Brookville, NY Immigration Law Firms & Lawyers

Strictly speaking, no one can forbid you to marry your fiance right away and file an immigrant petition for him. The only wrinkle is that he will be required to prove that, when he entered the U.S., he did not intend to become an immigrant. I would recommend discussing your circumstances with an immigration attorney to get a fair evaluation of your chances to satisfy this requirement; if going ahead with adjustment of status on a marriage-based petition looks too risky, your attorney would suggest other options for enabling your fiance to be with you sooner when K-1 visa can be obtained.

The answer to your question will depend upon the reason for failing to appear for a scheduled interview and details about the communication of that reason. If there is a reason the USCIS considers acceptable for needing to reschedule an interview, for example a medical emergency, and if the reason is supplied timely to the USCIS along with supporting evidence (such as a medical record or a letter from a physician), the USCIS usually will accommodate the request. If you were to be represented by an attorney, the attorney could supply a letter with supporting documents to the USCIS and also notify the USCIS through the USCIS-American Immigration Lawyers Association Liaison Process. Without an adequate reason and appropriate documentation timely supplied to the USCIS, you may expect that agency to deem the application to be abandoned, and to terminate the case. If the foreign national spouse does not then have a valid visa, there is a risk that the USCIS would take steps to initiate removal/deportation proceedings. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.

This will probably require help from an attorney. You may try through Catholic Charities or another accredited agency for help if you are too poor to hire one.