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No decision after Stokes AOS interview??

Charlotte, NC |

We had an interview early first week of January 2013, and separated during the interview, at the end the officer said he will mail something within 2 weeks, it has been almost 4 weeks now. What should we do? Our case is so simple, and we didn't hire a lawyer.
a) InfoPass is unavailable-it keeps saying try back later as they don't have any dates to schedule, no luck with 800 # CSR either, no one knows what's that status...
b) Hire a lawyer and leave him do all the job?
c) Wait?
d) how long wait?
The reason we are in a hurry, my wife is from Ukraine and she is having a family emergency, and we know the risks to travel when green card pending, although is it possible?

My spouse still has her F1 visa valid but she is out of college now. Can she renew it at the Embassy?

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Attorney answers 4


As you have learned by now ... your case is not "so simple". It isn't too late to hire an attoney and have him/her review your paperwork and 'de-brief' you.

Also, they aren't required to keep their 'we will get back to you in 2 weeks' "promise". They can take as long as they want. Infact, it is usually better to not "push" them to make a decision.

a) This is not a question, thus I can not provide an answer.
b) Yes, it is a good idea to meet with an attorney.
c) That is your decision
d) There is no 'good' answer to this question. I would suggest that you talk to an attorney and consider pushing them 150 days before the EAD expires.

There was a comment about an F visa that doesn't appear when I enter response mode ... thus I can't see what it says. Again, talk to an attorney about this.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.



She has had an F2 before we applied for green card, now she is out of college and I believe her visa is still valid, could she use that visa to re-enter while her AOS pending?

F. J. Capriotti III

F. J. Capriotti III


You are leaving out some extremely important facts. 1. Did she leave the US after the interview? 2. If she left, did she have an Advance Parole document in-hand? If your answer to # 1 is yes and to #2 is no ... she has big problems ... her application for adjustment will be deemed abandoned.


I agree with my colleague and would add that she cannot leave the US without having been granted advanced parole. To do so, you must file form I-131 although the process may take 2-3 months.

The answers provided should not be considered legal advice. They are for general information only. It is always recommended you consult with an attorney prior to taking any action.


This is the perfect case for you to retain an lawyer who is experienced in defending the perception of marriage fraud. Being out in front of this is a great litigation strategy. If Charlotte CIS did a Stokes interview, then I'm guessing they have some information they want to reconcile. A thorough review of your case presentation and potentially a supplementary filing in anticipation of an RFE or a NOID may be the best course of action.


I agree with the previous answers and add that if your wife has a true medical emergency that requires her to travel to Ukraine, she may be able to get an emergency travel document. Of course, she must provide proof of a life and death situation in her immediate family that requires her to travel while her adjustment of status is pending.

The comments made on this site by Brenman Law Firm, PLLC of Chapel Hill, North Carolina are not legal advice. This information is provided as a public service and is intended as general guidance only. We require an initial consultation and a signed retainer agreement before we represent our clients.

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