Interview letter ...

D

Dave_Cho

New Member
Hi everybody ... I need some help/advise. It's urgent.

My wife (who is a US citizen) and I are married for almost four years. I am originally from Europe (The Netherlands). I arrived in New York in 2010 and I applied the Immigrant Visa Petition, right after we got married.

Recently I received a letter from NVC, to attend the interview, which is at the US Embassy in the Netherlands (Europe). I have been reading about illegal and/or unlawful presence in the US.

I have already booked a ticket to Amsterdam, which is in 3 days, but after reading about "unlawful presence", I am in doubt if I should leave the USA to attend the interview in the Netherlands Europe. I need advise as soon as possible because there is a risk that I will be denied to enter the USA in the future and that my spouse and I will not be able to see each other again.

Please advice. Should I leave the US or not?
 
Your case sounds very strange. You've been waiting 4 years for an interview? That's extremely long for marriage to a US citizen. Was your wife a US citizen when you applied in 2010?

It's also strange that you've been staying in the US all this time, but the interview is in the Netherlands. If you're staying in the US throughout the process, the normal course of action is to apply for adjustment of status (I-485) so you can complete the interview and other formalities within the US and receive permission to work while the application is pending.

Have you been overstaying for the past few years? If yes, you won't be able to return to the US if you leave. In what status did you enter -- did you use the visa waiver? Student visa? Something else? Depending on how you entered, you might be able to apply for adjustment of status now (and cancel the existing interview at the consulate).
 
Jackolantern said:
Your case sounds very strange. You've been waiting 4 years for an interview? That's extremely long for marriage to a US citizen. Was your wife a US citizen when you applied in 2010?

It's also strange that you've been staying in the US all this time, but the interview is in the Netherlands. If you're staying in the US throughout the process, the normal course of action is to apply for adjustment of status (I-485) so you can complete the interview and other formalities within the US and receive permission to work while the application is pending.

Have you been overstaying for the past few years? If yes, you won't be able to return to the US if you leave. In what status did you enter -- did you use the visa waiver? Student visa? Something else? Depending on how you entered, you might be able to apply for adjustment of status now (and cancel the existing interview at the consulate).
Click to expand...

Hi, thanks for your respond. First of all, yes ... I have been overstaying for the past 4 years, I never left when I got here. But let me explain how I got here ...

European citizens can come and go to the US on vacation without needing any visa. So, I can book a ticket to the US and stay for 3 months. Within the 3 months I got to leave the US. The woman I married is a US citizen. Right after I got here, we got married and I never left the US. That means, that I have been "unlawfully present in the US", while my case was pending. Because of that they still might deny a Visa at the interview and I won't be able to come to the US anymore, even if I'm currently married to a US citizen for 4 years.

I have already booked my flight, which is on monday, June 30 2014. (2 days from now). So this is the case now!
1. They might question me at the border at JFK and put it in the system that I haven't left the US since my entrance in 2010.
2. The US Embassy in the Netherlands might deny giving me a Visa. Even if I am married for almost 4 years.

I am very sceptical about leaving the US to attend the interview.
I just want to cancel everything and start the whole process all over again, including the "Adjustment of Status (I-485)". NVC told me that I can't apply for the I-485 now, because all my paperwork has been sent to the US embassy in the Netherlands already.

I need a second opinion on this from you guys. Please give me some input. The main question is:
"Should I go to the Netherlands to attend the interview or should I start the whole process all over again?"
 
Due to your years of unlawful presence, you will be banned for 10 years if you leave the US before your green card is approved.,

If you want a green card, your only option is to stay in the US and apply for adjustment of status. That also may fail, because of some court rulings against people who entered with the visa waiver and apply for adjustment of status, especially those who applied for adjustment of status after the 90-day legal presence period allowed by the visa waiver. But your chances with the I-485 will be much better than the GUARANTEED FAILURE f you attend the interview outside the US.

It is false that you can't apply for I-485 now. If you apply for I-485 (without reapplying for I-130), they cancel the consular interview and send your files back from the consulate to USCIS and you'll get to continue the adjustment of status process.
 
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