Letter from Homeland Security

[Sebastian]

coupla points to ponder:

 

1. it's perfectly acceptable to have a 'permanent address' and then live somewhere else for contract work or school. many people do this, myself included.

 

2. a side effect of having this permanent address is that you have to handle things at the permanent address, in that district or taxing authority.

 

3. pommey's N-400 interview (for citizenship) is the 'end game' of the process, an AOS interview for I-485 is 'The Beginning' once yer landed in the USA. IMO, is not the same thing. BUT - is possible to reschedule the interview via an InfoPass appointment AT your 'local' office (the one that has jurisdiction for your school area in VT).

 

4. Seriously, since this is the first interview on the first step of the AOS process, wouldn't it 'look better' for your case, to actually show up at the appointed place at the appointed time? Also, aren't both of you required to be there, since it's an INIITIAL AOS based on marriage to a USC ?

 

Sure, it makes sense to get the initial AOS interview done during the summer break, whilst the two of you are physically in WA state - but it also makes sense to show up in WA state on the appointed date and time - regardless of how impractical and troublesome this might actually be.

 

If you seriously can't make it in April, then strongly suggest you set up an InfoPass appointment NOW, get the interview date rescheduled.

 

Relax a bit, and good luck !

[contretemps]

Thanks for taking the time to give us some suggestions. However, I think we are taking the appropriate step by requesting a postponement of the interview. I have responded to each of the points you have laid out below.

 

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1. it's perfectly acceptable to have a 'permanent address' and then live somewhere else for contract work or school. many people do this, myself included.

Sure thing.

 

2. a side effect of having this permanent address is that you have to handle things at the permanent address, in that district or taxing authority.

Yep.

 

3. pommey's N-400 interview (for citizenship) is the 'end game' of the process, an AOS interview for I-485 is 'The Beginning' once yer landed in the USA. IMO, is not the same thing. BUT - is possible to reschedule the interview via an InfoPass appointment AT your 'local' office (the one that has jurisdiction for your school area in VT).

Regardless of the importance of the interview, USCIS probably has the same policy on informing applicants of newly scheduled interview dates subsequent to requesting postponement. So I think pommey's response is relevant to our situation.

 

4. Seriously, since this is the first interview on the first step of the AOS process, wouldn't it 'look better' for your case, to actually show up at the appointed place at the appointed time? Also, aren't both of you required to be there, since it's an INIITIAL AOS based on marriage to a USC?

Yes, both of us are required to be there. But as to whether it would "look better" to not postpone the interview, there's strong evidence that it doesn't matter. During my wife's biometrics appointment, we discussed this exact problem with a USCIS agent in the office, because we foresaw this interview being scheduled at a time when I am in school. The agent said it would be no big deal to write a letter requesting a postponement for the summer vacation. I just verified this with another USCIS agent over the phone two days ago. People have said the specific reasons for requesting a postponement is relevant, but I think not. The I-797C expressly mentions cases such as "illness" or "close relative's hospitalization" which may be reasons for such a request. The form does not expressly mention "inconvenience." However, reasons are arbitrary and can be fabricated. As long as we can't make it to the interview, it probably doesn't matter why. This is especially convincing in light of what USCIS agents have told me.

 

Sure, it makes sense to get the initial AOS interview done during the summer break, whilst the two of you are physically in WA state - but it also makes sense to show up in WA state on the appointed date and time - regardless of how impractical and troublesome this might actually be.

It's actually very troublesome and as unbelievable as it may seem, I cannot simply skip classes--especially on those days. Law school is not cheap and I have things to do around the interview date which cannot be neglected. With my understanding about how simple it is to get this interview date rescheduled, it makes no sense to sacrifice expensive law school classes (which, if missed will adversely affect my grades and thus chances to make money in the future) for an interview that can easily be rescheduled.

 

If you seriously can't make it in April, then strongly suggest you set up an InfoPass appointment NOW, get the interview date rescheduled.

I don't know exactly what an "InfoPass" is, or where our local office is to obtain one. However, we have already sent our letter to the WA office requesting a postponement. Obtaining an "InfoPass" at this point would only complicate matters.

 

Relax a bit, and good luck !

Thanks, we appreciate it!

[Guest Pommey]

I would add that being out of the country is a good reason for rescheduling, convenience for school might be ok, maybe not, but remember they will set the new date and it still may not be during your holidays, I would be very cautious about missing that one or trying to reschedule again.

 

I don't think USCIS run by your convenience.

 

ps make sure you contact your local office and stay in touch with them

[warpedbored]

I would still recomend you make an info pass apointment. Here is a link to the field office in Vermont.

https://egov.uscis.gov/crisgwi/go?action=of...or.statecode=VT

 

An infopass appointment is so you can go in and discuss with the USCIS a problem you may be having with your case. You can schedule an appointment here

https://infopass.uscis.gov/info_en.php

 

If nothing else it would give your wife some peace of mind.

[LeeFisher3]

While you have sent a letter, the local office can actually enter something directly into the computer system concerning your case. They might be able to reschedule the interview as well while you are standing there. The USCIS call centers, while helpful at times, do not have the ability to do much concerning rescheduling appointments and their advise is often incorrect with no liability for their statements.

