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My wife disappeared before interview for adjustment of status

#1 nyc32

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Posted 02 April 2012 - 12:51 PM

My wife and I married 6 months ago and have been living together all that time. Some time ago we had an argument. But a week ago she packet all her belongings and left me without a notice. And I lost a contact with her.
A month ago I got employment authorization and stuff. So I suppose the interview for adjustment of status will happen very soon. But as long as she left me what do I do in this case? Please help
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#2 Vanessa&Tony

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Posted 02 April 2012 - 12:56 PM

Are you the immigrant or is she?

In either event the AOS will be denied if one of the parties doesn't attend the interview. The GC can be approved WITHOUT interview so what to do depends on whether you're the immigrant or the USC.

Edited by Vanessa&Tony, 02 April 2012 - 12:57 PM.

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Aussie K1 process - http://www.visajourn...interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourn...-list-included/
ROC April 2012 - http://www.visajourn...il-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourn...il-2013-filers/ (includes document list)
Aussie Chat page - http://www.visajourn...ussie-oi-oi-oi/ (leaving this for reference purposes)
Aussie Chat page continued - http://www.visajourn...ussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourn...change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourn...ost__p__4135806
Shipping Costs from Aus to US - http://www.visajourn...sts-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

#3 kcoyclay1

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Posted 02 April 2012 - 12:59 PM

Don't think there's anything to do. Does she have family or friends you can contact?

Are you the immigrant or is she?

In either event the AOS will be denied if one of the parties doesn't attend the interview. The GC can be approved WITHOUT interview so what to do depends on whether you're the immigrant or the USC.

He's the immigrant. He stated that he just got his EAD recently.
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STANLEY & KAREN
01/15/2009 - Fedex I-130, I-485, I-693, I-864, I-765, G-325A
01/20/2009 - Received in mail-room and signed for by J CHYBA
01/28/2009 - Checks cashed by Homeland Security
02/02/2009 - Received in mail 3 pcs of NOA1 one each for I-485, I-130, I-765 dated 01/28/2009
02/03/2009 - Received email RFE. What did I not send now, whew!
02/09/2009 - Received mails for initial evidence and Biometric appointment (02/19/2009); mailed evidence
02/19/2009 - biometrics done - in a out in 45 minutes
03/14/2009 - Receive NOA2 dated 03/10/2009. AOS interview April 29, 2009
03/18/2009 - Touched. EAD Card production ordered
03/25/2009 - Touched. EAD approval sent
03/27/2009 - EAD card received in the mail; applied for SS# immediately (office is across the street from my home)
04/02/2009 - Received SS# in the mail
04/29/2009 - Interviewed. I- 130 approved, I-485 pending IO's review
05/05/2009 - Received NOA2. Welcome letter for Permanent Residency. I-130 and I-485 approved 04/30/2009
05/08/2009 - Touched. I-485 approval letter sent
05/11/2009 - GC received in the mail. Expires 2019
05/11/2009 - Applied to remove restrictions on my SS Card
05/18/2009 - Received unrestricted SS card
10/13/2009 - My darling husband of 2 yrs 5 months 3 weeks 3 days passed away

--------------------
KayCee

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#4 nyc32

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Posted 02 April 2012 - 01:01 PM

Are you the immigrant or is she?

In either event the AOS will be denied if one of the parties doesn't attend the interview. The GC can be approved WITHOUT interview so what to do depends on whether you're the immigrant or the USC.


I am the immigrant. What do I do?
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#5 kzielu

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Posted 02 April 2012 - 01:05 PM

I am the immigrant. What do I do?


Return home.
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#6 aaron2020

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Posted 02 April 2012 - 01:06 PM

I am the immigrant. What do I do?


The AOS will be denied if your wife does not attend the interview with you.

If you want to remain in the US, you will need a lawyer to help you.

If you want to go home, then go home and file for a divorce there based on abandonment.
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#7 kzielu

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Posted 02 April 2012 - 01:10 PM

Actually I am thinking since he is adjusting from K-1, he does necessarily have to have an interview.
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#8 Vanessa&Tony

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Posted 02 April 2012 - 01:13 PM

I am the immigrant. What do I do?

