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I-797C, Notice of Action - Form I-485

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  • I-797C, Notice of Action - Form I-485

    Important Question - Is the I-797C, Notice of Action - Request for Applicant to Appear for Initial Interview a Mandatory Interview, or is it an Optional Interview?

    My immigrant / ex-wife and I never received any notice for an I-485 Adjustment Application for Permanent Residence interview. There was no Interview…

    Case Type: Form I-485, Application to Register Permanent Residence or Adjust Status

    --------------------

    Example:
    Immigrant / ex-wife came to the United States on a K1 Visa.

    May 28, 2006 - Immigrant / ex-wife arrived to the United States.

    June 9, 2006 - We were married in Honolulu.

    August 28, 2006 - Immigrant / ex-wife sent in her I-485 Application for Permanent Residence paperwork and the return notice date is September 1, 2006.

    From February 25 to April 26, 2007 - Immigrant / ex-wife was in Thailand visiting her family.

    This trip was planned since August 28, 2006 when immigrant / ex-wife filled out the I-131 Application for Travel Document and she wrote February 1, 2007 as the date of her intended departure, and her expected length of trip was 30 days.

    Early April 2007 - While immigrant / ex-wife was still in Thailand, her Permanent Resident Card came in the mail, with May 9, 2009 as the expiration date.

    April 26, 2007 - Immigrant / ex-wife arrived back to Hawaii and her Green Card is waiting for her.

    Question - Is the I-797C, Notice of Action - Request for Applicant to Appear for Initial Interview a Mandatory Interview, or is it an Optional Interview?

  • #2
    Originally posted by Bowthai View Post
    Important Question - Is the I-797C, Notice of Action - Request for Applicant to Appear for Initial Interview a Mandatory Interview, or is it an Optional Interview?

    My immigrant / ex-wife and I never received any notice for an I-485 Adjustment Application for Permanent Residence interview. There was no Interview…

    Case Type: Form I-485, Application to Register Permanent Residence or Adjust Status

    --------------------

    Example:
    Immigrant / ex-wife came to the United States on a K1 Visa.

    May 28, 2006 - Immigrant / ex-wife arrived to the United States.

    June 9, 2006 - We were married in Honolulu.

    August 28, 2006 - Immigrant / ex-wife sent in her I-485 Application for Permanent Residence paperwork and the return notice date is September 1, 2006.

    From February 25 to April 26, 2007 - Immigrant / ex-wife was in Thailand visiting her family.

    This trip was planned since August 28, 2006 when immigrant / ex-wife filled out the I-131 Application for Travel Document and she wrote February 1, 2007 as the date of her intended departure, and her expected length of trip was 30 days.

    Early April 2007 - While immigrant / ex-wife was still in Thailand, her Permanent Resident Card came in the mail, with May 9, 2009 as the expiration date.

    April 26, 2007 - Immigrant / ex-wife arrived back to Hawaii and her Green Card is waiting for her.

    Question - Is the I-797C, Notice of Action - Request for Applicant to Appear for Initial Interview a Mandatory Interview, or is it an Optional Interview?
    If USCIS is asking you to come for an interview then its mandatory. If you don't show up, your application will be deemed abandoned.

    Comment


    • #3
      I think what you're asking is if every adjustment of status applicant has an AOS interview. The answer is NO. Many K1s have their AOS approved at the California Service Center (rather than their local office). In that situation, they are approved without interview and sent their green card.

      Before her conditional 2-yr card expired, she could file for removal of conditions, with or without you, and get her 10-yr green card.

      Comment

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