But they still don’t have a case file to send to the embassy. All they have is your intention to do AOS. And anything to do with you was sent to USCIS for your adjustment case. So they literally don’t have anything to send to the embassy.
Thank you again! The interview was just like a generic one. Everything seems like a new case with no reference to the previous one.
This is probably a glitch in the system, or someone clicked on the wrong update button. Nonetheless, I recommend you try another walk-in attempt at your FO, you should be able to get better clarification (if allowed in, or allowed to speak with someone). You can also reach out to your congressperson requesting their assistance with getting clarification on your case update.
Thank you very much I will do the same and keep you posted
That is what I have been doing for almost three times now . But I am not receiving anything specific they just give generic reply which is not fair at all especially when the deadline is right here . I wish you all the best
In such situation, I believe they can/do use their discretion by approving the primary applicant. If that happens, yes a derivative (who has no individual fall back status of their own) will need to depart from the US while a spousal application gets initiated for them. I hope it doesn't come down to that for you guys.
Thanks. By that do you mean that they even do that by default without consulting us? Or would that be after finding a way to advise them to do that?
By default, since both cases are technically speaking separate cases, even though approval of derivative is conditioned on the primary applicant's case approval.
Congratulations. Just like I guessed the previous update about your interview being cancelled was a glitch.
You’re aware your wife would have to wait outside the country for the process to complete - she would not be able to AOS because of being out of status, even for one day.
Got it, that's surprising to me. So if neither of us are approved by Tuesday would that be safe to assume that either I was stuck in background check or both of us and not just my wife? Like, your expectation would actually be that they would approve the primary applicant as long as they were themselves in the clear?
Yes we're aware of that. A plan could be to live near the Canadian border so she can stay there while I continue to maintain my status in the US and that I'm able to see her and my son regularly.
That makes me question that? I'm unsure of exactly what that entails. Does that just mean she must apply to the consulate in her home country but doesn't necessarily need to be living in her home country?
The US does not dictate where she has to live, only where she can apply for a visa. If she can prove residence in a 3rd country she can apply there, however realistically having been out of status once before and awaiting a green card likely means getting a visit visa is not going to happen.
1. Could be the case.
So with doing a walk in tomorrow, do you think I should bring my wife and son again like last time? Or would it be logistically better to just go solo? The reason being my son is only 2 and can be a handful and get bored so I could imagine they wouldn't want us hanging around without an appointment. We did bring him last time though.
