Crisis Before the Interview!!

[poyo 0]

Hello

First time to post here.

I need a very argent answer. I have my interview next week for my I-485 to get my green card.

My wife filed I-130 and we just need to go to the interview.

However, past few months I noticed her strange attitudes.

Then I found out that she is cheating on me and even had an abortion!!

This is so sudden and I don't know what to do.

I don't have a GC so I know it is very difficult to do it without my wife.

But I don't even don't know if she will show up at the interview next week. ( She moved out from our place).

What is my option? Should I go to the interview even if she does not show up?

I am upset my wife's betrayal and worried about my GC.

I really would like to stay here.

Please help me ASAP.

[payxibka 10,045]

moving duplicate post to "Effects of Major Family Changes on Immigration Benefits"

[MNCouple 3]

Wow, it's unfortunate that you are learning all of this now. Are you both planning on a divorce at this point or what are you both thinking for next steps. If she has moved out, then things might already be heading down that path.

If I may ask, what is your country of origin and what visa did you come to the states on?

[Minya's wife 25]

The country of origin really has no bearing on the question the OP has asked.

It is best to withdraw your green-card application since without your USC wife's sponsorship and a continuing valid marriage, your application will not be approved. Under no circumstances should you go to the interview alone. Have you verified with your wife if she has withdrawn the affidavit of support and or if she plans on attending the interview?

[poyo 0]

We got married in Japan and I was just visiting her.

Then by the time I have to leave here before 90 days, we realized that it is too hard to be separated.

So My wife filed I-130 for me using an attorney and we got through all the process and

received an interview date few weeks ago.

I just cannot believe I am in this situation now. She had a great time with my family in Japan and we are so close, at least for me, relationship.

It happened to be she started cheating on me while I was in Japan.

The problem now is I started find out all her lies now.

She tells me all different story about everything these days I don't know what to beleive.

Our common friend told me that they knew about her cheating and supporting me now.

Please someone let me know what my options are.

I know I will need an attorney but right now, she might show up for the interview.

And we don't know what will happen to our marriage right now.

[payxibka 10,045]

until you are divorced there is really nothing else you can do beyond what you have already done....

Edited September 8, 2009 by payxibka

[Brother Hesekiel 2,236]

Minya's wife,

the country of origin matters quite a bit when trying to understand the social context. People from Canada or Great Britain, Nigeria, Russia, Japan, or Iran, just to name a few, have completely different backgrounds and customs from one another. If the country of origin didn't matter, USCIS would just have to boxes to mark: "USA" and "other." They want us to name our country of origin, however, and for good reason.

Poyo,

your wife is your petitioner. Since your adjustment of status has not been approved yet and won't be approved without an interview which your wife has to attend, you have no legal standing in this matter. Without your wife's support, your application will be denied and you will have to return to Japan.

[payxibka 10,045]

Minya's wife,

the country of origin matters quite a bit when trying to understand the social context. People from Canada or Great Britain, Nigeria, Russia, Japan, or Iran, just to name a few, have completely different backgrounds and customs from one another. If the country of origin didn't matter, USCIS would just have to boxes to mark: "USA" and "other." They want us to name our country of origin, however, and for good reason.

Poyo,

your wife is your petitioner. Since your adjustment of status has not been approved yet and won't be approved without an interview which your wife has to attend, you have no legal standing in this matter. Without your wife's support, your application will be denied and you will have to return to Japan.

or possibly wait for the divorce to be final and self petition..... might reccomend the need for legal counsel here

[Old Dominion 26]

We got married in Japan and I was just visiting her.

Then by the time I have to leave here before 90 days, we realized that it is too hard to be separated.

So My wife filed I-130 for me using an attorney and we got through all the process and

received an interview date few weeks ago.

I just cannot believe I am in this situation now. She had a great time with my family in Japan and we are so close, at least for me, relationship.

It happened to be she started cheating on me while I was in Japan.

The problem now is I started find out all her lies now.

She tells me all different story about everything these days I don't know what to beleive.

Our common friend told me that they knew about her cheating and supporting me now.

Please someone let me know what my options are.

I know I will need an attorney but right now, she might show up for the interview.

And we don't know what will happen to our marriage right now.

You will benefit by contacting a good immigration lawyer. It seems you were married in good faith but did not live together very long. If that can be proved, you may have a chance to stay here, but it will take a lawyer to figure out how. Going to the interview "together" would be fraudulent in any case.

[youtube 0]

We got married in Japan and I was just visiting her.

Then by the time I have to leave here before 90 days, we realized that it is too hard to be separated.

So My wife filed I-130 for me using an attorney and we got through all the process and

received an interview date few weeks ago.

I just cannot believe I am in this situation now. She had a great time with my family in Japan and we are so close, at least for me, relationship.

It happened to be she started cheating on me while I was in Japan.