As everyone else has said, leave the US is the only favourable choice you have.

If your wife doesn't attend the interview you will be denied. It's that simple unfortunately.

You CAN try and wait and see if you get the GC in the mail (without interview) but you don't know whether she's already contacted USCIS to withdraw her I-864 (which she is able to and which will also deny the AOS). You also don't know whether she's called ICE to tell them she left you and why (could have told them it was fraud, or you are abusive or something).

You can also file for divorce here in the US, or wait till you get back to your home country.

I'm sorry you're going through this.

Actually I am thinking since he is adjusting from K-1, he does necessarily have to have an interview.

There is no guarantee he will this is true, but we don't know what she has done behind the scenes. Leaving him without a word... what about the rent/bills? Is he able to earn enough to support himself? This is a pretty severe reaction on her part.
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Aussie K1 process - http://www.visajourn...interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourn...-list-included/
ROC April 2012 - http://www.visajourn...il-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourn...il-2013-filers/ (includes document list)
Aussie Chat page - http://www.visajourn...ussie-oi-oi-oi/ (leaving this for reference purposes)
Aussie Chat page continued - http://www.visajourn...ussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourn...change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourn...ost__p__4135806
Shipping Costs from Aus to US - http://www.visajourn...sts-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

#9 nyc32

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Posted 02 April 2012 - 01:22 PM

i came to usa in 2002 with J1. was without papers till i married her in 2011
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#10 milimelo

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Posted 02 April 2012 - 01:27 PM

Moving to AOS from work, student, tourist visa as OP came on J-1 visa.
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Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC
3/5/2009 - I-751 received in CSC
3/9/2009 - Check cashed
3/20/2009 - Biometrics notice received (no NOA1)
4/2/2009 - Biometrics
4/9/2009 - NOA1 date (first undelivered one is 3/5)
4/3/2009 - Touch?
5/6/2009 - ROC Approval - 65 days
6/22/2009 - CRIS Card production ordered email
7/7/2009 - GC arrived!

Naturalization Journey
3/03/2010 N400 sent to Arizona Lockbox
3/15/2010 Check cashed
3/17/2010 NOA1
3/18/2010 - Biometrics notice sent
3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)
4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)
5/1/2010 Text and email interview letter sen
5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am
6/17/2010 Interview appointment - PASSED
6/29/2010 US Citizen

#11 kzielu

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Posted 02 April 2012 - 01:37 PM

i came to usa in 2002 with J1. was without papers till i married her in 2011


Than forget about no interview part. Start packing or hire lawyer.
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#12 nyc32

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Posted 02 April 2012 - 01:47 PM

can it possibly be that they will not depart me from the usa if i hire a lawyer in my case?
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#13 ceadsearc

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Posted 02 April 2012 - 01:47 PM

Nothing you can do unless she happens to come back and you happen to reconcile. Interview is required and if she doesn't show up or if she shows up and tell them your marriage is no more, you will be denied. Unless you've been abused, I don't know what a lawyer could do to help but if you want to spend the money on one that's your call.
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OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

#14 kzielu

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Posted 02 April 2012 - 03:20 PM

can it possibly be that they will not depart me from the usa if i hire a lawyer in my case?


Unlikely - if you think about it - you came to US to live with your wife - if your wife is gone, you lost your reason to be here...
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#15 pasportit

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Posted 02 April 2012 - 04:12 PM

If you married, and you love each other, go get her.
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3/23/2012 (Day 0) - I-130, I-485 and I-765 sent
3/24/2012 (Day 1) - Delivery confirmation form USPS
3/27/2012 (Day 5) - E-Notification that paperwork received
3/28/2012 (Day 6) - Checks for I-130 and I-485 cleared
4/02/2012 (Day 11) - Hard Copy of NOA1 in the mail of I-130, I-485 and I-765
4/04/2012 (Day 13) - Received a letter for biometrics appointment for 4/20/2012.
4/20/2012 (Day 29) - Biometrics done
5/03/2012 (Day 42) - Status online changed to interview, scheduled for June 11
5/16/2012 (Day 55) - EAD Card Production, online status update
5/24/2012 (Day 63) - EAD Card in the mail
6/11/2012 (Day 83) - Interview, approved on the spot
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