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Could our interview be waived since we have a child together?

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  • Could our interview be waived since we have a child together?

    Just wondering if anyone is in the same situation as us. I and my husband have a 9 mos old daughter together. We are waiting for his readjustment of status. We filed in the Los Angeles Field Office (Downtown Los Angeles) in October of last year.

    Do you think there is a possibility that we might not need to go for an interview or will we will be called in?

    And also, for those of you who filed at the Field office and not in the Service center, how long did it take to get an approval? I was look on some immigration sites and it says 180 days from the day of filing if filed in the Field Office.

    Can someone answer these questions for me?


  • #2
    HR1456 will deny citizenship to children born from illegal alien parents or parent!!


    • #3
      Would that thing even deny the citizenship to legitimate children who had one US citizen parent? That's downright torture. Chilren have no control over where they're born. They should not have to be punished for thier parent's mistakes.


      • #4
        I think you misunderstood. I am an American Citizen and my husband is also legal in this country. He came here on an H1B visa.


        • #5
          Any advice? Thanks!


          • #6


            • #7
              You still have to attend the interview joined, there are many "marriages" with joined children where it's just for immigration convinience nevertheless...


              • #8
                It is not clear from your post that on what basis your husband has applied for p. residency. I assume that based on marriage. If yes, then you must need to go to the interview regardless of your any situation. You are allowed to postpone the given interview date for some another time by writing to INS in advance, but it would only delay the decision on his application, but you can not waive the interview since in marriage cases, it is compulsory that both person should be there together since you filed application I-130 for yr husband and yr husband filed I-485 for himself based on yr I-130, therefore, INS requires both of you to answer the information provided to them, and specifically in marriage cases, they need to make sure that your marriage is a bonafide marriage, and not just for a green card regardless you have child with yr husband or not.

                As far as processing time is concerned on this application in your area is 12-24 months.

                However, if your husband has applied his p.residency based on the employment, then sometime INS waive the interview. INS is in the process of eliminating the interview requirement in employment cases, but it is not finalized yet.

                As far as your child's citizenship is concerned, then she would be US CITZEN, if you are legal here. If not, then INS would not issue the citizenship or us passport until child becomes 18yrs old and decides to be a us citizen, or meanwhile both of you become legal. I do know that you are a us citizen and yr husband is also a legal immigrant under nonimmigrant visa, so no problem to you at all. I hope i have clarified your issue. Good luck.


                • #9
                  Thank you, Sammy for a detailed explanation. I don't have any problem with us going for an interview, I just thought it would be waived. I am just surprised that we would be called in for an interview. I don't think people would go that far to even having children together in order to become legal in this country.

                  But that's fine.

                  Regarding the wait time. I still don't understand, why then it says it only takes 180 days from the day of filing I-485 if filed in the local field office. You are saying it's more like 12-24 months.

                  Thank you.


                  • #10
                    TO COM21a:

                    INS would not call you in for interview, instead they will notify you thru mail in advance at least 45days before, so you have enough time to prepare yourself. In addititon, interview usually takes 10-30 minutes in most cases, unless there is a problem, i means if INS officer suspects something or raises a question on the validity of some information on the application.

                    There is no any immigration office within the United States nor any U.S. Embassy at overseas takes 180 days to process application I-485 or adjustment of status application. It used to take 15 yrs ago that long, but no more, because volumes of the application and other work loads on immigration. I do not know where do you live to give you exact time periord for this application in yr case, but you should have received the Notice of Action, a letter which states that how long it will take to process your application, which you should have it within 60 days of filing your application with INS and it also a proof of your filing as well as it also provide you a file #, which you need to use every time when you contact the INS.If you did not receive it, then you need to go to INS or write them thru certified mail about the status of yr application and do mention there that you have not receive notice from them, usually local INS offices do not send notice and they are not required to, but you are allowed to inquire the status of the application.

                    So, if you are living in the west coast, it will takes minimum one and half years to two and half years. It all depends where do you live since some INS offices are not that busy, so it takes only 6 months maximum like in Reno, Nevada.

                    And, believe me i have seen thousands of cases wherein girls/ women got pregnant just to stay here or get waiver for their husband since their husband were in the verge of deportation. I am not saying nor said before anything about you in this respect. Recently, i have handled a case wherein a girl of 16 yrs old from another country married a man(u.s.cizen)of 85 yrs old and got three children with him just to come over here, believe me. And, in that country she was allowed to marry at the age of 16 with the permission of her perents or guardians like here in Utah and Indiana, i believe. INS did not believe that she married her husband for love and considered her marriage as a sham marriage for green card only and they even raised the questions on the legitimacy of her children with her husband. INS gave her very hard times and after all kinds of DNA tests and investigations, they have no choice just to grant her permanent residency, so people do all kinds of things for just to be here. Well, anyway, who the hell i am to judge their situation or circumstances, if they choose to do that way then my prayers are with them since not everyone can make that kind of sacrifices, right? Good luck in yr situation.


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