What happens if you do not go to an interview (I-485)

A

Annieina

New Member
This is my case:
I came legally to the US and got married. I received the appointment for the interview (after 2 years) but did not go because a few months before that I got divorced. Now I am married (happily with a baby :) ) to a US citizen and I am waiting for an interview.

My questions:
1. What happens if you do not go to the interview - do the immigrartion officers take any actions against the applicant, like removal or deportation?
2. How can I check the status of the case when I do not have a receipt number (my ex-lawyer lost it)?
3. Does it mean I have lost my legal status between the divorce and the second marriage?
4. Do I have to file any additional forms before I go to the interview with my second husband - I heard of a fee of $1000 if you have ever lost your legal status?​
 
1. I think your application is considered abandoned. Same happens if you do not show up to a biometrics appointment (says so on the appointment letter).
3. Most probably, yes.
4. No additional forms should be necessary when you are married to a U.S. citizen. The $1,000 is for adjustment of status under section 245(i) with form I-485 Sup A, but it is clearly stated on that form that you do not need to file it if you entered legally and are married to a U.S. citizen.
 
Annieina said:
This is my case:
I came legally to the US and got married. I received the appointment for the interview (after 2 years) but did not go because a few months before that I got divorced. Now I am married (happily with a baby :) ) to a US citizen and I am waiting for an interview.

My questions:
1. What happens if you do not go to the interview - do the immigrartion officers take any actions against the applicant, like removal or deportation?
Your application is considered abandoned and yes, it may invite deportation, however, since you didn't get deported, are now married to a USC, have filed a new I-485 and have even received interview call, you again have a 'Pending AOS' status. So you don't have to worry about deportation for now. Just one thing - this may raise a red flag during the interview, be prepared with an answer, should there be a question about your earlier marriage, I-485 and why you didn't appear for the interview.
Btw, what did you mention as your status while applying fresh?

2. How can I check the status of the case when I do not have a receipt number (my ex-lawyer lost it)?
I don't think you can check the status of your case without a receipt no and anyway, I doubt that USCIS would keep it available for online tracking once the application has been abandoned.

3. Does it mean I have lost my legal status between the divorce and the second marriage?
Yes

4. Do I have to file any additional forms before I go to the interview with my second husband - I heard of a fee of $1000 if you have ever lost your legal status?
I am not aware of any additional form you may need to file - the out of status for a spouse of a USC is pardoned.

Good Luck

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