife's income is low so it likely got flagged for an interview. He already has work permit and advanced parole so in a good working marriage, he could wait for years. Unfortunately if they flag you for an interview and they never call you you can stay in limbo forever. Marriage issue is due to wife having mental issues and not taking medication on time. It seems like he is running out of patience. 

 

I am US born citizen happily married with 3 kids. I looked into sponsoring him for my business and his personality is a good fit unfortunately he would not meet US immigration employment  guidelines for sponsorship. I advised him few years ago to go to Canada and try his luck there, he decided to get married and have a real relationship. I respect his decision. May be I should advise him to talk to another attorney.

 

 

Yes, you should advise him to get his information from a reliable source.  You are not one.  No, they don't usually waive the interview.

 

 

Edited November 3 by pushbrk

[SalishSea 17,797]

17 hours ago, Dumbolina said:

Usually they waive the interview if they thought the marriage is real.

Source?