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Case Stories
⏳ EB-3 Marriage-Based I-485 Interview Scheduled - Pending with Status Gap
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⏳ **Case Status: Pending**
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A foreign national married to a USC in November 2024 has an I-485 interview scheduled for July 2026 in New York. The applicant has limited bona fide marriage evidence and a roughly 10-month period of unlawful presence due to a missed STEM OPT extension. The case is pending with significant anxiety around the interview outcome given current enforcement climate.
Case involves a marriage-based adjustment of status (I-485) filed after a November 2024 marriage to a U.S. citizen. An interview was scheduled approximately 7-8 months after the marriage. The applicant had a prior F-1 student visa status but fell out of status for approximately 10 months due to not filing for STEM OPT, though remained in an authorized stay period during a pending application. Evidence of bona fide marriage currently includes joint tax returns (2024, 2025), joint lease, membership cards, friend/family affidavits, a recently opened joint bank account, photos, a joint credit card, and streaming subscriptions. The applicant is considering whether to attend the interview as scheduled or request a postponement to gather additional evidence.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1u350mc/interview/)**
*Source: Reddit I-485 EB*
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*This post was automatically curated from online sources to share real case experiences with the community.*
Cases with F-1 to marriage-based AOS transitions and prior status gaps are receiving heightened scrutiny at interviews in 2025-2026. The evidence list presented (joint taxes, lease, affidavits, photos, credit card) is actually a reasonable baseline for a relatively short marriage. Cases under 1 year of marriage typically face harder bona fide marriage scrutiny. Postponing an interview carries its own risks — USCIS may interpret it unfavorably or scheduling delays could extend the timeline significantly. Applicants with status gaps should be prepared to explain the gap clearly and consistently. Consulting an immigration attorney before the interview, even for a single consultation, is strongly recommended in cases involving out-of-status periods.