 

Waiting on a letter to be associated with your case file before the interview date is not a good idea, it may or may not happen, just as receiving a response from the USCIS prior to the interview date may or may not happen.

 

When it comes time for the interview if you are not there and the letter is not there is only one possible outcome.

 

Making logical or legal decisions concerning the USCIS and the process they follow is not always a good idea, the USCIS does what it wants, when it wants and seldom takes into account what it should be doing or who it hurts.

 

If you do not have confirmation on rescheduling by the date of the interview you need to both walk through the door at the appointed time and place or be willing to risk the case being canceled with a deportation notice to follow in the mail.

 

Others have had cases canceled in similar circumstances and the appeals process takes time, lots of time waiting. With the case cancellation also includes the revocation of EAD and AP.

[contretemps]

I have no intention to not attend the interview if no letter arrives informing us of a rescheduled interview date. Nowhere have I said I would do this.

 

If no letter arrives, we will fly across the country. That's just the last resort option.

 

So tell me, do you think that USCIS, upon receiving our letter requesting postponement, would actually cancel the appointment altogether? Or would they simply deny our request and leave the appointment date scheduled as is? I am of the opinion that they would do the latter. We did not request a cancellation; we requested a postponement. If they don't respond to us, then I would like to assume that the interview date is still scheduled at the normal time. Is that a safe assumption?

 

While you have sent a letter, the local office can actually enter something directly into the computer system concerning your case. They might be able to reschedule the interview as well while you are standing there. The USCIS call centers, while helpful at times, do not have the ability to do much concerning rescheduling appointments and their advise is often incorrect with no liability for their statements.

 

Waiting on a letter to be associated with your case file before the interview date is not a good idea, it may or may not happen, just as receiving a response from the USCIS prior to the interview date may or may not happen.

 

When it comes time for the interview if you are not there and the letter is not there is only one possible outcome.

 

Making logical or legal decisions concerning the USCIS and the process they follow is not always a good idea, the USCIS does what it wants, when it wants and seldom takes into account what it should be doing or who it hurts.

 

If you do not have confirmation on rescheduling by the date of the interview you need to both walk through the door at the appointed time and place or be willing to risk the case being canceled with a deportation notice to follow in the mail.

 

Others have had cases canceled in similar circumstances and the appeals process takes time, lots of time waiting. With the case cancellation also includes the revocation of EAD and AP.

[contretemps]

I just called USCIS and spoke with a knowledgeable woman.

 

I asked, "Will USCIS notify us of whether or not they accepted our request for postponement?"

 

She answered, "Yes. But we cannot guarantee that they will." (and then she proceeded to read a pre-written legal disclaimer to that effect)

 

So I guess we just have to wait for a notification. If they do notify us and tell us our postponement has been accepted, then great -- we won't fly back.

 

If they notify us that our postponement has been denied, great -- we'll fly back.

 

If they don't notify us either way, we have to fly back even if they did actually postpone the interview. In that case we waste the airfare money. Please NOTIFY us, USCIS!

[Sebastian]

i think you'll get better results via an infopass appointment. but hey -- that's just my opinion, however malformed.

 

The physical process of receiving your postponement letter, attaching it to your casefile, then having the casefile reviewed, and then an USCIS employee making a decision, to me, all seems convoluted, with a possibility of breakdown on each step in the process.

 

Setting up an infopass, imo/e, gets direct results, as you're actually removing the possibility of any of these breakdowns.

 

I suggest setting up an infopass appointment, and then having the interview date changed at the appointment. IMO, having an infopass appointment, then addressing the change of interview date at the infopass appointment, reduces a lot of risk.

 

Good Luck !!

Edited March 4, 2009 by Sebastian (see edit history)

[contretemps]

We set up an InfoPass appointment for Monday morning here in Vermont. But we already sent the postponement-request letter via priority mail. Don't know if there would be some confusion there if VT can and will change our interview date.

 

i think you'll get better results via an infopass appointment. but hey -- that's just my opinion, however malformed.

 

The physical process of receiving your postponement letter, attaching it to your casefile, then having the casefile reviewed, and then an USCIS employee making a decision, to me, all seems convoluted, with a possibility of breakdown on each step in the process.

 

Setting up an infopass, imo/e, gets direct results, as you're actually removing the possibility of any of these breakdowns.

 

I suggest setting up an infopass appointment, and then having the interview date changed at the appointment.

 

Good Luck !!

[warpedbored]

We set up an InfoPass appointment for Monday morning here in Vermont. But we already sent the postponement-request letter via priority mail. Don't know if there would be some confusion there if VT can and will change our interview date.

 

i think you'll get better results via an infopass appointment. but hey -- that's just my opinion, however malformed.

 

The physical process of receiving your postponement letter, attaching it to your casefile, then having the casefile reviewed, and then an USCIS employee making a decision, to me, all seems convoluted, with a possibility of breakdown on each step in the process.

 

Setting up an infopass, imo/e, gets direct results, as you're actually removing the possibility of any of these breakdowns.

 

I suggest setting up an infopass appointment, and then having the interview date changed at the appointment.

 

Good Luck !!

At the very least with an infopass appointment there will be a record that you were there to address the problem.