waiting for gc interview in phila, 2 ques

J

jub97

New Member
1. Is there anyway to expedite my case, meaning speed up my waiting time to get an interview (marriage based)???
expected waiting times means another 7.5 months from now. waiting times are shown for philadelphia local office, but philadelphia said all cases are now being processed at miossouri natyional center, very confusing.

2. My husband, who is awaiting the gc ( i am the usc) was here for more than 180 days with an expired visa when we got married, can he travel with advanced parole without being made to leave the US for 10 years at the interview???

Please help!!! Thanks!!!!
 
jub97:

1) All AOS application at the North East (or more) regions of US are directed to Missouri for background works. They will create his file, set-up his case on their computer system, schedule biometic and fingerprint, send notice regarding the AOS package you sent in, process I-765 (EAD) and AP. At the end, they will send the package back to local office for final interview and approval. This is not new, if you read several posts, you will find out quickily.

2) As far as immigration law goes, your husband is out-of-status. I would not advise you to even apply for AP..just a waste of money. Theoritically, he can travel out with AP but he may (it is a BIG unknown, until someone attempt it) be ban from returning to US for 10 years.

However, after the interview, he will gain the legal status of GC holder. Now, he can travel as he pleases.

kenmw
 
1* No there isnt. All you can do about it is waiting. All docs are processed in NBC (Missouri) but 485 will be processed at the local office and will be adjudicated with your 130 when it turn comes at the local office in Phili.

2*NBC takes into consideration his overstay when approving travel document. They will either approve or reject the AP. If they issue it- he can travel. It might be very risky though. Better wait util stamp

I read about somebody in the forum who overstayed 2 years and got his passport stamped eventually. I guess it all depends on the circumstances.
However you might wish to dig out a reasonable explanation for his overstay until your interview, cause in general it's not advisable to have more than 180 days overstay.
Good luck
 
I understand that, but we already have fingerprints, biometrics, work card and soc sec card, does that mean it is back at local office now? also the i 130 takes much longer than the 485, meaning they will do the i 130 when the i 485 is ready, not the other way around, correct? the i 130 is definitely at missouri, i know that, where do you think the i 485 is at this point? thank you very much in advance for your answer.
also, what do you mean that now he can travel as he pleases? i thought the whole point is that he cannot while waiting for the interview??? thanks again!!!
 
jub97 said:
I understand that, but we already have fingerprints, biometrics, work card and soc sec card, does that mean it is back at local office now? also the i 130 takes much longer than the 485, meaning they will do the i 130 when the i 485 is ready, not the other way around, correct? the i 130 is definitely at missouri, i know that, where do you think the i 485 is at this point? thank you very much in advance for your answer.
also, what do you mean that now he can travel as he pleases? i thought the whole point is that he cannot while waiting for the interview??? thanks again!!!
Click to expand...
1* Yes, when the date of 485 comes at the local office, local office will request your 130 form NBC and both wll be adjudicated together. 485's is the leading date.
2* He means that it's no problem to travel at all after getting the GC. Through AP he can travel now while his GC is pending. However it's still risky, cause he might be questioned by the Imm officer at the port of entry, lets say about that 180 days overstay and might not be admitted in the country

In genearl traveling through AP there's always 1% risk.
 
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