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  1. #1
    Join Date
    Nov 2009
    Location
    Mount Clemens
    Posts
    1

    Question Visa-Interview in Germany - Expired I-94

    Hi!

    I have as it seems a quite serious problem. I came to the U.S. last February on a I-94 tourist visa. I married my husband, who is an U.S. citizen, a couple weeks later, in the U.S. We filed the I-130 right after that, which got approved. The I-485, which we filed together with it, didn't get approved though and rejected. We filed all necessary forms now, and although I-485 got rejected, I will have my interview date somewhen soon back in Frankfurt, Germany (where I come from).
    Now, to make a long story short, during all this time I stayed in the U.S. with my husband and needless to say, my tourist visa expired. I tried to contact the NVC (National Visa Center) and the USCIS a couple times, but they couldn't give me any other information other than I already knew. My fear is, that if I have to go for my interview to Frankfurt, I won't be able to come back to the U.S. for the famous 3-10 years, because I've been here all this time, so to speak, illegal. Am I right? Also, it's very confusing to me why this interview has to be held in the country of one's origin and can't just be held in the U.S. This would be so much easier.

    I would highly appreciate any help or answer to my questions, thank you!!!

    Nadine from Mount Clemens, Michigan

  2. #2
    Join Date
    Feb 2006
    Location
    NA
    Posts
    244

    Default Re: Visa-Interview in Germany - Expired I-94

    There are piece of critical information we are missing.

    You say the I-485 was "rejected" Can you be more specific what you mean? Why was it rejected? Normally, the I485 process is to file the form, have an interview, THEN they make a decision.

    Normally, if the I485 applicant(you) are in the US already, then the interview would take place in the US, at the closest USCIS office near where you live.


    The fact that your I-94 has expired should not be a problem as long as you are in the process of adjusting status with the I-485, so you need to make sure the I-485 is still pending.

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