interview waived?

[susieq]

I read somewhere that some one got their AOS without an interview and I was wondering if anyone else has heard of this? My last update says they will send me a written decision on my pending AOS. Haven't had an interview or biometrics appt...

I entered legally (B1/B2, long story but we got married in feb 2003, after going to the Immigration office here and asking them about the procedure and they said it was fine we could get married and I could leave and then file when I came back on my Tourist visa.... I returned home and then my husband travelled to my country for our religious marriage. When we came back together in Aug 2003 I had no problems. Then I flew out of the USA again on dec 2003 and was back jan 2004 and had no problems... then I left on july 2004 and came back aug 2004 and when I was inspected the officer told me he would let me in cause he couldn't find anything against me and because I was mislead by the NCSC to believe I could use my visa and my I-94 to travel as long as neither one had expired prior to my departure. I was also over 6 months pregnant and had not broken any laws while I had been here, he also told me everything I had to file to fix this mess). I didn't file immediately and overstayed.

My I-130 was approved in dec 2004 before I filed (aug 2005) for AOS and I have been married to a US citizen for 1 month short of 3 years. We have a 13m old son. We have filed joint taxes for the past 2yrs (and will do it this year too). I haven't worked while I have been here. Is there any possibilities that due to me been married for this long, have an approved I-130 petition and a child and also due to the fact that our office is closed indefinitely due to hurricane Katrina, they might have also considered waiving my interview?

 

[hadron]

Family cases pretty much ALL go for interviews. Employment cases rarely go for interviews.
Hang in there, keep doing what you are doing (stay out of trouble, pay your taxes), sooner or later they will call you guys for an interview, possibly at a different field office. With 3 years of marriage and a common kid you have nothing to worry about. If you were lawfully admitted into the country (an I94 was issued), you will be able to adjust.

 

[susieq]

Well, the case I am talking about is actually a marriage based AOS. I just find it weird that my update says "we will mail you a written decision on this case" instead of something like: "we will be contacting you with an interview date" or something of that sort or simply "we have received the document we requested", like it did when they received an additional document they had requested to process my I-130.

 

[hadron]

The online system has only a limited number of canned responses. Often there is not a linear progression from message to message. The scariest is if your message goes from 'this case has been approved' to 'we will contact you with a decision in 999 days' and back within a week. Incidentally, ONE sign of a I485 being approved is if it drops off the system alltogether.

I heard 'ALL 245i cases get interviews' and still, I know of an employment based 245i case that got approved without, no questions asked. So, I wouldn't be entirely suprised if they approve the occasional marriage case without interview.

 

[susieq]

Well, I know my I-130 was suppose to take 990-999 days but it actually took less because they moved it from wherever it was (don't remember right now) to The CSC. The letter announcing the change said that they had move the petition to an office that was less loaded so it could be processed faster. Anyway, I really am crossing my fingers they do the same with my I-485, that way I can finally travel. I certainly don't understand why some offices will process documents in 3 months while others take almost 18 months to 2yrs. They should divided the case so everyone gets a chance to adjust in a max of 9 months.... I am pretty sure there is many more immigrants, for example in Texas, than there is in Louisiana, yet, those in Louisiana have an expected wait of 18months while those in Texas will be processed in a max of 6 months.

 

[hadron]

The states that traditionally have many immigrants like CA and TX also have immigrant (=latino) congressmen, and as congressmen apportion money and money is what buerocrats live on, their CIS offices get the necessary staffing first. (the california regional center used to be the worst for adjustment applications and nebraska was the fastest, now it is upside down).

 

[hadron]

And where does oversight come from ?

USCIS has only little congressional oversight because it is an issue only few congresspeople are interested in. The only areas where you can get elected with a pro-immigration agenda are TX and CA.