The problem now is I started find out all her lies now.

She tells me all different story about everything these days I don't know what to beleive.

Our common friend told me that they knew about her cheating and supporting me now.

Please someone let me know what my options are.

I know I will need an attorney but right now, she might show up for the interview.

And we don't know what will happen to our marriage right now.

You will benefit by contacting a good immigration lawyer. It seems you were married in good faith but did not live together very long. If that can be proved, you may have a chance to stay here, but it will take a lawyer to figure out how. Going to the interview "together" would be fraudulent in any case.

Agree,

contact a lawyer like yesterday

good luck

[Nik+Heather 121]

We got married in Japan and I was just visiting her.

Then by the time I have to leave here before 90 days, we realized that it is too hard to be separated.

So My wife filed I-130 for me using an attorney and we got through all the process and

received an interview date few weeks ago.

I just cannot believe I am in this situation now. She had a great time with my family in Japan and we are so close, at least for me, relationship.

It happened to be she started cheating on me while I was in Japan.

The problem now is I started find out all her lies now.

She tells me all different story about everything these days I don't know what to beleive.

Our common friend told me that they knew about her cheating and supporting me now.

Please someone let me know what my options are.

I know I will need an attorney but right now, she might show up for the interview.

And we don't know what will happen to our marriage right now.

He has an immigration lawyer, no? Poyo, why not seek the legal counsel of the person you have already had working on your case?

[redglasses 1]

I am very sorry that you are having a tough time.

Don't you have her number or know where she is staying now?

You two should talk what you are going to do including the visa interview.

I think you will better off to contact an immigration lawyer if you would like to get GC and remain in the US.

[JimVaPhuong 4,863]

He has an immigration lawyer, no? Poyo, why not seek the legal counsel of the person you have already had working on your case?

If his wife hired the lawyer to handle the I-130 then, technically, she is the client. If he's like most immigration attorneys, he probably hasn't been involved in the case since the initial petition was approved. Since the marriage is now fizzling out, it might be a conflict for the attorney to now represent the OP as a separate client. It might be better if he got a different attorney. If my understanding of this situation is correct, this attorney hasn't given them very good advice anyway.

I'm still trying to figure out what happened here. From my understanding, OP met his US citizen wife in Japan, where they were married. After this, OP came to the US to visit his wife. When his visa was about to expire they decided it was too hard to separate, so his wife (on the advice of an attorney) decided to file an I-130 to keep her husband in the US. Now it's time for the I-485 interview, and the marriage is falling apart.

Ok, I don't see much chance of the AOS interview being successful, even if his wife participates. They were married before he entered the US as a visitor. They're going to have a helluva time convincing the IO that he didn't intend to immigrate when he entered.

If his wife doesn't go to the interview, then he's sunk. His AOS is based on his marriage to her. There is no "good faith" waiver for AOS.

Poyo, by all means you should contact a competent immigration lawyer. However, based on my understanding of what you've posted here, I think you're going back to Japan.

[poyo 0]

Thank you everyone for your comments.

To add more info, we have been married for over a year and lived together for about 7 months.

Marriage was entered in good faith, but she found this new guy during 5 months of separation.

I am trying to contact her but no reply.

I left her messages, text and emails, but so far she has not replied yet.

She lost all her friends because of her lying and I have no idea where she is now.

But at least she is in the same town.

So do you guys think I should withdraw this petition with her and try to file by myself with an immigration attorney for a green card?

It is so frustrating because just until few days ago when I received an interview date, I was so happy. And I thought she was happy too.

Then this whole story, cheating and abortion surfaced.

Right now, I am still waiting for her to contact me, but I am so depressed and cannot sleep at all.

The attorney we had was hers and I would like to know how to find a good but reasonable price attorney.

Please help me since I don't have much time left till the interview.

Thank you.

[rika60607 215]

After you withdraw AOS application and divorce, you will no longer be able to apply for a greencard based on your marriage.

You may have other grounds to apply for a greencard - if you are highly skilled/unique worker (scientist, artist, athlete) and if you find a company willing to sponsor you for a greencard. Else, you get one if you invest a tremendous amount of money in US business.

If you want to stay in the US, it does not have to be as immigrant. You can find a job that will sponsor you for a work visa or you could become a student.

One thing to consider - I am not sure if you accrued overstay or not, if you withdraw AOS. I believe that overstay less than 180 days will not incur a ban for US entrance. So you should speak with an attorney, but one possible way out of your current situation is to quickly find a job/school that will provide you with a reason for work or student visa (and file for divorce), go back to japan before you incur a ban, get a divorce, a nonimmigrant visa and come back to US.

For someone from a 3rd world that scheme would be impossible (consulate would likely reject any visa after overstay), but you are from Japan, you will likely able to do this.

I am sorry for your most unfortunate situation.