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-   -   K-1 AOS (I-485) Potential Processing Delays? (https://britishexpats.com/forum/marriage-based-visas-35/k-1-aos-i-485-potential-processing-delays-819763/)

Scot1 Dec 31st 2013 3:06 am

K-1 AOS (I-485) Potential Processing Delays?
 
Hey,

Just thought I'd share this info in case it's of interest to those applying for AOS from K-1 Visas.

My I-485 application to adjust status from a K-1 Visa has been pending since July 2013 (received NOA 24th July). I recently received a letter from the USCIS stating: "USCIS has identified your application as a potential interview waiver case. This means we may not need to interview you. Due to workload factors not related to your case, USCIS anticipates a delay in completing your case ....of approximately 6 months from the date of this letter".

I'm now glad that I applied for (and received) my Advance Parole and Employment Authorization Document as part of my AOS application.

Regards
Neil

ian-mstm Dec 31st 2013 11:29 am

Re: K-1 AOS (I-485) Potential Processing Delays?
 

Originally Posted by Scot1 (Post 11056513)
Just thought I'd share this info in case it's of interest to those applying for AOS from K-1 Visas.

This sort of thing happens every few years... they get a backlog, so those who are otherwise clearly approvable are approved without an interview. Good for you! :)

Ian

civilservant Dec 31st 2013 11:32 am

Re: K-1 AOS (I-485) Potential Processing Delays?
 
Do K1 AoS applicants usually have an interview anyway? After all all that has changed is that they are now married, and that is a matter of fact proved by the production of a signed and executed marriage license/certificate.

ian-mstm Dec 31st 2013 11:59 am

Re: K-1 AOS (I-485) Potential Processing Delays?
 

Originally Posted by civilservant (Post 11056965)
Do K1 AoS applicants usually have an interview anyway?

Yes. Everyone who adjusts status has an interview - unless there's a backlog and then some aren't. But it's SOP to have an AOS interview.

Ian

Noorah101 Dec 31st 2013 2:50 pm

Re: K-1 AOS (I-485) Potential Processing Delays?
 

Originally Posted by civilservant (Post 11056965)
Do K1 AoS applicants usually have an interview anyway?

Yes.


After all all that has changed is that they are now married, and that is a matter of fact proved by the production of a signed and executed marriage license/certificate.
Nothing might have changed in their relationship except they are married, but it's a totally new and separate application for a separate immigration benefit. The first interview was for the visa. A new application for a new benefit (PR status) needs another interview. When it comes time to naturalize (yet another separate benefit), there will be another interview.

The only benefit that doesn't usually get an interview is a joint removal of conditions application. A removal of conditions with waiver, however, usually does have an interview involved.

Rene

jeffreyhy Dec 31st 2013 3:54 pm

Re: K-1 AOS (I-485) Potential Processing Delays?
 
Most of the time, yes.

Originally Posted by civilservant (Post 11056965)
Do K1 AoS applicants usually have an interview anyway?

A marriage certificate is no indication that the marriage is bona fide. Believe it or not, there actually are people who marry a USC to obtain the immigration benefit, and USC's who will marry an alien for the money. Every once in a while there will be another newspaper report of a fraudulent marriage business being busted by ICE.

Originally Posted by civilservant (Post 11056965)
After all all that has changed is that they are now married, and that is a matter of fact proved by the production of a signed and executed marriage license/certificate.

Regards, JEff

Scot1 Dec 31st 2013 4:49 pm

Re: K-1 AOS (I-485) Potential Processing Delays?
 

Originally Posted by ian-mstm (Post 11056961)
This sort of thing happens every few years... they get a backlog, so those who are otherwise clearly approvable are approved without an interview. Good for you! :)

Thanks Ian. To be honest, I would have preferred the opportunity to attend an interview and receive my conditional green card sooner, rather than having to potentially wait 6 months. The reason being that I attempted to apply for a couple of jobs online, but they required the applicant to be a 'green card holder'. Every other job I have applied for thus far has asked only if the applicant has 'authorization to work in the USA'.

I suppose I will just have to wait until I receive my conditional green card before applying.

Regards
Neil

ian-mstm Dec 31st 2013 10:21 pm

Re: K-1 AOS (I-485) Potential Processing Delays?
 

Originally Posted by Scot1 (Post 11057377)
To be honest, I would have preferred the opportunity to attend an interview and receive my conditional green card sooner, rather than having to potentially wait 6 months.

With respect, you'd have a longer wait if you wanted an interview than if you were approved without one. Indeed, they're doing you a favor!

Ian

Scot1 Jan 1st 2014 6:56 pm

Re: K-1 AOS (I-485) Potential Processing Delays?
 

Originally Posted by ian-mstm (Post 11057789)
With respect, you'd have a longer wait if you wanted an interview than if you were approved without one. Indeed, they're doing you a favor!

Oh well, thanks USCIS! I would never have thought the processing time for receiving a conditional green card after an interview would be so long.

Regards
Neil

Noorah101 Jan 1st 2014 7:05 pm

Re: K-1 AOS (I-485) Potential Processing Delays?
 

Originally Posted by Scot1 (Post 11058864)
Oh well, thanks USCIS! I would never have thought the processing time for receiving a conditional green card after an interview would be so long.

Regards
Neil

Usually, NOT having an AOS interview means that your case gets approved sooner than normal (normal being about 6 months or so).

Interesting letter you received.

As for your comment above, it usually only takes a couple of weeks or less to get the green card in the mail after the AOS interview. That's a different timeline than the actual application for AOS, which is where you're at right now.

Rene


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