Adjustment Interview Jurisdiction Question

G

goober_

New Member
Hi folks-
New here, and hopeful someone can offer some experienced opinion on our case. Thanks in advance to any that can offer advice or information.

Short version: For a married couple currently living apart due to work obligations, where should the interview take place (ie what jurisdiction)? That of the applicant, or petitioner?

Long version, with background:
I'm a US citizen, and my wife and I submitted an I-485/I-130 (along with I-765 & I-131) back in late April.
Her status is currently legal via H1-B for her job in South Carolina (SC), but for that reason we currently live apart (I am in CA). We've been married almost 1 year, dated for 4 years before that.
We hope to live together and raise a family as soon as she can get permanent status on not be dependent on her job in SC for her right to be in the US.
Every aspect of our application process has gone smoothly (I-131 & I-765 granted, biometrics appt OK, medical fine, etc.), until we got to the interview step.
First, we were notified in June we had an interview in SC in July. I bought plane tickets, arranged for time off, etc., but then a week before the interview we got a cancellation notice.
Then a week or so later we received a new notice for a rescheduled interview (again in SC) in late August. This time it was not cancelled. I just returned to CA from the trip to SC to attend the interview with my wife, and my confidence in the whole process is totally shaken.
The immigration officer did not swear us in. He asked only a few questions regarding our living apart from one another and then said that since I am "the principle" in this case, then the proper jurisdiction is CA, not SC, and he is sending the case back for rescheduling another interview in CA. I was incredulous; the entire "interview" took only about 5 minutes. All the time, expense, preparation, travel, and everything, only to be told that "somebody didn't read your application well enough", and "these things happen". He made copies of our IDs and escorted us out, telling us we should wait for a new interview notice.
So... my question is, is this normal? Everything I have read and heard is that it is the location of the applicant, not the petitioner (when they are different) that determines the jurisdiction of the case and thus where the interview takes place. I'm just worried that we'll get scheduled for an interview in CA, and that officer will kick it back for the same reason. Or that it will just get rescheduled back in SC again after review, where it really belongs.
Curious to hear what folks think about this.
 
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That is strange. The interview location is supposed to be based on the address of the immigrant applicant.

I'm just worried that we'll get scheduled for an interview in CA, and that officer will kick it back for the same reason.
Click to expand...
That's exactly what will happen.

By now your wife should have the employment authorization card, so she can change jobs (and move to CA, if that's what you both want) without the H1B hassles.
 
Jackolantern said:
That is strange. The interview location is supposed to be based on the address of the immigrant applicant.


That's exactly what will happen.
Click to expand...

Thanks so much for the quick response, Jackolantern.
I appreciate your prediction that we will likely experience the run-around I am fearing.

By now your wife should have the employment authorization card, so she can change jobs (and move to CA, if that's what you both want) without the H1B hassles.
Click to expand...

I understand the EAD will let her work wherever she wants, but we are afraid of her losing legal status to live in the US before her permanent residency is granted. We thought (perhaps naively) that it would be safer and look more legit for her to remain on the H1-B until our case is settled (but of course requiring her to remain in SC).
Maybe the benefit of co-habitation wrt proving "bonafide marriage" and keeping things simple trumps that of the applicant having current legal status, in the eyes of USCIS. Can't say anything would really surprise me at this point...
I've contacted an attorney and will be getting advice on this matter soon. Hoped not to need to retain counsel, but I'm leaning that way after this whole interview SNAFU.
Again, thanks for any and all advice/opinions.
 
At the risk of showing poor form by bumping my own thread, I will add the question:

Is there anyone out there that has had the experience of USCIS choosing the interview location based on the jurisdiction of the petitioner, rather than that of the applicant when they live in different places?

I've yet to find an example of that. In addition, after reviewing the I-130, I clearly specified SC under question C-22...

Edited 09/15 to add:
Spoke with a local immigration attorney and she said that in fact the adjudicating officer was correct; since the interview is to establish the validity of my I-130 (by virtue of our bonafide marriage), it needs to take place in the jurisdiction where I live, which is CA.
I have no idea whether this is correct. Still waiting for a new interview notice from USCIS, to see where and when we're supposed to go next :confused:
 
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