Holding off FP before marriage

M

mahgoa1

Registered Users (C)
Hello friends,
I am having a Fingerprinting appt in first week of Nov. I am actually flying to India for marriage in couple of weeks and will be back in first week of Dec. I have rescheduled the appt. once before this. I have spoken to my attorney and he feels there is no problem. But after reading some forums as well as talking to INS customer service, I gather that there may be risk involved in rescheduling second time. It may delay the I485 processing but the fingerprint notice also states "Failure to show up may result in denial or abandonment of the entire appl". Do you guys think i should just go ahead with my FP and then file for then attach my I485 immediately upon our arrival in Dec. I do not my I485 would be approved in couple of month's time.
I would appreciate any information on this topic.

Thanks in advance
Mahesh
 
I would suggest you to go ahead with your finger printing and dont postpone it one more time.
I have gone through a similar situation.
I filed for my I-485 in october 2001, fingerprinting in March 2002( as scheduled for the first time) and went to India in July 2002 for my marriage. I joined her to my application in August 2002.
I got my I-485 approved last week. And my wife has her EAD card now.
But I also advice with my experience not to wait very long, as I did.

Good luck
 
Thanks for responding so promptly. I will speak to the attorney once again before and take a decision.. Just wondering what are the risks involved if they have problems attaching my wife's I485 application to mine.. My FP is due 07 NOV, and i should be able to file for my wife's I485 by DEc'15. So its not very big gap and i think it may be worth the risk.
Would appreciate inputs from anybody who went through the same thing.
 
FP re-scheduling

Hi,


I-140 ( June 07 Receipt date, waiting for approval)

I-485, EAD (filed on Oct 1st 2002, Notice date Oct 17th)

I have been a silent spectator of this site till Now.

I and my wife got a FP notification, scheduled on Nov 16th. My wife is in India and her scheduled return is on Jan 27.

When I request for a rescheduling the FP, do we have any say on the new date or, completely at their descrition.

From all your experiences, please suggest what would be the best thing to do.

thanks and regards,
Suresh
 
mahgoa1: It is not clear what your lawyer suggested you. Is he asking you to again postpone FP or finish it? The risk involved with doing FP is, after it is done, you do not have any control over the approval. It could happen anytime in the next few months. Chances for that to happen in a month are slim. But if it does, you should realize that you cannot file for adjustment for your wife and she has to probably return to India after H4 expiry and come back thru family preference (spouse) channel which is several years delay. Suggest you check the timelines for approval after fingerprinting for your service center. I had the same question facing me early this year. I postponed fp once (date was in feb '02). I got a second appointment immediately in March though I asked for April . I did not even reply to this as I was in India in March for marriage. Came back with wife in April. Filed for her adjustment in early June. Strangely, INS Texas did not send me any further fp notices. I then contacted INS Detroit (as I am in this city now) and they accepted the old fp notice and did the fp for me in end June. I got my approval in Sep.

suresh_gc2000: I doubt if they would listen to your fp request. To me end Jan looks very far and not worth waiting. You should complete the activity and may be she can travel back. But make sure she has AP before she goes back.
 
kum3,

Thank you very much for the valuable information, I will work in that direction, to fly her for a week or 10 days and back.

She has her H4 till 2004, multiple entry, do you think she still needs the AP. I have applied fo I-485, EAD and didnot apply for AP.

Thanks,
Suresh
 
kum3,

Thank you very much for the valuable information, I will work in that direction, to fly her for a week or 10 days and back.

She has her H4 till 2004, multiple entry, do you think she still needs the AP. I have applied fo I-485, EAD and didnot apply for AP.

Thanks,
Suresh
 
Suresh
We can definitely request for rescheduling and put down our dates of preference, but looks like INS doesn't doesn't look at ur preferred dates. It happened to me and now i am in a dilemma whether to ask for second reschedule of dates or just finish with it. In your case i think the best option is fly back ur wife and get the FP done. Not sure whether she can fly back on H status or u would need a AP for her.
Do we have anybody who had problems after rescheduling FP the
second time.

THanks KUm, for your advise. The lawyer has put the onus of risk on me and is not taking any position. Whether to reschedule or not is my call he says.

regards
Mahesh
 
suresh_gc2000: As you said, fly back your wife. I do not know the correct answer for your question as to if she needs to have AP in hand before return to India. I checked your dates below and your AOS is filed in this month only. Even after you complete the FP in Nov, it should take quite a few months for approval to come through. Check the approval trends on rupnet.com. You may be fine with H1/H4. There are some good discussions under 'EAD/AP' thread. Read through (I posted some of my recent experience there. I did the same mistake of not applying AP for my wife alongwith AOS but finally managed to correct it. ) and you can post a new question there. Do mention that you plan on staying here and she staying in India.

mahgoa1: I wish your lawyer had been more helpful. I think you can attempt for a second postponement. See my case. I did not even reply to my March notice. One scenario for you is, request for postponement, get married and come back, file for your wife, go to the same FP office and show your old letter and ask for a new appointment. That is exactly what I did in Detroit. I showed INS Detroit the 'March FP' for an office in Tampa and Detroit honored it and sent me a new notice in just one week. You may want to go over to the FP office and ask them if they accept old notice and give you a new appointment. If they accept your postponement request, obviously your job becomes much easier.
 
Kum3 and others,

I need some advise from you guys. My AOS was filed on 10/03/02 and the notice date is 10/23/02. I got my FP notice yesterday and it has been scheduled for 11/26. I plan to get married in Feb-March next year (approx 3-4 months from now). If I do go for my FP on 26th, do I put my wife's adjustment on risk? Do you guys think there is a reasonable risk that the 485 will be approved before Feb-March, say 2-3 months after my FP, my I-140 has not been approved yet, notice date for that is sept 13, so both the applications are in their early stages ...

Tell me what should I do? ... please advise. thanks

-sav
 
I am not sure what the process is with parallel processing of I140 and I485..But if you are done with FP, there is reasonably good chance of getting I485 approved in 4-6 months. Currently, there is a backlog, but depending on the whims of INS this may move fast..Its a chance. I would suggest you ask for reschedule for FP maybe 3-4 months from now and hopefully they would honor the request. But again, check the backlog for I140, i am not aware of this.
regards
Mahesh
 
I agree with mahgoa1. You are taking risk if you go ahead with the fp now. I suggest you pospone it. You can consider the risk if the duration is around a month but you have 3-4 months. In my case, the case was in fp pending status for a good 4 months and INS did not abandon the case or anything.
 
Just to update u guys on my second FP notice. I went ahead and applied for rescheduling it the second time. I am getting married this month and next month i would apply for I485 for my wife..Hopefully, I wouldn't have problems rescheduling FP the second time.
 
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