Still waiting on my interview appointment, its been over 65 days since i filed ,so whats the worst scenario? some friend told me that sometimes they approve the green card without an interview ? does it really happen ? an how ?
You mustn't believe everything you hear. Whenever there is a marriage based GC application, there will be an interview scheduled at the USCIS district office. Period. The only time when "people get their GC without an interview" is on employment-based green card applications; never marriage.
You need to be patient. First you will get your biometrics appointment (any day now), then the interview notice. Normally, depending on the actual USCIS district you are in, couples get interviewed within 3-4 months after having submitted their AOS package to USCIS.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Green card through marriage, USCIS almost always requires an interview. Green card through some other relationship, such as parent-child, sibling, etc., sometimes does not require interview. Whether or not to interview is USCIS's choice - not yours. I suggest you consult with an immigration attorney about your case.
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You will be called for an interview. Different offices have different waiting times based on their backlog and the number of officers conducting interviews. 65 days is not that long. If you have not received a notice of interview within 120 days of filing you can call the 800 number printed on your I797 receipt.
Answers to questions are for general purposes only and do not establish an attorney-client relationship.
For marriage-based green card petitions, there will always be an interview, unless the immigrant spouse entered the U.S. on a K-1 fiance visa. In those circumstances, the immigrant spouse files the I-485 after the wedding day and, unless the background check finds something suspicious, the green card will be issued without an interview.
I know that waiting can be difficult, but you should have an interview at the Omaha Field Office within 4 months of filing. The local office has been very fast in scheduling adjustment interviews lately.
Mark J. Curley
You should consult with an experienced immigration attorney, whether myself or one of my colleagues, to thoroughly review your situation. Nothing in this post should be considered legal advice and no attorney-client relationship has been established.