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Employment - Based on interview was schedule

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  • Employment - Based on interview was schedule

    I have an interview for 8.30am tomorrow and am losting my hope because my spouce might not make it to be with me at the time of this interview.

    Please what best advise can i get regard my interview tomorrow???

  • #2
    Why does your spouse have to be at an employment based interview?

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    • #3
      Originally posted by azblk View Post
      Why does your spouse have to be at an employment based interview?
      All family members have to be on the interview because all of them are adjusting status

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      • #4
        What can i do if my wife miss this interview tomorrow?
        Last edited by Bossman2007; 05-02-2018, 08:10 PM.

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        • #5
          Originally posted by ceo_broker View Post
          All family members have to be on the interview because all of them are adjusting status
          Not entirely accurate. Every i-485 is decided on its own merits.

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          Originally posted by Bossman2007 View Post
          What can i do if my wife miss this interview tomorrow?
          why cant your wife go to the interview? If she misses it with good reason [ desecration of uscis io] they may reschedule her interview. If they do not think it was a good enough reason her case will be denied. You will have to file refile in that case.

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          • #6
            She missed it because she was at the hopital at the time. The doctor recorded that her blood prosure is high than normal. I went for the interview myself with the evidence from the hospital and the office asked me to write a letter and address it to whom it may concern. Then he approveled it and told me that i will get a letter in the mail with a new date.

            Originally posted by azblk View Post
            Not entirely accurate. Every i-485 is decided on its own merits.

            - - - Updated - - -



            why cant your wife go to the interview? If she misses it with good reason [ desecration of uscis io] they may reschedule her interview. If they do not think it was a good enough reason her case will be denied. You will have to file refile in that case.

            Comment


            • #7
              Originally posted by Bossman2007 View Post
              She missed it because she was at the hopital at the time. The doctor recorded that her blood prosure is high than normal. I went for the interview myself with the evidence from the hospital and the office asked me to write a letter and address it to whom it may concern. Then he approveled it and told me that i will get a letter in the mail with a new date.
              Well, Bossman2007, if you are the one who is employed by the company, then USCIS just wants to make sure that you have a legitimate relationship with your wife. One giveaway of a bona fide marriage is having unrestricted access to each other's health care providers and health care records. It sounds like you were able to act as her advocate here and speak to her physician directly and request that letter as proof.
              There are many things that one could do to document the legitimacy of the illness and the bona fide nature of your relationship. So for the interview, in spite of her absence, the ISO likely would have liked to see solid evidence of financial commingling of finances. I have written extensively on how to best stage evidence. One should always tell USCIS what the evidence is proof of. The same way you would in a trial. That way no way can say the dog you're presenting as evidence is really a rabbit. USCIS is notorious for throwing tantrums and crossing their arms, and standing in front of evidence that speaks for itself, but time and time again, they will refuse to connect the dots or extrapolate for you. So for the interview, you will need a Table of Contents that includes a brief explanation of what each piece of evidence is proof of.

              You will also need to extensively document that there she was not well. You do not need to disclose her entire medical history to USCIS. HOWEVER, you can disclose insurance claims related to this doctor visit, any claims for prescriptions - you don't have to state what medications she took, that is all confidential. But methods of payment, receipts for parking at the urgent care center, if someone validated your parking receipt, even better.

              You should go to the interview with her. There is no reason she should sit through that herself. Employment based adjustment of status is not my forte. I am just becoming familiar with it as questions come up. However, I am very familiar with USCIS expectations for evidence of bona fide marriage and how to stage it so that there is no argument to what it is proof of. You always present "best evidence". Lease vs. letter from landlord stating your wife resides in the same home. "Best primary evidence" is of course, the lease. You can make that best primary evidence even stronger by throwing in secondary/tertiary evidence like a letter from the landlord; which would carry less weight if presented as stand alone evidence.

              If they rescheduled the interview, there is nothing to fear. This could have been handled more efficiently and pragmatically. And I am not stating this to bash you. I am stating it so that others who find themselves in this spot in the future can quickly think on their feet. I would have even offered the ISO to call the hospital where my spouse is being treated. This would be a good time for you to get an advance health care directive.

              USCIS must know that by including spouse and children into the mix, they've exponentially increased the number of wild cards in the game and things that can go wrong. Eventually, you are going to a mom, and 3 kids who get pink eye or the flu and only the dad is able to attend. Mr. Trump wanted additional vetting. Well, this is what that means.

              All the best. Reach out to me directly if you need help thinking of evidence or with the table of contents. I am always glad to be of assistance.

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