Greetings,
As you can tell from my topic, this is strange case. My friend and his wife has been together for the past 4 years. They have occasionally had difficulties and have really had a tough year. My friend has his Adjustment of Status interviews later on this week and his wife says she will not be going with him. They still live together, share their bills together and have a 1 year old daughter. Does anyone know what choices he has at this point? Can he attend the interview by himself? Take a lawyer? Any suggestion will be greatly appreciated.



Bond.

Not too many choices, His wife needs to go there, or his I-485 will be denied.

What is her reason for not attending? Does she wish to terminate the marriage? If not, refusing to co-operate and holding alien hostage to the immigration process can be considered emotional abuse.

"What is her reason for not attending? Does she wish to terminate the marriage? If not, refusing to co-operate and holding alien hostage to the immigration process can be considered emotional abuse."

Just as the wife agreeing to cooperate and attend the interview anyway could also be considered fraud.

That is the million dollar question. Why doesnt she want to attend the interview? I am not 100% sure of the reason, but from my observation and interacting with them, she has always acted as if it was her way or no way. She knows the importance of this interview and wants to flex her muscles. What she does not realize is that if his case is denied, he will be terminated from his job and can't support their child. I guess she lacks the vision to see that. I can even imaging what she will she tell the child when she grows up? I guess daddy did not support you. Good thing is that the worst case for him, is he will return back being a Brit.

Thanks for your inputs thus far.

She has to go unless she has a valid excuse (ie being deployed with the military). They ask both people questions (in our case it was why we love each other, which is a fun question to answer...they are looking for body language more than anything).
In your friend's case it doesn't look too good.

Eh, what? Only if the wife wishes to terminate the marriage and knows that the alien only married for immigration benefit.

My friend has not being served a divorce notice and she has not told him she wanted a divorce. Speaking about emotional abuse, does he have a case on that grounds to fight this case. At this point if she does not attend the interview, he will be forced to move out of their home and eventually back to his real country of resident. Any suggesions?

If the USC spouse does not attend an AOS interview, if called, then the alien will be denied and subject to removal. Frequently, in emotional abuse situations, the US spouse uses the immigration process as a means of control. It's much more common if the USC will not co-operate in filling in petitions, required to secure permanent residency rather than refusal to attend the interview. I suppose that is one sure fire way of making certain that one's I-864 is not binding. Perhaps that a smart move on her part, who knows!

This is a very strange situation. He basically wants him out of the country. If she refuses to go, I'd still go -- it will also be an opportunity to discuss with IO what the options are. I would bring affidavits from people who know them as a married couple, especially from relatives on the wife's side, to make the case for genuine marriage.

Apparently she doesn't need any support from him, financial or otherwise. And I really doubt she'll tell their daughter something like "daddy didn't support you," when she's the one making it look like she doesn't need him at all, for anything.

Also, by now I've come to realize that in the vast majority of AOS cases, when a petitioning USC refuses to attend his/her beneficiary's interview, it is usually due to a suspicion or assertion of marriage fraud.

Lacks vision? The understatement of the year. Does she have an ounce of concern for their child?

edit... I would go to the interview alone so the officer would (I believe) makes notes in the case.

they have been together for 4 years...?! I find this highly unlikely that this is a case of marriage fraud. If this IS a case of marriage fraud, good gracious he must have been cunning and patient. He should make her completely aware that if she does not show up, his petition will be denied and he will have to leave. If she truly desires a divorce then that's what needs to be done... playing the immigration game is cruel.

Wow. This is really sad.

As this is an AOS petition on the grounds of marriage, the USC has to be there unless there are extenuating circumstances that can be specified, and evne then, I'd be calling the office ahead of time to find out if the situation is acceptable. If the spouse is not there, I cannot see any likelihood of approval. It says as much on the interview summons (NOA2) letter.

If you're in a position to do so, maybe sit the both of them down and explain, quite simply, that if she fails to do this duty and show up, he will probably be asked to leave the country. If this is a legitimate relationship and she's just thinking she can avoid interview because it is going to be an uncomfortable process she doesn't like (and really, who does enjoy job interviews? Not many!), setting her straight may be all that's necessary.

However, if she's failing to even show proper regard then she's throwing out all those years of waiting and not to mention the expense of the forms. However, it sounds like he's the one paying for it? I don't know, it seems to be a very sticky situation. Hopefully love will overcome this resistance.

there has to be something more to it..

I'd be interested in an update on this case....

I doubt that's gonna happen. They haven't been back on VJ since the day of the original post.

Shame, because there's some good info for others in that situation which could have come out here.

Doesn't sound like a fraud case? Emotional abuse? You gotta be kidding me!!!

Stick with the legal issue: agree with Autumnal, this is a AOS for a marriage base case, the USC must be there. If the USC refuses to adjust the case, guess what buddy, it's time to pack and go home! That WAS the only reason why you were here in the first place... in love, want to be together forever, be together here in the USA etc.... now that basic reason "in love" isn't there, well, I guess one can change their reason after all.

I don't have any suggestion, but get a lawyer!

It's easy to say that when things go well. To uproot your life for something that you want is a big thing, and if that then doesn't work out, it must be very difficult to pack up everything again once you've settled - particularly if you have kids whom you moved also.

I feel for people to whom this happens.

Where does love come into the picture? Love is not a USCIS requirement for AOS. Successful marriage is, however.